20081471 Ver 1_Minor Variance_20080926

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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies,
• Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0233)
• Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
• Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property): _The Lundy
Group_C/O Jamie Baker
2. Print Owner/Signing Official (person legally responsible for the property and its
compliance)
Name: -Jamie Baker a V §
Title: Real Estate Advisor 'J (5
Street address Post Office Box 33279
City, State, Zip: _Raleigh, NC 27636 2 6 2008
Telephone: [phone]
Fax: ( 919) 821-2070 DENII-MATER OWY
ORMWATER BRANCH
3. Contact person who can answer questions about the proposed project:
Name: Steve Mitchell
Telephone: [phone]
Fax:
Email: _srmitchell51 @yahoo.com
4. Project Name (Subdivision, facility, or establishment name - consistent with project
name on plans, specifications, letters, operation and maintenance agreements, etc.):
4600 Lake Boone Trail
5
Project Location:
Street address: 4600 Lake Boone Trail
City, State, Zip: Raleigh, NC
County: Wake
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 '/z x 11 copy of the
USGS topographic map indicating the location of the site):
Lake Boone Trail west to end. Propert on right prior to NCSU University Club .
7. Stream to be impacted by the proposed activity: UT to Richlands Creek
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: NEU Class C
8. Which of the following permits/approvals will be required or have been received already
for this project?
Required: Received: Date received: Permit Type:
CAMA Major .
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
_X_ Others (specify) NBR Minor Variance
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a
plat map or site plan) to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimension of any disturbance in the riparian
buffers associated with the activity, and the extent of riparian buffers on the land.
Include the area of buffer impact In ftz.]: 3300 square feet of fill impact to Zone 2 at
the head water of the UT
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian
buffers: Without granting the minor variance, the UT would have to be crossed
downstream of the delineated origin of the feature and cause significantly more impact
to the riparian buffer.
3. Description of any best management practices to be used to control impacts associated
with the proposed activity (i.e., control of runoff from impervious surfaces to provide
diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.):
FA stormwater collection sisters will be utilized to collect the stormwater enerated
from the facility's impervious and will be slowly released over time. The entire area of
buffer that remains will not be compromised
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. As stated, if the minor variance is not granted, impact to the buffer and stream will be
significantly greater as a crossing in mid stream Would be required.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The contours of the property are syeep and would require greater amounts of cut
and fill if the stream has to be crossed below the origin of the stream.
If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be
changed or deleted without concurrence from the State, and that the easements will be
recorded prior to the sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may
provide information on your behalf, please complete this section:
Designated agent (individual or firm): The Lundy Group C/O Jamie
Baker
Mailing address: P.O. Box 33279
City, State, Zip: Raleigh, NC 27636
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Part 5: Applicant's Certification
I, -Jamie Baker (print or type
name of person listed in Part 1, Item 2), certify that the information included on this permit
application form is correct, that the project will be constructed in conformance with the
approved plans and that the deed restrictions in accordance with Part 5 of this form will be
recorded with all quired permit nd' 'ons.
Signature: ?
Date: q
Title:
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