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HomeMy WebLinkAbout20051037 Ver 1_Complete File_20050608T_ Y - 1cos stem Rc G, --RAM RECEIPT Charles & Army Kneifel 111 Dalmeny Drive Cary, NC 27513 Project: 111 Dalmeny Drive County: Wake September 19, 2005 D ?? D DWQ #: 05-1037 COE #: N/A S E p 2 7 2005 DENR - WATER QUALITY V,'E MS AND STORMWATER BRANCH The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $243.84, check number 3035, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table below. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Neuse 0 0 0 0 0 0 0 254 03020201 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, billfiam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jean Manuele, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File RUtor,GT... E ... Protect"- J oar ftat& ky?wj I` 6ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net W AT O ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 12, 2005 Charles & Amy Kneifel 111 Dalmeny Drive Cary, NC 27513 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1037 Wake County Page 1 of 3 Subject Property: 111 Dalmeny Drive (Lot 34 Springbrook Subdivision) UT to Crabtree Creek [03-04-02, 27-33-(1), C NSW (nutrient sensitive)] Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. & Mrs. Kneifel: You have our approval, in accordance with the conditions listed below, to impact approximately 169 square feet (ft) of Zone 2 of the protected buffers to construct a screen porch addition at the subject property as described within your variance request dated June 7, 2005 and received by the Division of Water Quality (DWQ) on June 8, 2005. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Buffer Mitigation 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1766 /FAX 919.733-6893 /Internet htto://h2o.enr.state.nc.us/ncwetlands N Carolina i Natrtra!!y An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Charles & Amy Kneifel Page 2 of 3 8/12/05 You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 254 square feet as required under this variance approval and 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance approval shall occur. Ms. Susan Klimek should be contacted at (919) 733-5205 if you have any questions concerning payment into the EEP. For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 254 ft2 of required riparian buffer mitigation for impacts to 169 ft2 of protected riparian buffers; 03-04-02 river and 27-33-(1) stream index." The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0242) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ 401 Oversight/Express Permitting Unit for review and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 5. Protective Fencing The outside buffer boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B.0233. Charles & Amy Kneifel Page 3 of 3 8/12/05 Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Ms. Debbie Edwards at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. AW K/dae Enclosures: EEP Notification Sincerely, Alan W. Klimek, P.E. cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Project Name: 051037Kneifel(Wake)MiV 5. Project Location: Street address: 3. L6 ?9 5 dcN 7'0 ,?tCOt+? _ .cv*r[rrC__r -r?oL_v_??Q .v?.r _ €f!?.?+NTlN __ITC- .V `s r_.TATI. N__ruZr.?C_..ct< 4_.7.0 FL&UD WiTtf L??'??Tir/ Pvff"ri- Co?ua?rla?,g 4. Please provide an ex0lanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. 7;;VJe To_ A rJ7Ja t ? _ :?./axfsc? l`s / ?r?, L_,R ? ,a._?1r N7?_..._• _ t/? LZ..1? vlt-/SrM1J? --??'.'?..?t??'u? !_I'!? !?/f'!t.?G(,__..F.jC?Ti[.?Gi ,T??..?._ l?r _!.'G'tt/`?.?'k"-h•',.??} C.?.'?:.?C.y...?. ?.,lf3?r.?NC?_f?bV_??? ?tLoc%? rr.,?;?1?t72?cr_ •' C_?+ ? ? I,??_}7? ?'? -.Gf_'rc2_??'l'_Qr?GS_[c?s1.rK_tN_._S??TS??vs__r??<ILa?rJf=.__1lSG`G lN7,Y*A '?l?rj r../ Ogi?leN--?G GaN?TFE?.GT?a,?l (2) How these difficulties or hardships result from conditions that are unique to the property involved. c?- _.Acz._??!?._E_FE?' r? .# Tr`/RT T"??. tc2c., Gv? E???? t' f1r`.`'. z?r? Z oI`_._.7+<f? FFE .?L>1.rFry,`/..._.. .?`. tL{ .NT2 440 " 71-16 fer.._.r._rs`._.0.j,.fr_.... [S A PAVED A,9l ?E 4 r 4cc&,-r, Tv TIDE To VIC c.7-.570--e& J ? •a co F?t NaaD?1YEPr,. ,s- (3) 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. FU?API,A4Ir dAPI-, E!//t /e- 1h7` 7de .,*-d,-,,, n---.../e-Anr.- 1 t/ -t :---., 9 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): _giLp?p?Ks -_.-___..__...._....._...._..__...._......_......__.._._.._........_ _... _. Mailing address: City, State, Zip: .._......__._..._....... _...... _... Telephone: Fax: C114 -- ..__.... _._..... ........ 3-f -651-n-q ....... _..... _.......... ......... _.__..._._..__ ......__.... .. Email: Oar........ _........ _._...._ Part 5: Applicant's Certification 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.): _'zLk --Lr[1.ef+G SJ/?b.2TS [o/LL Fr tYI/?/?/ =rF n A? f?,cc.r3ir4 4 .?vLl/ ?:. u?Ffc/? Variance Request Form, page 3 Version 2: November 2000 I. __.-.__._..+t?.____.._.'?N.b?T•---_...___..._____--.---._._..._.....----_.--.-----.._.__..__. (print or type name of person listed in Part I, 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 required permit conditions. Signature: Date: Title: w Variance Request Form, page 4 Version 2: November 2000 TopoZone - The Web's Topographic Map http:/hvww.topozone.com/print.asp?z=17&n=3965606.99990746&... 1 ( -'i lea r?(? ' { 1-7 tepoz0I13 c`-. + i 1 1s?.. .1? 1 E :_r{ ;i- r >-- try .? -?`._-a , ?_ "--^J -'7`?, r?• i' r g. ?,JF 1? 1 r i -77 74- ff r I ,?.y ....J.x'? F 1~? 1 F ' J ,' ! ' tl 1 l 1 ? l?ti {I ? / •f? ?..-.i f/ , .?+. ra • . 7 "`• - \? 1 0. -: f"?;? 7"a - ° _c"_\ 1!1 t i' E i.? 1 " ,1 ' ?I r j1t y 4, P-117i ?? ? . a l..-'.?- r ,r• I t) ? - -.,? r???, +L? _'i-1?f,.t =.,?r,.rti,.:?.?? '?, - ??'. 'j'? ?? Y! it -?? ?. I.1 i ? -• .?r \1., r-t? 1i 17?a f •?? ?` tl -(utl4 y,tl ?i 4 J rI ? 1 •?i? ..?r .1 L`. Sri } L_?/ ? a "? ! ?'? 1 '?` 1 ? 1 t ? '?? i ?? ? ??• ?? rJ? ?w1? ? ? ?Y•3 ! = ?" ,??? ? ?? ?, ? Il '?. z ?' ? ? ?. ..? ? j it 1 ? A? ? ? • ?'( ? i• ? t -1 ?. 71 /+? Q '1?1 It M _ f :-1 e ? ,-- . i ?' ?«, •?A { I -i i' '1.[.a t. v ??.1 ?? i 1 / ?? 111 1 -eti ? ti ? ? I r ? , 'yam r ? _ ? 1 j it ,. 1 M >K 0.3 0.6 0.9 1.2 1.5 km 0 0.2 0.4 0.6 0.8 1 mi Map center is 350 48.86'N, 780 47.54'W (WGS84/NAD83) Cary quadrangle Projection is UTM Zone 17 NAD83 Datum I of 1 G M==8.756 G=1.293 6/8/2005 9:12 AM NeA7. Vicinity 1-u rut?? ' No Scale I/ C I-0F-I-1 'l.L-1? e r 1??ro,?? I of z?-_ - -- z -? 3.Z0 ??E I ¢ 1 5 V ?. fJErJ ibkcN M N' . ^?•s 0 9 "' • vcc1= 4 a I ?1?t?-??r tf I t? pal G iL , [t / ij I 7 ' I I F??..tE ? `33 I ???? d ?orJS I I4ACr; Nc0,Z ,Ope Z'Ij.PAt--r: *9 ?r S p?v? f lo?Ja? 3? I fl V ?_ ??, tClj vl_ ry?P l3ouk Iif 11:11i? 1?1 ?G VoF--Page Idd Ueed Book Pg Comity of LOT ?Q- Pl?o?a---r-:_ SUBDIVISION ?Ps?t c?-r?cz?l? I HEREBY CEnTIFY THAT THIS MAP IS CORnECT AND THAT THE BUILDING FOUND ON S LL T AND THAT THERE ARE NO ENCROACHMENTS ON SAID LOT E C PT AS N M. Surv'd Drswn Chk'd. Job No. o ft's Sc lie cj 1-1 V- 4--- 1-1-1 t_ 14131 q -Z3- LEONARD H. SULLIVAN, JR. Property of: Land Surveyor 1005 Vickie Drive i FZ? Cary, North Carolina 27511 Telephone: 919/469-4738 imap:Hdebbie.edwards%40dwq.denr.ncmail.net@cros.ncmail.net:143/... Subject: 05-1037 Kniefel Minor Variance - 111 Dalmeny Dr. From: Eric Kulz <eric.kulz@ncmail.net> Date: Tue, 21 Jun 2005 15:56:49 -0400 To: 'Debbie Edwards' <debbie. edwards@ncmail. net> Debbie: I have already been to this site; I did the stream call a week or so ago. The back yard is real tight, and the rear portion of the house is already in Zone 2. Running the gutter downspouts outside the buffer does not appear to be possible. I talked with the builder about the possibility of excavating small pits beneath the downspouts and filling them with gravel, to potentially provide some retention and reduce the flow velocity. Don't know if this is OK or not, but we didn't see any other way to do it. I suppose another possibility is some type of rain barrel setup that trickles water out. Total impact is 169 square feet (on drawing but not in Variance Form). I really don't have a problem with this one; smaller than a lot of porches we have granted. My comments are on FileMaker. Eric Eric Kulz <Eric.KulzPncmail.net> Environmental Specialist III NC Division of Water Quality Surface Water Protection 1 of 1 8/12/2005 4:08 PM i I ? Variance Triage Sheet ATE: ? n 0- PROJECT NAME: DWQ#' COUNTY: I ??C'eDti? II TO: Eric Kulz, Raleigh Regional Office FROM: Debbie Edwards TELEPHONE: (919) 733-9502 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? "General" Major Variance Minor Variance COMMENTS: Please review for avoidance and minimization and conduct site visit if needed. If you cannot schedule a site visit within the next 30 days, please let me know and I will do the site visit. Please put comments on FileMaker Pro when finished with review. FOFFICE USE ONLY: Date Received Request # 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): 2. Print Owner/Signing Of icial (person legally responsible for the property and its compliance) Name: /AMy KOJEt F&L. Title: QWNCA Street address: I% 'DAI. W M. --M??-?- City, State, Zip: i b)c, 275(3 Telephone: 9.1q_)_320, „ 40&(o -- Fax: ?/ q) Cc5 Ff7R5 -? 3. Contact person who can answer questions about the proposed project: Name: _ A ARo&I ©Ai* Telephone: Fax: L4.tgJ_ LIS1 - 9117 Email: aaRGNDD.kS 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS topographic map indicating the location of the site):. --------- --- 7. Stream to be impacted by the proposed activity: 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)]: _ 8. Which of the follow in 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 Others 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.]: 47)71 i d a o;-- 4 s5,arCd zc .4p 'd -qlJ i?? 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced oC reconfigured to better minimize or eliminate disturbance to the riparian buffers: TfM FX?STi,JC1 ?^FtL` r>?ct,/t I'PRS All n X74 OF ? . [ 0AR, f,,,1r%y_ FAA e_ 417-"11W L),L)= 2 D 7'?'dCr-"?!' Tf/E'?/-'o,eF ,,J?! ralr1N F na' ?,?>i77 Try ?y!?'L''AltlC? T8 TfIE $?>FFE2 ?flc' ??POGhyL?i? Y'r11'?_1ra-?T.d1G??!.?2?.? f«1?G? L!f/'.*L?,C >11i9?J Tf& ZL- coNSrrv?cr? ??'rr,? U? wic4- rHeA-:Fame aN?y EFF'_1rr- Tt&' 140146 -rtlgA) 7fit- fK,S', i vo, -1,7-eve,7"0(6 , Variance Request Form, page 2 Version 2: November 2000 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.): , t? .;.._4C9IYT-;/ tCz) /?J 5 ae-N 'O e'. 7'o AC10 0 _ ?e`V-(_NI_Q_! V_Et. f=_.... _...ft ?W-T/)....g_.... C7/-...W [..TATLs?/? ptzwD 0/7-H L-X e GTirJ vFF4,?:- CvluZy ?T7a c.l,, 4. Please provide an ex0lanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. 7Dr/? To..__AK,'1J77A?J_G'! c4 1'r?1N? ,OAr-c ire gr-PRodrp ' r rho A, To rrtF cprs??? , ?a f (3) If economic hardship is the major consideration, then include a specific explanation of economic hardships and the proportion of the hardship to the entire value of the project. Gv IJTZ!/ 7746 S 4 PAVED R F/,42j73(?? E?trS1 ? - -O,e5 /out:' l t T 7f!',55 u lle-,J _.__.__..... ?.. _._._._..........__. y._...i......... a...v.?...:.....?....wn.r..r.".. 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): __giRpAKe? _- - Mailing address: City, State, Zip: Telephone: ......... ..... . Fax: ................ Email: 06b ... ...................................... Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 . :.. ..._*......... .__..r..r.vx._:..r_. , (2) How these difficulties or hardships result from conditions that are unique to the property involved. , n QI A;? J Vicinity No Scale I uTU?y(- I7?vCL?PM??-? - i ??orJH ToPof 0FW?r- _ _ Z vs- El? I , ,?? t to '4 rJEaPottN I '3 „?s 0 V ? N cz9r e' ? ??? w'?" 4 L i s IGI GIG 4 Fear ?tE 33 3 5 I ? Ii.CS?i _ s o r,4. GovtL'GD ` ? ?DIJ& I I?aCr? }1Q/?• A t 0 I I G : 1 _ V BONE ZINP V I ?z ?" tl ° 33'tiq 4 ?? ry p= !o t - G 4 r ' ??.? ELY I?rz?`,? ?? . 1A G "'1 ] , C? t 711 l 1 •• I I I I l?.oi,??, ?,?I I?>`I.?? ,rArr f!lfrr, ?•, It l''' Uttuk cif 11:IIm. I` vo --P;Igc Ind Deed gook Pg C01111 of LOT SUBDIVISION I HEREIIY cEnTIFY THAT THIS MAP IS con nECT AND THAT THE E3UILOINO FOUND ON S LL T AND THAT THERE ARE NO ENCROACHMENTS ON SAID L !2T E C PT S N TE Sury'd Driwn Chk'd. Job No. 14 131 p t? ? -z3- Z Sc h I''= 30' LEONARD N. SULLIVAN, JR. Property' Of: Land Surveyor GH??LS?? L_• ICJ IFE7t ? 1005 Vickie Drive Cary, North Carolina 27511 ,c?t•l? 6, {Gt?EIr=EI_ Telephone: 919/4694738 ,_J..,or--!"4 -„?f?-