20051483 Ver 1_Complete File_20050803

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PROGRAM
RECEIPT
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SEP 2 7 2005
DENR - WATER QUALITY
15'fTIA 0 RM STMAWATER BWWCH
September 19, 2005
DWQ #: 05-1483
COE #: N/A
Dennis R. Blackmon, RLS
P.O. Box 1401
Smithfield, NC 27577
Project: Laura Mark Subdivision, Lot 19
County: Johnston
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $194.40, check
number 9820, 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 0 202.5
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from the permitting agencies stating that the permit and/or authorization have been rescinded.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 [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Jean Manuele, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
2nc ' ercly,
iam D. Gilmore, PE
Director
2zutorlptg... ... Protect oar Statt&
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
?0F W ATEgQ Michael F. Easley, Governor
-? ?i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O -? Alan W. Klimek, P.E. Director
Division of Water Quality
September 12, 2005
DWQ Project # 20051483
Johnston County
Page 1 of 3
Dennis Blackmon, Registered Land Surveyor
Attn: Andrew Hodge, Land Development Consultant
1023 C West Market Street
Smithfield, North Carolina 27577
Subject Property: Lot 19, Laura Mark Subdivision, Pine Level, NC
Quicosin Swamp [03-04-02, 27-50-2, C NSW (nutrient sensitive)]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Hodge:
You have our approval, in accordance with the conditions listed below, to impact approximately
135 square feet (ft2) of Zone 2 of the protected buffers to construct a wooden deck and steps,
after-the-fact, at the subject property as described within your variance request dated August 1,
2005 and received by the Division of Water Quality (DWQ) on August 3, 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.
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: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
oa
N Carolina
Nturallil
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Dennis Blackman
Page 2 of 3
9/12/05
2. Buffer Mitigation (EEP)
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 203
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(10). 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 [phone] 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
203 ft2 of required riparian buffer mitigation for impacts to 135 ft2 of protected
riparian buffers; 03-04-02, 27-50-2 river and stream index."
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impact. These mechanisms shall
be put in place within 60 days of the date of this Minor Variance Approval. A sample
deed notification can be downloaded from the 401 [Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
4. 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). This shall be
accomplished by all the stormwater from the rear of the residence being collected by rain
gutter and channeled out of the 50 foot restricted buffer. A grassed berm will be
constructed to provide diffuse flow back through the buffer.
5. 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.
Dennis Blackman
Page 3 of 3
9/12/05
6. Nutrient Removal
To enhance the nutrient removal function of the non-forested riparian buffer area, 8
native trees are to be planted along the subject feature on the backside of the property
(south-western property boundary).
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 [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
? A4
Alan W. Klimek, P.E.
AWK/dae
Enclosures: Site plan
EEP Notification
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Steve Mitchell-1813 Lancaster Dr., Garner, NC 27529
20051483Lotl 9LauraMarkSD(Johnston)MiV
OF W ATF9Q Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B .0242, Dennis Blackmon, Registered Land Surveyor has permission as
outlined below to impact protected Riparian Buffers for the purpose(s) of constructing the wooden deck
and steps in Johnston County. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached certification transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE:
LOCATION:
DWQ PROJECT NO:
COUNTY
BASIN/ STREAM INDEX
September 12, 2005
Lot 19, Laura Mark Subdivision
20051483
Johnston
03-04-02/27-50-2
As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts through
the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact
or degrade the waters of the state.
Impacts:
135 Square feet of Riparian Buffers
Mitigation:
203 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet http://h2o, enr.state.nc.us/ncvvetlands
None Carolina
Naturally
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LOT 19
REF: PB 64, PG. 287
REF: DB 1997, PG. 562
DRAWN BY- JCH DATE., 07122105
US'OP RIPARIAN BUFFER IMPACT
PINE LEVEL
THIS +ILAP WAS PREPARED FROM DATA PRENOUSLY RECORDED. AS NOTED AND FROM OTHER SOURCES FURNISHED BY
s
THE OWNER AND IS PRELIMINARY IN NATURE IT IS INTENDED TO BE USED FOR PLANNING ONLY AND IN NO WAY
??? REPRESENTS A SURVEY MADE BY THIS COMPANY. THIS MAP IS NOT FOR RECORDATION, CONVEYANCE OR SALES.
?o O
PROPERTY OF.
Lora I9 DENNIS RAY BLACMfON, RLS
LOCATION: PINE LEVEL JOHNSTON COUNTY, NO Lnd Surr yi g - Lad D."]opment C.-IL?nt - Ate In
VICINITY MAP ADDRESS: ANDREW DLVD PP
Nor Tosce£ 1023C HEST MARKET STREET - P. 0. ROX 1401
SMITRF7ELD, NC 27577 PRONE. 93I-3480
Variance Triage Sheet
DATE: 8/10105
PROJECT NAME: Laura Mark SID, lot 19
DWQ #: 2005-1483
COUNTY: Johnston
TO: Mike Horan, Raleigh Regional Office
FROM: Debbie Edwards TELEPHONE: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
El "General" Major Variance
Minor Variance
COMMENTS: Mike, this is one of the sites that Steve Mitchell, you
and myself were going to visit on July 22, 2005. You couldn't make it
and wanted me to handle, I went to the site and I am OK with issuing
the After-the-fact variance. I am sending you this as an FYI.
OFFICE USE ONLY: Date Received Request #
2005 1 483
State of North Carolina
Department of Environment and Natural Resources I
Division of Water Quality A U G 3 2005
Variance Request Form - for Mino` Variances}{
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe 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): _Dennis
Blackmon, Registered Land Surveyor
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -Andrew Hodge
Title: -Land Development Consultant
Street address: _1023 C West l"Jarket Street
City, State, Zip: Smithfield, North Carolina 27577
Telephone: (f31 `3 )_ _934-3490
Fax: (919 ) -_934-1624
3. Contact person who can answer questions about the proposed project:
Name: -Steve Mitchell
Telephone: ( 919) 550-9055
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.):
nn , e Lot?31_aura %lark Subdivision, Wilders Tmvnship

Version 2: November 2002
11 ?
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
Lot 19 Laura Marl: Subdivison
-Pine Level, N.C.
Johnston
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):
-Peden Road south from Pine Level, left on Jill Blvd, right on Knollwood. House straight
ahead at intersection with Daylon Dr. to left/Andrew Blvd to right.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Quincosin Swamr)
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) C NSW
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
Others (specify)
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 ft2.]: -House constructed with 't5t4+/- Square feet in Zone 2 of
buffer /3S
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:
-House is occupied
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.):
-All stormwater from the rear of the residence will be collected by rain gutter and channeled
out of the 50 foot restricted buffer. A grassed berm will be constructed to provide sheet flow
Variance Request Form, page 2
Version 2: November 2000
back through the buffer. Payment will be made to the riparian buffer restoration program for
135 square feet at X0.96 per square foot times the multiplier for Zone II impact (1.5) totaling
x194.40. The home owner vjill be required to abide by a restricted conservation easement
that %vill prevent future encroachment into the buffer. In addition, eight native trees will be
planted along the subject feature to further enhance the removal capacity of the buffer.
3. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. _The occupied residence would have to be relocated.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The stream was incorrectly identified as an agricultural ditch._
(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.
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, -Andrew Hodge (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:c
Title: c t ??
:G
Variance Request Form, page 3
Version 2: November 2000
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Division of Water Quality 0
;?i?i :?a!;1.11Y
Variance Request Form - for Minor Variables
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe 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 0213.0259)
? 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): _Dennis
Blackmon, Registered Land Surveyor
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -Andrew Hodge
Title: -Land Development Consultant
Street address: _1023 C West Market Street
City, State, Zip: Smithfield, North Carolina 27577
Telephone: (919 )_ _934-3490
Fax: 919 ) -_934-1624
3. Contact person who can answer questions about the proposed project:
Name: -Steve Mitchell
Telephone: T919) 550-9055
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.):
Lot :?SLaura Mark Subdivision, Wilders Township
Iq
Version 2: November 2002
5. Project Location:
Street address: Lot 111 Laura Mark Subdivison
City, State, Zip: -Pine Level, N.C.
County: -Johnston
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
-Peden Road south from Pine Level, left on Jill Blvd, right on Knollwood. House straight
ahead at intersection with Daylon Dr. to left/Andrew Blvd to right.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Quincosin Swamb
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) C NSW
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
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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.]: -House constructed with tt4+/- Square feet in Zone 2 of
buffer 13S
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:
-House is occupied
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.):
-All stormwater from the rear of the residence will be collected by rain gutter and channeled
out of the 50 foot restricted buffer. A grassed berm will be constructed to provide sheet flow
Variance Request Form, page 2
Version 2: November 2000
back through the buffer. Payment will be made to the riparian buffer restoration program for
135 square feet at $0.96 per square foot times the multiplier for Zone II impact (1.5) totaling
$194.40. The home owner will be required to abide by a restricted conservation easement
that will prevent future encroachment into the buffer. In addition, eight native trees will be
planted along the subject feature to further enhance the removal capacity of the buffer.
3. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. -The occupied residence would have to be relocated.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The stream was incorrectly identified as an agricultural ditch._
(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.
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, -Andrew Hodge (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:
a
-4 C+ e-
Variance Request Form, page 3
Version 2: November 2000
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LAURA-MARK SUBDIVISION
LOT 19
REF: PB 64, PG. 287
REF: DB 1997, PG. 562
DRAWN BY- JCH DATE- 07122105
?S 10P RIPARIAN BUFFER IMPACT
PINE LEVEL
THIS MAP WAS PREPARED FROM A4TA PREVIOUSLY RECORDED. AS NOTED, AND FROM 07HER SOURCES FURNISHED BY
tP? S',p THE OWNER AND IS PRELlM1NARY IN NATURE. IT 1S INTENDED TO BE USED FOR PLANNING ONLY AND IN NO WAY
a %Z), JO REPRESENTS A SURVEY A44DE BY THIS COMPANY. THIS M4P IS NOT FOR RELORDA77ON, CONVEYANCE; OR SOLES.
ITE PROPERTY DF• LOT. 78 DENNIS RAY BLACKWN
RLS
VICINITY MAP ADDRESS, P/ANDREW &VV gSTOy COUNTY NC pment Coneultm tt - Yoppint
Lnd Stu?erinX - Lnd Derclo
NOT TO SCALE f 023C HEST MARKET STREET - P. 0. BOX 1401
SMITITi7 D NC 27577 PlIONE.• V34-3480