20041787 Ver 1_COMPLETE FILE_20041103

O? WAr?R Michael F. Easley, Governor
e'
P
William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources

-? Alan W. Klimek, P.E. Director
Division of Water Quality
November 30, 2004
DWQ Project # 04-1787
Wake County
Page 1 of 2
Eddie & Joyce Faulkner
110 Fifemoor Court
Cary, NC 27511
Subject Property: 110 Fifemoor Court, Edinborough Pointe, Cary, NC 27511
UT to Swift Creek [03-04-02,27-43-(l), WS-III NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Faulkner:
You have our approval, in accordance with the conditions listed below, to impact approximately 84
square feet (ft2 ) of Zone 2 (only) of the protected buffers to co struct a screen porch at the subject
property as described within your variance request dated November 1, 2004 and received by the Division
of Water Quality (DWQ) on November 3, 2004. This letter shalt 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 and water supply 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 (On-site Restoration / Enhancement) - 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 126 square feet as required under this Minor Variance Approval and
15A NCAC 2B .0233. The DWQ has determined that you may satisfy this mitigation
requirement by planting at least 3 native woody trees or shrubs within the retained portions of the
protected buffers. You must ensure their survival for a period of a least five (5) years. You are
required to replace any of these trees or shrubs that die within this five (5) year period. You are
required to provide proof in writing that the trees have been planted within one year of the date of
this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the
Raleigh Regional Office.
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: hftp://h2o.enr.state.nc.us/ncwetlands
One
Nq
r Carolina
Xturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Eddie & Joyce Faulkner
Page 2 of 2
November 30, 2004
The DWQ will also accept an alternative method of mitigation (including but not limited to
payment into the Riparian Buffer Restoration Fund administered by the N.C. Ecosystem
Enhancement Program) 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 or request to pay into the fund to the DWQ Wetlands/401 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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 asl for and adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask fo? 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 Mr. Bob Zarzecki at [phone] if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
Alan W. Klimek, P.E.
AWKICBK/bz
Enclosures: Certificate of Completion .
cc: Steve Summers, PO Box 1282, Cary, NC 27512 [via FAX [phone]]
Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Steve Summers Construction, Inc.
P.O. Box 1282
Cary, NC 27512
919-859-6418
Room Additions * Remodeling * Stucco Renovations
November 3, 2004
Mr. Bob Zarzecki
N.C. Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Blvd.
Raleigh, NC 27609
04A1 81
Re: Request for Minor Variance of 50' Neuse Riparian Buffer for
Construction of a Screen Porch at
110 Fifemoor Court, Cary, NC 27511
Dear Mr. Zarzecki:
NOV 0 3 2004
CEO R - WATER QUALITY
V?ETLAr CSRt40 STOR1v LATER BRANCH
I have attached the Variance Request Form - for Minor Variances for the construction of
a screen porch at the property referenced above. The existing deck encroaches into the
20' Zone 2 Buffer a distance of 5' and we are proposing to extend a 14' portion of the
deck an additional 6' into this buffer for the construction of the porch.
Mike Moran and Eric Kulz visited the property on Thursday, October 28th and flagged
the edge of bank, 30' Zone 1 buffer, & 20' Zone 2 buffer. The red lines shown on the
attached plans reflect their field measurements.
I meet with Mike Moran and Eric Kulz on Tuesday, November 2nd in their Barrett Drive
office and they indicated that they would recommend approval of this variance request
due to the small area of impact into the 20' Zone 2 buffer (84 sf of new footprint.) They
directed me to submit the Variance Request Form to your office for review and said they
would be in contact with you regarding their recommendations.
Thank you for your consideration of this request. You can reach me on my mobile
number at 291-1031 if you have any questions.
Sincerely,

Steve Summers
s:
?r
I OFFICE USE ONLY: Date Received `°M R AQiZ3W uest # I
1 223 (FN 0
d
State of North Carolina U
t
f??
Department of Environment and Natural Resources 041787
(? U
Division of Water Quality 3 2004
t'r?1 C j r'1vB S Okt "4 3AL Br'rAPJCH
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.
V'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):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Fa?v...t-h . ?.1._E ..._. _.. _._ _..,
Title:
Street address: C.0_0 _112? _
City, State, Zip: G L'? °''t---. r?14-_- ?-"IS ll __
Telephone: ?.. 7 j.
Fax:
3. Contact person who can answer questions about the proposed project:
Name: _._.s,_-T E „1 %1 Ea_-0n_!5?__.___ .._...__.?_.._.._._.__._._....._._... _._...
Telephone:
Fax:
Email: ......
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: Ll.(a _F1F_?........ o_a- .....G_V.._?..._....._.
_............ City, State, Zip: ........... C-aY-._ l 11..__. _
County: ..._. W t% k- E_.._..._
.... _.... ....._ .....
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 '/2 x 11 copy of the USGS
topographic map indicating the location of the site):
b.._ L........__...._E_5..._! ....................1.-....Y.r...__....?CQ *1.__.._.._c.A.._I*L-`i T..._.....o_ 10
Loc.*..wA..E -fit .._D.?-? ?f E i_.....? T_l0,.1...... _V-.1_k-x_ *7r,
O wS _ iM Pr LT.1.14N!? l_.RL 6..l.T Q.N.L. ° t.n_bdf Ua_V ibt-"[
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)] 6 .._.0..._3.1 S __,_...
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
. . . . . . . . . . . . . . ..............
5....... ...............
On-site Wastewater Permit APPf o., A
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
.......... ._.__. Others (specify) IBM X%. b_j_N b _ .... ..........
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.]: ?
n!J S T 0-X3 L C_ c o v ±? P o -_s,?-_ I r? 'Z o U 2
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:
'T?fK _? ? {._ e v _ t .S _ eCt l `E ?L .ce -.__.d `? L.e . _ p ?r+ +??-` -? 0-Vk
'1"?^ .._? o.v_ c?_cn? _..o-? ?r_? e _ .._ _._ .c?c -? e.?<ti? _ ___ S `. _? •. -? o ? t e eY i
._ des.,?t- ? ? _1.?-? ? 4,?. _??,,,..a?? =-'? ?_ __ _ c_??- _o?.k-,c,.?.. p u-F s ? d c ? ?„2, _ ? ?-e ?--
__?S_ ct___ Co_.rty ed
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.):
Yo o
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
..... Go ..? S`?-5r u c. ... os acs_;._,e1 a. __._.?? ?e Z. T? _ _ `' ` p t ""1
??--
1?.0. Y.L?-e ?'Jau'J SC
(2) How these difficulties or hardships result from conditions that are `unique to the property
involved.
... .*.T. . S . ?!..s .......lA
ru a u t _ . L.-'& I L L o_ 1 at-c 1' 1-+
(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 oft project.
!J_ e t Qt.. .. ..fie
3 e ..1. .5 r v ?-l_? C _ p ...,? .. w ?-?i? e... .. a by -><?..? b? c.. ,
'r\.e r to, L. r%--- t L,ow J S 1.. o J L t_ ¢a J_ ..l ?}o `F4- - .._.
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: (?,.,aro
_..._....._
City, State, Zip: C?. y...
Telephone: 42-491., ,..
............................
5..... F_Ve...._._SJ...r'•.)f'._S............

Fax: `3.5... __ ..._ `(....1._$ __.... _ _
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

k ,
(print or type name of person
I, ............ ....... ?.......0.. C._4 .. _ .._.G c?... - .4t_ r r?..._... .. ..-
listed in Part I, Item 2),tify 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:'
Variance Request Form, page 4
Version 2: November 2000

VblMly "
No SaN
??. Y• zoo/?7 ??J.
6 M'?i 3c) Pet 541L cfl:f:v-tz
\ ? alga v!S
S ? ?. .0 7pdc?e °?,
N - 1 04 ?-
? 1 m
T?
Z5
v, a !t1
NO
? o
?D?ZH CARpu '? ?N
??G1Stf9?o?9 %0
1-2821 5 ie• ?z' .48" P 37.zv
??o yD oQ Q
y'?9 SUR?` P
IN. s10i ??E-?loac?
c??e?' 6c ¢/w
TopoZone - The Web's Topographic Map, and more!
Page 1 of 1
,,?,?__ `_ ?5 Take this map
0 ozone, F
i
Map/Photo Info UTM 17 702642E 3955551N (WGS84/NAD83)
USGS Apex Quad
Topo Download View TopoZone Pro aerial photos, shaded relief, street maps, interactive cc
Photo Download and elevation data
USGS Topo Maps
0 1:24K/25K Series
r 1:100K Series
r 1:250K Series
Map Size
r Small
r Medium
r Large
View Scale
11: 24,000
Update Map
Coordinate Format
UTM
Coordinate Datum
WGS84/NAD83
F Show target
Email this map
Bookmark this map
Print this map

0 0.2 0.4 0.6 0.8 1 km
0 0.1 0.2 0.3 0.4 0.5 ini
TopoZone.com © 1999-2004 Maps a la carte, Inc. - All rights reserved.
Use of this site is governed by our Conditions and Terms of Use. We care about your privacy - please read our Privacy Stz
http://topozone.com/map.asp?lat=35.7231 &lon=-78.7596&datum=nad83 11/1/2004