20000466 Ver 1_COMPLETE FILE_20000331

Division of Water Qua City
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North Carolina Department of Environment and Natural Resources
PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
JP REALTY IV, LLC
John Politis, President
5533 Windrift Lane
Boca Raton, FL 33433
Cc: ENVIROTEK, Inc.
Ed Sconfienza
1111 Oberlin Road
Raleigh, NC 27605
RE: Lenox Place at Garners Station
/ • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 10, 2000
DWQ # 00-0466
Wake County
Page 1 of 2
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC
2B.0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Politis,
You have our approval, in accordance with the conditions listed below, to impact 840 ft2 (140
ft2 of permanent impacts and 700 ft2 of temporary impacts) of Zone 2 of the protected riparian
buffers for the purpose of constructing the proposed stormwater retention out-fall structure within the
proposed Lenox Place at Garner's Station residential community in Garner, Wake County, NC. This
letter shall act as.your Minor Variance approval as described within 15A NCAC 26.0233(9)(b). In.
addition, you should get any other required federal, state or local permits before you proceed with
your project including (but not limited to) Sediment and Erosion Control and Water Supply
Watershed regulations.
This approval is only valid for the purpose and design that you described in your Minor
Variance Request dated 3/31/00 and Grading and Storm Drainage Plan (Site 201 and 202) revised
3/30/00 except as modified below. If you change your project, you must notify us and you may be
required to send us a new request for approval. If the property is sold, the new owner must be given
a copy of this approval and is thereby responsible for complying with all conditions. For this approval
to be valid, you must follow the conditions listed below.
1. No impacts shall occur to Zone 1 of the protected riparian buffers.
2. The 700 ft2 of temporary impacts as described within your request shall be re-
vegetated with herbaceous vegetation immediately after construction and with at
least 2 native hardwood tree species (3 to 5 gallon potted plants) planted at a
density of 320 trees per acre within one growing season after completion of
construction.
3. Stormwater discharge from the rip-rap dissipater shall be at non-erosive velocities
prior to entering Zone 1 and the retained portions of Zone 2 of the protected buffers.
4. Any additional stormwater located on the remainder of the property shall be directed
to sheet-flow at non-erosive velocities through the protected riparian buffers.
5. Deed notifications or similar mechanisms shall be placed on the property for
remaining jurisdictional wetlands and waters or areas within 50 feet of all streams
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Page 2 of 2
and ponds to notify the state in order to assure compliance for future wetland and/or
water impact. These mechanisms shall be put in place within 30 days of the date of
this letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, 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, PO Box 27447, Raleigh, N.C. 27611-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
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 Bob Zarzecki at 919-733-
9726 if you have any questions or require copies of our rules or procedural materials.
Stevens
Cc: Steve Mitchell, 13hleith Regional Offid"e
Todd Tugwell, US Army Corps of Engineers, Raleigh Regulatory Field Office
File Copy
;Central Files
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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31 Mar 2000
Page 1 of 1
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? Mr. Bob Zarzecki
• Water Quality Section t{?54? 4
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LO Division of Water Quality y
DEHNR
m 3800 Barrett Drive "J
01 Raleigh, NC 27609 ? A?WETkA ? IM
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RE: Request for Minor Variance for Lenox Place Apartments, Garner, NC
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Dear Mr. Zarzecki,
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`° Please find attached the executed application for request for Minor Variance for the
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above-mentioned project and three (3) sets of plans for your consideration.
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s Per our meeting yesterday, we have relocated the discharge point for Retention Pond "B"
to a location within Zone 2 of the Neuse River Buffer. We have also oversized the riprap
dissipater at the discharge point to compensate for any washout that may occur in the
large stream channel due to heavy periods of precipitation. This dissipater is also located
in zone 2.
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I have forwarded these same plan revisions to Mr. Jake Taylor of Wake County Soil and
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Erosion Control (856-7548) and informed him that we had met and found a solution that
complies with the Riparian Buffer rules. He informed me that if the minor variance was
accepted, a copy of the approval letter could be faxed to him at 856-5855. We appreciate
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your consideration in this matter.
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Please feel free to call me with any questions or comments.
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'[,OFFICE USE ONLY: Date Received Request
State of North Carolina y
Department of Environment and Natural Resources N _.
Division of Water Quality I d
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Variance Request Form - for Minor Vary r
!ATERUALITY AQMSECTION
- --
Protection and Maintenance of Riparian Areas Rules "
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
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):
Apartment Realty Group
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: John Politis, President
Title: JP Realty IV, L?,C
Street address: 5 5 3 3 Windri f t Lane
City, State, Zip: Boca Raton, FL 33433
Telephone: [phone]
Fax: 71-r) _3D-4-
3. Contact person who can Sconf questions about Eevprropotekpro' of
Name:
Telephone: l g _
Fax: ?_) -
Email: Pfs@PnvirntPk_r_nm
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lenox dace at Garner's Station
5. Project Location:
Street address: South of Garner's Station Blvd. _at_Junction Blvd.
City, State, Zip: _Garner, NC
County: Wake
Latitude/longitude: 35 `? 2G N 8 3g. 1-6 W
Version 1: February 2000
6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topographic map indicating the location of the site):
From Site Travel East On Garner's Station Blvd. Approximately
1/4 mlle to uJ 4uj-
(USGS map-Attached)
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
... ----------
UT to Swift
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse) or .0316 (Tar-Pamlico)]: WS III NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
X
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) Erosion Control (Wake Co. )
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.]:
-1n.s.t..a1.1.......o.u.t........f.a.11__-f.r..om.......s.t .rmw_ate n re_ten-ti
20 feet of buffer Tmna is inrlude 140 S F nermanentTmnart
.__a_rea___1r.i.p.r.ap...._.dis-sa.p.a_tor_.1_..._ancL7-0-0-S F m on rary_ impart area
(pipe installation and maintenance corridor)
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:
Installation of wet retention basin must be located at low-
portion of prope_rty,..... .Property co_nfic1uration does___no,t_..,.allow-
construction at higher elevation Proximity of pond to buffer.
necessitates installation of out.-fall. in 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:
No trees within the buffer will be removed as a result of
propose activity. Discharge into outter u er is treate
........... .... ........ ._._..r---....------
storm water (wet retention pons . Area distur e whin e
u er wi be re-vegetate.
Variance Request Form, page 2
Version 1: February 2000
Mar-31-77 VY Vlr
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a- Please provide an explanation of the following.
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Not allowing the discharge from the wet pond within the
buffer would eliminate the ins*tallatiori•of the pon"d'in the
proposed location an _ render portions o the site unusa e.
(2) How these difficulties or hardships result from conditlons that are unique to the property
involved"
The property configuration and topography limit the physical
location o the we retention pon a propose location.
Coiz§egiien Ty, Ehe i sil>arge point heeds"-to ?e in the Neua-e-
u er area.
(3) It economic hardship is the major consideration, then Include a specific explanation of the
9 oAnomic 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): Ed _Sconfien2a. Envirotek, Inc.
Mailing address: 1111 Oberlin Road_
City, State, Zip: saleicrh, NC 276Q5
Telephone: [phone]
Fax: [phone]
Email; of s2envirotek. com
Part 5: Applicant's Certification
John Poli.tis (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 Pars 5 of this form wil(be recorded with all required permit
conditions.
Signature: - - --- - P--iV7" _?._ P./?E?-Tys-«r_._
Date: Z! - _ ---- ---- ?..?--- -- -- -- - - ----
variance Requesr Form, page
Version 1: February 2000
ZO/Zo*d SSZZ 628 6T6 ?NI `A3_LO8Tr,N:1 Cdc-Cr ruara;?-_
Title:
Lenox Place Apartments at Garner's Station
Variance Request Form, page 4
Version 1: February 2000
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