20011042 Ver 1_COMPLETE FILE_20010705

o?0? WA r?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Page 1 of 2
August 8, 2001
DWQ # 01-1042
Wake County
Signature Homes, Inc.
attn: Mr. Louie Leuert, President
511Normandie Street
Cary, NC 27511
RE: Lot # 342, Cambridge Subdivision, 312 Hassellwood Drive, Cary, Wake County, NC
Unnamed tributary stream to Regency Park Lake (Swift Creek) [03-04-02, 27-43-2.5, WS-III NSW]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] with
ADDITIONAL CONDITIONS
Dear Mr. Leuert,
You have our approval, in accordance with the conditions listed below, to impact ± 286 ft2 of Zone 2 of the protected buffers
to construct the proposed home as described within your variance request dated July 5, 2001. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .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.
This approval is only valid for the purpose and design that you described in your Minor Variance Request dated 7/5/01 and
Plot Plan dated 7/2/01w/ revisions dated 7/5/01. 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 (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the
protected riparian buffers.
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers as
identified within 15A NCAC 2B .0233(5). Roof drainage from the home shall be directed to vegetated areas at non-
erosive velocities prior to entering the protected riparian buffers.
3. Any additional stormwater located on the remainder of the property shall be directed as diffuse flow at non-erosive
velocities prior to entering the protected riparian buffers. No new ditching or piping of stormwater through the
protected buffers is allowed.
4. Deed notifications (see attached sample deed notification) or similar mechanisms shall be placed on all retained
buffers in order to assure compliance for future buffer impact. These mechanisms shall be put in place prior to
impacting buffers approved for impact under this variance approval.
5. The Zone 1 buffer boundary shall be clearly marked by orange fabric fencing prior to any land disturbing activities
to ensure compliance with this approval and 15A NCAC 2B .0233.
6. A mitigation plan to compensate for impacts to the protected riparian buffer must be approved by this office prior to
construction. The required amount of mitigation for the Zone 2 impacts is 429 ft2 per the mitigation ratio as
identified within 15A NCAC 2B .0242.
7. If restoration or enhancement or donation of property per 15A NCAC 2B .0242 is not an option, another suitable
method to meet this mitigation requirement is to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Wetlands Restoration Program (WRP). In accordance with 15A NCAC 2B .0242(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10) and (7)(C).
Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program), buffer
impacts shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions
concerning payment into the WRP. You have one month from the date of this approval to make this payment. For
accounting purposes, this Certification authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 429 ft2 of required riparian buffer mitigation for impacts to 286 ft2 of protected riparian
buffers; 03-04-02 river and subbasin."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
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, PO Box 27447, Raleigh, N.C. 27611-7447. This approval
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.
Attachment: WRP Notification Form
Sample Deed Notification
Cc: Steve Mitchell, DWQ Raleigh Regional Office
Ron Ferrell, Wetlands Restoration Program
File Copy
Central Files
011042
AT ?9QG
t? 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
. MINOR VARIANCE APPROVAL -
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0233, Signature Homes, Inc. has permission as outlined below and within the
Minor Variance Approval for the purpose(s) of constructing the proposed residential home. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Minor Variance Approval. THIS
MINOR VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Project No. 011042
LOCATION: RALEIGH
COUNTY: WAKE
BASIN/S U B BA S I N: 03-04-02
As required by 15A NCAC 26.0233 and the conditions of Minor Variance Approval, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and/or buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
0.0 acres of Class WL wetlands
0.0 acres of riparian wetland
0.0 acres of non-riparian wetland
0 linear feet of stream channel
429 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A
NCAC 26 .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WRP.
Signature
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
?O? WAT?Rp Michael F. Easley
?O G Governor
r William G. Ross, Jr., Secretary
O Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
COMPLIANCE WITH RIPARIAN BUFFER PROTECTION REGULATIONS
AND MITIGATION CONDITIONS
In accordance with Title 15 NCAC 2B.0233 or.0259 the following DEED NOTIFICATION shall be recorded in the
County Registry prior to the conveyance of lots. Said Deed Notification shall apply to (name of subdivision), lot numbers
in County, North Carolina as shown on plans titled (subdivision name) prepared by (name of designer) dated
date:
"The areas shown on the recorded plat (identify) as Riparian Buffer Protection Areas shall be maintained in perpetuity
in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform any other land
disturbing activities; nor cut, remove, or harm any vegetation; nor construct any structures or add any additional
impervious surfaces, nor allow animal grading or watering or any other agricultural use on such protected areas
without written authorization from the Division of Water Quality (DWQ) or compliance with the Riparian Buffer
Protection Rules (15A NCAC 26 .0233 or .0259). This covenant is intended to ensure continued compliance with
authorizations issued by the State of North Carolina, Division of Water Quality, DWQ Project Number , and
therefore may be enforced by the State of North Carolina. This covenant is to run with the land, and shall be binding
on the Owner, and all parties claiming under it."
Owner's Name
Owner's Signature
Address:
City, state, zip:
Phone Number: (
STATE OF NORTH CAROLINA
COUNTY
I, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared
before me this day and executed by above
certification.
Witness my hand and notarial seal, this
day of , 20_
(Notary public)
My commission expires
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
OFFICE USE ONLY: Date Received Request #
State of North Carolina + +t _'_ ??
Department of Environment and Natural Resources
Division of Water Quality ,! +? _
J
Variance Request Form - for Minor !l r aa?c-es-
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as an original
Please identify which Riparian Area Protection Rule applies.
yO 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):
2.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address:
City, State, Zip:
Telephone: (ok%ck lvlao. als'A`1
Fax: (Ckkou-.a1-9 3. Contact person who can answer questions about the proposed project:
Name: N_C..y , P \_ r.?c_c
Telephone: (gt)
Fax: R? ) L L.,?N L toy
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plate specifications, letters, operation and maintenance agreements, etc.)
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
Latitude/longitude:
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 he site): 3
_KL-T W114,
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 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 fe.]:
I c-, . . --Z- A . ?? ?? \ C1 C1r1\ .r7 rV h\ .
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:
r
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 enhUcement of existing vegetation, etc.): w

Variance Request Form, page 2
Version 1: February 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
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, \nLV gR r?`? 2? (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: x
Variance Request Form-, p
Version 1: February 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
.,, -h-A
(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.
Date: , ?oU 1
Title:
Variance Request Form, page 4
Version 1: February 2000
G Staley G S>nlth , do hereby certify that th/s Notes:
' plat was drown under my super»f$/al bnm an actual (o) The property shown hereon Is subject to al/
survey mode under my superw'sion using references shown restrictions and easements of record affect/-
hereon, that the boundaries not surve}od are shown as Ing some.
broken An" plotted flan Information shown hereon; that (b) No title search has been performed by th/s
the ratio of pint/s/oIgo calculated by latitudes and 0rm during the course of lh/s survey.
prepared d /tur hn Is
accordance f:ordance with a 5 47-thatJO as this plot amended. (J was a This surve)w does not certify to the exist-
Witness my original signature, registration number and once or non-existence of any underground
sea/ this doy of A. D., 2001. utAlt/es that may or may not be present on
this site.
L-3766
Sbrveycv Reg/strot/an Number
fits survey Is of an ex/sting building or other structure, or
natural lbatunt such as a waterroursa
Surveyw Dots
M MTY MAP
SHOWN HEREON IS ALL or LOr No. 342 OF cAMBR/OCE
SUSDI MMV,, PHASE 9-S£CAOV 3 ... ' SUBDI NSJOV
RECORDED IN BOOK OF MAPS 2001 PAID' 824, WAKE COUNTY
W93YY ADDRESS 311 HASSELLWt)00 DR/lam
GAR CAROLINA POWER & LIGHT
Y, NORTH CAROLINA
ALL DISTANCES SHOWN HER£OV ARE HORIZONTAL GROUND DEED BOOK 2259 PAGE 718
M£ASUREUDVIS PIN 0751.07-58-8829
AREA BY THE D.M.D. METHOD MINIMUM BUILDING SETBACKS
FRoNT 20
I REAR 25'
SIDE 10'
CORNER SIDE 18'
BUFFER 10'
W
Imo
VQ
tZ3 co
?o
a?
1785'
EcavlRa
CORNER , ?m VP
/ m
344
"CAMBRIDGE SUB.A.. "
RECOMBINA RON
2 / .1 B.M, 2001, PG. 824
NOTE
PERPENDICULAR DISTANCE FROM
END Or DECK TO EDGE OF RIPARIAN / E/P
I BUFFER IS k 19.0' mca
A?LV= Ma
?.V• err , V (345
? V
.00. CJ 10,
'a, i o tih "CAMBRIDGE SUB.A. "
B.M. 1998, PG. 673
84.82' y ?? S.067817' E
QP
• ? ? ? ? J -..., ) S? 1476 OJ.' W ?+: ?
OB 'd ElP r' . 9.07'
R-62" 97' 'r
EP
/ •.-, ri, 'c? Pal
1341 '? y F?;, 'shy
-I
C '
I "CAMBRIDGE SUB.A..
BM. 1998, PG. 673 O
Q h
LOT 342
1 r 42,352 SQ. FT.
PROPOSED IMPERVIOUS AREA = 2,658 SO. FT.
REY4510N IS t I ,, •'r?t .C) 1 .
,.,L:JU4Y'4:,2001;, ROrAT£_PRO°OSED DffnUNG COUNTERCLOCKWISE
SE£ ZIP DIW 2001 SSAL tr - a _?' Uc •_il'',;;? j ,, PLOr PLAN fvR
LEGEND
-O - Existing Iron Pipe '• ,?r?T,? H OATS
SUM= = lll[®A'LlL:0.i'
IPS -O - Iron Pipe Set
MP -O- Mothemot/col Polnt Only R7;W.C+r CARY, CARY r0J,'N- 6'P, MAKE COMM NC
QS -0 - Existing Iron Stake
C - - Centerline
PKS -O - Parker-Ko/on No/i Set
Smith and Smith DAr"
"`Y z"
ERR -0 - Existing Raiirood Spike SCALE I.- Co.
RRS -O - Railroad Spike Set
EPK -0 - Existing Porker-Ka/on Nall Set ZONS surveyors
DRAWN BY PRP
RI)Y - - Right Of Way TAX PAR= p a car Ib I P.a car A77
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Plt
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4"
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Name: APEX
Date: 8/6/101
Scale: 1 inch equals 2000 feet
11
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Location: 035' 42'57.7" N 078' 48' 16.1 W
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