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HomeMy WebLinkAbout20020026 Ver 1_COMPLETE FILE_20010127Ecosywm r111;J PROGRAM F4@[90W111 OCT 1 1 2005 October 4, 2005 WETIANDs Arlo WATER QUALITY BRANCH TO: Cyndi Karoly and Eric Kulz FROM: Carol Shaw SUBJECT: DWQ# 02-0026 Falls River Subdivision Attached are copies of the 401 certification, invoice and our request for status memo. We have attempted to collect for this overdue invoice, the request has been returned to us because of a bad address. Please investigate:; first find out if the project was completed and payment must be made, second send us a good mailing for the permit tee. If you have any questions, give me a call at 733-5205. Thank you for your help, KutvrAG 9... E ... Protects' OW stag e?? NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net J wstein IN LIEU FEE PAYMENT STATUS DATE: - 16- 2005-- TO: ?ceo lo`, ?Q,? l?s+-rr - a,? ?as?'?r t u-dck e r s 11'3-C WQt A WL"%AS (VJaJ !Y tc...l C"q NC 2?S l l FROM: In Lieu Fee Coordinator, NCEEP D! -# 'a L so w pomwim P OCT 1 1 2005 DENR - WATER QUALITY WETLANDS.AND STORMWATER BRANCH CC, PROJECT: r &tLS Rw y ?wgAty is vov\ DWQ#: - 02-ooZ (o USACE Action ID: n (a-- A review of our files and those of the Wetland Restoration Program indicates that you were mailed an invoice for on to pay for impacts associated with the subject project. To date, according to our records, no payment has been received. Please take one of the following actions in the next 30 days, since failure to pay might constitute a violation of conditions in the permits you obtained from the permitting agencies. 1. Notify us if the project was never implemented (letters from DWQ and/or USACE acknowledging project status must accompany your response); 2. Mail a check in the amount indicated, payable to "ECOSYSTEM ENHANCEMENT PROGRAM" to the address at the bottom of this page; or 3. Furnish proof (cancelled check) that payment was made; or 4. Request more details (by mail or by fax - see contact information below) Thank you for your attention to this request. Please enclose a copy of this letter with your response. NC Ecosytem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Tel: 919-733-5205 (Carol Shaw); Fax: 919-715-2219 0F W AT?9Q Michael F. Easley, Governor nill `i William G. Ross Jr., Secretary 01 North Carolina Department of Environment and Natural Resources 5 Gregory J. Thorpe, Ph.D. p -? Acting Director Division of Water Quality INVOICE February 22, 2002 Mr. Anthony Piccola Parker-Lancaster Builders 113-C Woodwinds Industrial Court Cary, North Carolina 27511 You have chosen to satisfy the compensatory mitigation requirements of the 401 Water Quality certification issued for DWQ Project #020026 through payment of a fee to the North Carolina Wetlands Restoration Fund. In accordance with 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment for wetlands is calculated in increments of 0.25 acres): Riparian Buffers 633 square feet of buffers TOTAL OF PAYMENT X $.96 = $ 607.68 $ 607.68 Please mail a check in the amount of $ 607.68 made payable to: NCDENR/DWQ/Riparian Buffer Fund to the address below. If you have any questions concerning this payment, please contact Ron Ferrell at (919) 733-5219. NCDENR - Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, North Carolina 27699-1.619 PAYMENTS ARE NON-REFUNDABLE PLEASE NOTE, YOU MUST RECEIVE NOTIFICATION FROM THE WETLANDS RESTORATION PROGRAM THAT YOUR PAYMENT HAS BEEN RECEIVED PRIOR TO CONDUCTING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Customer Service 320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 623-7748 of w H rFR Q Michael F. Easley. .0 G Governor b.ux. r William G. Ross, Jr., Secretary O Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Page 1 of 2 January 8, 2002 DWQ Project N 02-0026 Wake County Page 1 of 2 Parker-Lancaster Builders C/o: Mr. Anthony Piccola, Division Manager 113C Woodwinds Industrial Court Cary, NC 27511 L? 2002 Subject Properties: Neuse Riser Riparian Buffer - blinor,Variance Request ?Eg 19 Falls River Subdivision, Phase 3, Lots 694-697, S 1928, 1929 and 1925 Wescott Drive. Raleigh, Wake County, NC NC W??1Aj Unnamed Tributary Stream (locally know as Abbott's Creek) to Neuse River RES[Q , [03-04-02; 27-(20.7); C \SW (Nutrient Sensitive Water)] APPROVAL of Neuse River Riparian Buffer Protection Rules NELN- OR VARIANCE (15A NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS Dear Mr. Piccola, You have our approval, in accords u-ith the conditions listed below, to impact approximately 422 ft' of Zone 2 of the protected buffers to construct the proLcsed homes on the subject properties as described within your minor variance request dated December 5, 2001 and received by tl-,e Division of Water Quality (DWQ) on December 7, 2001. This letter shall act as your Minor Variance approval as descrflmd %k ithin 15A _N-CAC 2B .0233(9)(b). In addition, you should obtain or otherwise comply with arty other required federal- state or local permits before you proceed with your project including (but not limited to) Sediment and Fsosion Ccawol. This approval is only valid for the prpase and design that you described in your Minor Variance Request dated 12/05/01. If you change your project, you tmst notifi us and you may be required to send us a new request for approval. If the property is sold, the new owmer mmz be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must foilow the conditions listed below. Conditions: - 1. No impacts (except for "exempt" Usk 2s identified u ithin 15A NCAC 2B .0233) shall occur to Zone 1 (30 feet from the top of the bank of the-creek) of the gptectd riparian buffers. _ 2. Stormwater shall be directed as diffuse- few at non-erosive velocities through-the protected stream buffers as identified within 15A NCAC 2B _0233(3). -Roof drainage from the home shall be directed to vegetated areas as diffuse flow at non-erosive velocities prise to entering the protected riparian buffers. 3. Any additional stormwater located ou the remainder of the properties shall be directed as diffuse flow at non-erosive velocities prior to entering the proL-? riparian buffers. No new'ditching or piping of stormwater through the protected buffers is allowed 4. The Zone 1 buffer boundary shall be dart' cly mzrl;!?d by orange fabric fencing prior to any land disturbing activities to ensure compliance with this approval, mod liA NTCAC 213 .0233. North Caroms Division of WaWCceft?r 401 Wei CaraticaDOn Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 919-733-178& (phcrse), 0-19-7"-.?=? `- 024. tcp'JAVo.enrstate=.uslncwetfandst Page 2 of 2 5. You are required to mitigate for the impacts to the protected riparian buffers. The required amount of mitigation for the Zone 2 impacts is 633 ft' per the mitigation ratio as identified within 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to compensate for the required mitigation. In accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213 .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 (919) 733-5208 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 approval authorizes payment into the Riparian Buffer Restoration Fund to compensate -for 633 fe of required riparian buffer mitigation for impacts to 422 fe of protected riparian buffers; 03-04-02 river and subbasin." `If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within b0"daysof 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 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. Sincerely, %egor <}f. Thorpe, Ph.D., Acting Director J Cc: George W. Krichbaum, Jr., Planned Community Development, Inc., 6900 Slade Hill Rd, Raleigh, NC 27615 Steve Mitchell, DWQ Raleigh Regional Office File copy , Central Files DWQ 020026 ' a I {g' ^f - a Y fed ? U? ?:D i`? f^ ?? 4:t cal .ti O 0 .2 ' 0 LS u ! r A a d fF P L3' ?- d 0 + U 6 (n L y` u l ? c MM crs (1) O i + z 0 N ctS to ?, _.1 U -C ' -e M T cv ,? vq Q 1..L a C N 2 CY) C O O CL N C N C C O W N ? N - O u (1) `c p C U `o Ems N 0 0 LU u CL EZ C) Z yes :- a z a w '- ? al cr_ .a..r ?•3.? t.?f 34? .y U r:y c'._ Of LLj n U-1 CD 9t_ `_ SENDING CONFIRMATION DATE OCT-13-2005 THU 21:09 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 99816579 PAGES : 7/7 START TIME : OCT-13 21:07 ELAPSED TIME : 0113311 MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... oG VdQTF?- Michael F. pp,ley, Govanw ?., ' ©.' Wallam 6. Ross Jr., Smremry [.?? Nenh Lafepn, Depertroa9 of hbviromncntaM NaNrol Reawrcu w `Y Alan W. Mi-11 P E. oi,mav O 'f Division or Waw Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 276042760 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax 919-733-6889f33 To: crw4ak -iS Fax #• GVO ,{ _± NC Date: V C L Company: ill7b IV- br )From: 11?/v) Number of pages including cover sheet: Notes or special instructions: uiwiw arw.,rrQ,.la3•,w?eaa.na s-eft lhwtl A.ally IGSe MNl Benito Crnler, R,Id?, Nash CBmlin%1'!699-idSA '321 Lmhncn Phonc: 919-733-17&6 i Fi FAXX 919-733-6593 13NmIM1nK*nciC: '-I 2- cnr.stet= M ggnnl DPp?.eviryl?mmeve netiw Eme7oyv- b96 RsycleNl O:b Ppa Canwna Papc+ W A TF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary Cl) North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: Contact Information: To: Company: From: 1650 Mail Service Center Raleigh, NC 27699-1650 Phone #: Fax #: ?, ., IF. 919-733-1786 919-733-6893 Fax #: I v ?M , Date: Number of pages including cover sheet: Notes or special instructions: NOne Carolina Division of Water Quality, Wetlands and Stormwater Branch ttlra!!y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httu://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper kR@[90WP= D OCT 1 1 2005 October 4, 2005 WErlWMIDsTooRRMWAT RIB NCH TO: Cyndi Karoly and Eric Kulz FROM: Carol Shaw SUBJECT: DWQ# 02-0026 Falls River Subdivision Attached are copies of the 401 certification, invoice and our request for status memo. We have attempted to collect for this overdue invoice, the request has been returned to us because of a bad address. Please investigate:; first find out if the project was completed and payment must be made, second send us a good mailing for the permit tee. If you have any questions, give me a call at 733-5205. Thank you for your help, 2z"t-0ri;tg... 'E ... proti" OGGY St-G P? t AT North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net 1"I "111i7tole7leTwenin rwo".Am IN LIEU FEE PAYMENT STATUS DATE: -t' ! V - 2005 TO: 66?? ICc Q l0`. ?Gt?? k?-rr- a.??as?'?r ?u?d e rs l l 3- C WooA wiV45 (V U0.14 t ?a.? NC ?7S l t FROM: In Lieu Fee Coordinator, NCEEP p@mw[4 P OCT 1 1 2005 DENR - WATER QUALITY WETLANDSAND STORMWATER BRANCH CC, PROJECT: r )L-S V w eyr ?WoJky lS ooy\ DWQ#: 02-oD2O USACE Action ID: n (a-- A review of our files and those of, the Wetland Restoration Program indicates that you were mailed an invoice for $ k0-7 - 6 $' on 7-- to pay for impacts associated with the subject project. To date, according to our records, no payment has been received. Please take one of the following actions in the next 30 days, since failure to pay might constitute a violation of conditions in the permits you obtained from the permitting agencies. 1. Notify us if the project was never implemented (letters from DWQ and/or USACE acknowledging project status must accompany your response); 2. Mail a check in the amount indicated, payable to "ECOSYSTEM ENHANCEMENT PROGRAM" to the address at the bottom of this page; or 3. Furnish proof (cancelled check) that payment was made; or 4. Request more details (by mail or by fax - see contact information below) Thank you for your attention to this request. Please enclose a copy of this letter with your response. NC Ecosytem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Tel: 919-733-5205 (Carol Shaw); Fax: 919-715-2219 A INA7F*Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. p -? Acting Director Division of Water Quality INVOICE February 22, 2002 Mr. Anthony Piccola Parker-Lancaster Builders 113-C Woodwinds Industrial Court Cary, North Carolina 27511 You have chosen to satisfy the compensatory mitigation requirements of the 401 Water Quality. certification issued for DWQ Project #020026 through payment of a fee to the North Carolina Wetlands Restoration Fund. In accordance with. 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment for wetlands is calculated in increments of 0.25 acres): Riparian Buffers 633 square feet of buffers TOTAL OF PAYMENT X '$.96 = $ 607.68 $ 607.68 Please mail a check, in the amount of $ 607.68 made payable to: NCDENR/DWQ/Riparian Buffer Fund to the address below. If you have any questions concerning this payment, please contact Ron Ferrell at (919) 733-5219. NCDENR - Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, North Carolina 27699-1.619 PAYMENTS ARE NON-REFUNDABLE PLEASE NOTE, YOU MUST RECEIVE NOTIFICATION FROM THE WETLANDS RESTORATION PROGRAM THAT YOUR PAYMENT HAS BEEN RECEIVED PRIOR TO CONDUCTING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Customer Service 320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 623-7748 t4m Michael P. Easley ?0 QG Governor William G. Ross, Jr., Secretary O Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Page 1 of 2 January 8, 2002 DWQ Project # 02-0026 Wake County Page 1 of 2 Parker-Lancaster Builders C/o: Mr. Anthony Piccola, Division Manager 113C Woodwinds Industrial Court % Cary, NC 27511 RE 2442 Subject Properties: Neuse Riser Riparian Buffer-Minor-Yariance Request FE? 1? Falls River Subdivision, Phase 3, Lots 694-697, S 1928, 1929 and 1925 Wescott Drive, Raleigh, Wake County, NC N, Unnamed Tributary Strain (locally know as Abbott's Creek) to Neuse River RES10. [03-04-02; 27-(20.7); C . SW (Nutrient Sensitive Water)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE (15A NCAC 2B .0233(9)(b)] with ADDITIONAL CONDITIOtiS Dear Mr. Piccola, . You have our approval. in accords with the conditions listed below, to impact approximately 422 ft'' of Zone 2 of the protected buffers to construct the pro?osti homes on the subject properties as described within your minor variance request dated December 5, 2,001 and recei-vei by the Division of Water Quality (DWQ) on December 7, 2001. This letter shall act as your Minor Variance approval as ciescrbe-d %%ithin 15A NCAC 2B .0233(9)(b). In addition, you should obtain or otherwise comply with a4y other requin..,,a federal: static or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Crmol: This approval is only valid for the grpose. and design that you described in your Minor Variance Request dated 12/05/01. If you change your project, you rmst nodfi us and you may be required to send us a new request for approval. .If the property is sold, the new o%Mff n be given a copy of this approval and is thereby'responsible for complying with all conditions. For this approval to be value ,aou nwst follow the conditions listed below. Conditions: 1. No impacts (except for "exempt" use3 25 identified .; idiin`15A _CAC 2B .0233) shall _ occur to Zone 1 (30 feet from the top of the bank of thee, creek) of 113-2 gzczt riparian buffers. _ z Stormwater shall be directed as diffuse) at non-erosive velocities through-the protected stream buffers as identified within 15A NCAC 2B 0233(3j Roos€cha g' e from the home shall be directed to vegetated areas as diffuse flow at non-erosive velocities pane to entering the protected riparian buffers. 3• Any additional stormwater located on deremamder of the properties shall be directed as diffuse flow at non-erosive velocities prior to entering the prot-_-Led riparian buffos. No new'ditching or piping of stormwater through the protected buffers is allowed dary shall r be cl ms y 4. The Zone 1 buffer boon marked by orange fabric fencing prior to any land disturbing activities to ensure compliance with this approval and 15A ?ti`CAC 213 .0233. North Carolina Division of WaferCma?, 401 y/aizrx!s Carafieation Un4, 1650 Mail Service Center, Raleigh, NC 27699-1650 919-733-1786 (phone), 0-19-7''', irk Qmq, tazWftz2o.errstatexc.us/ncweflancLs/ Page 2 of 2 5. You are required to mitigate for the impacts to the protected riparian buffers. The required amount of mitigation for the Zone 2 impacts is 633 ft'- per the mitigation ratio as identified within 15A NCAC 28 .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to compensate for the required mitigation. 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 (919) 733-5208 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 approval authorizes payment into the Riparian Buffer Restoration Fund to compensate .:-for 633 fe of required riparian buffer mitigation for impacts to 422 fe of protected riparian buffers; 93-04-02 river and subbasin." `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 2769976714. 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 [15ANCAC 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. Sincerely, z ?"?I G7 y? CL ? f --3 LL U ? T m E a i a O ?v ;x ( ? C *- ` O ?, •? ??Lo f P4 iTe a CU p (V . o ?- z ;, C Y 9 .? •? co Qa -U E c a E c o Q d. i N UJ Q7 a N v-- ` E U U N a c ? c„ u `O N N a E K S N CV to awcnu cx E'oZ ?Z yC, y N .? O r- ? Z OLj D N t" 99 W t"+ 71 ? 2 v ?. w v) IJJ _ CD J CA :4- W p :.{ 7 O?O? W AT ?9QG 7 o ? 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 January 8, 2002 DWQ Project # 02-0026 Wake County Page 1 of 2 Parker-Lancaster Builders C/o: Mr. Anthony Piccola, Division Manager 113C Woodwinds Industrial Court Cary, NC 27511 Subject Properties: Neuse River Riparian Buffer - Minor. Variance Request Falls River Subdivision, Phase 3, Lots 694697, 1928, 1929 and 1925 Wescott Drive, Raleigh, Wake County, NC Unnamed Tributary Stream (locally know as Abbott's Creek) to Neuse River [03-04-02; 27-(20.7); C \SW (Nutrient Sensitive Water)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS Dear Mr. Piccola, You have our approval, in accordant;, with the conditions listed below, to impact approximately 422 ft2 of Zone 2 of the protected buffers to construct the proposed homes on the subject properties as described within your minor variance request dated December 5, 2001 and received by the Division of Water Quality (DWQ) on December 7, 2001. This letter shall act as your Minor Variance approval as &scrDed within 15A NCAC 213 .0233(9)(b). In addition, you should obtain or otherwise comply with any other required federal- state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Cool. This approval is only valid for d3-- pmpose and design that you described in your Minor Variance Request dated 12/05/01. If you change your projem you imust notify us and you may be required to send us a new request for approval. If the property is sold, the new owner rtmst 1-e 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. Conditions: 1. No impacts (except for "exempt" uses 2s identifnd :within 15A I+CAC 2B.0233) shall occur to Zone 1 (30 feet from the top of the bank of the creek) of the prVzcted riparian buffers. 2. Stormwater shall be directed as diffuse fiew 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 as diffuse flow at non-erosive velocities p'dar to entering the protected riparian buffers. Any additional stormwater located on tfik-- remainder of the properties 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. The Zone 1 buffer boundary shall be chusly marked by orange fabric fencing prior to any land disturbing activities to ensure compliance with this approval and 15A NCAC 213.0233. North Carolina Division of Wa1 rCXmftf, 4011Nedands Cervfication Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 919-733-1786 (phone), 919-7'", ,r: @ia4, tXDVlM2o.errstate.nc.us/ncwetiands/ Page 2 of 2 5. You are required to mitigate for the impacts to the protected riparian buffers. The required amount of mitigation for the Zone 2 impacts is 633 ft2 per the mitigation ratio as identified within 15A NCAC 2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP) to compensate for the required mitigation. 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 (919) 733-5208 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 approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 633 ft2 of required riparian buffer mitigation for impacts to 422 ft2 of protected riparian buffers; 03-04-02 river and subbasin." 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 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. Sincerely, n egoi?j ?. Thorpe, Ph.D., Acting Director Cc: George W. Krichbaum, Jr., Planned Community Development, Inc., 6900 Slade Hill Rd, Raleigh, NC 27615 Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files DWQ 020026 Planned Community Development, Inc. 6goo Slade Hill Road .? Ralei , K z1615 December 5, 2001 Mr. Bob Zarzecki Environmental Specialist III 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Falls River, Phase 13, Lots 694-697 Dear Bob: I am handling the attached request for a minor variance from Neuse Basin buffer regulations for Parker-Lancaster Builders. This is a matter that Steve Mitchell and I met with you about in June of this year. Due to a number of complications, we have just been able to finalize proposed house plans that we believe limit to the greatest degree practical the requested Zone 2 encroachments on these lots. The requested encroachments total 422 square feet, with a maximum of 174 square feet on any one lot. Based on our conversation and my understanding of the States desire to minimize variances, I believe that Parker-Lancaster has done as much as they can to limit the encroachment on each lot while still producing houses that are compatible with the adjacent properties. I understood from Steve Mitchell that it would be appropriate to propose a financial mitigation at a rate of $2.001square foot of encroachment. We are prepared to make such a payment ($844) if required should the variances be granted. Please contact me directly if there are any questions or problems regarding this request. I thank you and Steve for your assistance and hope we can conclude this matter shortly. Sincerely, Geo ge . Krichbaum, Jr. For P er-Lancaster Builde Cc: Steve Mitchell office (qIq) q81-6577 Fax (qIq) q81-6s1q p(dinc@mindspringam b OFFICE 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 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. A licant's name (the corporation, individual, etc. who owns the property): 2. Print Owner/Signing Official (person legal Name: L • ANTykot-?L A -r) t Title: v ts? 0f_-) lN-41 Street address: t C 00 City, State, Zip: IJ G responsible for the property and its compliance) %IS.T2\ P% L. C-T' Telephone: (G 1,9 3 llr6 - -1 na Fax: (cilq) 3 30 - 11.-1657 3. Contact person who can answer questions about the proposed project: Name: GeOr &P_ k.R\C P AkLt*. Telephone: I `i) R $1- to V7 '7 Fax: (.?1-7 ) 4 -e1-1a yi g Email: 'Pcdgv+c.@ yy-iVNd.%99n,VC4.e400. 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): FEN-LS 2?vEYt ,tom- HA SE 3 5. Project Location: Street address: Lmi rs 19 3 -7 9 (,p wescuq GO l kyL City, State, Zip: ?-A LrEl G 1-k N G 2'7 (014'r County: w pAce Latitude/longitude: Version 1: February 2000 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): -r tIC- c t tr- t-1A-c A c ?2e?4 i? t? vS rt FIQ V ? S t T"t' ? 1'i3 t?1 l7 W Q L. ' 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 ft2.: Lo T '? S - 1 '14 L <)r '794 - 134 k"' LoT 79 3 - O f-? J 4.o 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: SE'r PiAk rAe_C Ae i N 1kU E= rVEMC 3E11?F_YLELA.. L! fOAT TKE MA kILJ[ 6LE OF..) Wecc_017- Ilj?,%"ID . EKC-YZ0Ac_K C`ENT' 1 S tJEEb1b . 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.): AU_ OF 7,0NE 'Z- 4J)Lt- '1&6 VF-GETATE't?i w,Tt+ Q,"SS ANb /01;L OF 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 Rule. (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. LETS 114-6 U-S-ES wnuL? tN ?AAv0 TO (6 C bevALtAIM 11-N (-r -2-c- -A6 7e i m otLbk--- Z- 'M OJEE -r WT' -m PuAr-HA&E' p(LccE QAJ" o S . ke: ups ES wO U is t7 9-)C- SLk-G S.TP# Tm AwU sdv A-LLEW 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: (1090-0 City, State, Zip: 112 ? Gl Telephone: Fax: Email: Part 5: Applicant's Certification 0) YL.CsE V-a% C" I, L.. A-%J -1to t-? 3>, c c-0 1..- (print or type name of person listed in Part I, Item 2), c ify 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: Variance Request Form, page 3 Version 1: February 2000 JLM!tflVt.T N 4t--IC ¢- - - - (2) How these difficulties or hardships result from conditions that are unique to the property involved. SCARE t-k IL - Ae-OA? cr -A , t,-1 C Zn (e 1 T, Title: -t?tv 1SkDN N?At,.tP?Gt-12 t?P+?Kt-12 ' L1cc?iT?Y?, Variance Request Form, page 4 Version 1: February 2000 e? 1?D-;31-SID 7 b : oul-'M r KUM Y. G w?i??`iam"?"?'rr Kean ar nrnc?e SETOACK$ HAVE NOT BEEN CONFAMED w?T" RECOPOEO PLAT INFORMATION. /r 4? f f /? f r / / j I / • a I I I , "' rY r• I r'?N I • L' L • I 1 I 1 1 ti 4 `1 4 44 Y I "'• ['/ '••tit 'ter t / 444 I' r ., 4 I • / 4 4 1 4 4?4 - - ----VICINITY MAP FLOOD CERTIFICATION IS NOT A , PROPERTY THE * D I1E riW$ DATE URANCE PAWRAY S Or JN G FLOOD 'F 8 () THE PROPC'RTY IS NOT LOWCO IN THE 100 YEAR FLOOD A WAO NAZARp AREA PROPERTY IS LOCATED WITHIN A'100. YEAR G (X) A PORTION OF THIS z , FLOOD PRINCE ARV AS SHOWN BELOW, NOT TO $CAL£ CURVE TABLE CURME DEL FA RADIUS ARC CHORD TANGENT CHORD 8" 55.29 31.88 31.74 S 59'26'11' w C1 70'2352" M ' ' g W 25 C2 48:36'19" 25.2)0 21.64 20.07 11.55 S,09'02 C3 O V510- 64 ° N 1.11 1:11 0.55 5 73*.2 32" w I I aOF 707 F/MSJi f _ /N® 1720-H-W3 P B spa ir/?1 n4i B.M. ?000 pG ppPf Mw RM. 7000 PC. '0021 2O0CXARY G CwERR e,*! PQ. 00PJ I ? f •. AMTTS CREEKS :. M. "?•, aA 2000, Ac, o02J \ \ -. / I 1 s 50" NEUSE RNERBtIFFEl7LOT ' 796 i HN .. C `* ..-.. JO R. NCAaam COMPAI4Y INC. RECEN£O 011/30/17; \ n NACRE 94Y 85 SU916Ct TO CKANGE +?pGb?i/? ASSQe?tAT6S ? ? ? AL X31 4 A? 40 }7>79 S0. Fl ? '1 t ? t O z ! $ 6t oO YEAR FLOOD (POR h0D0 511A0r 1423 AS + AMMVW BY W CQY 0/ R AL B.N. 2000, PG. ,21 / ` 5' CABLE T. IV\ S? ? IgIPS FOUAID 3ROM ACE / \ UflIT 040E Pa. A02? T \? [R?l. f WES o / I !(CIF N1AY >r !fI c?Nnelvcrn? aF Raar,? of /+??y / ltG L./ ° t ??? (45 C? • 1d ?T7 ? YEM ?P.C. fBRP M RI'N . I 1 JM NOTE: NO FRDNT or awtEm 25' 1. NOT FOR RECORDATION OR CONVEYANCE OR WE S1OE' B PRELIMINARY PLAT OF LOT 796 PALLS RMER PWSE 13 1925 W,k=TT DRIVE "MH. WAKE OOUW, N.C. MFEMWCE WW OF M4PS90-0-0,PAGF_W2L. PRaPfftTY OF i PARKER LANCAVER 0 40' L E Jm GRAPHIC SCALE B8P , cEff" , ri w s i1 muir or -r m m KENNETH CLOSE INC. ' suRVEYIN N JA i ii i ' ' LA D R AW I NDE A F&W SUrW UAL supp"six THAT Ft1E ERRDR OF 970 '1'F211VR"r ROAD CLOS EIS 1:1o ow+ IMF THE ' j RALEK04. N.C. 87E07 S NOT RURMM ARE 80 NLY1RJE S1r W AS ARWER MCI PHONE (919) 851--2344 WFAM AW NAND AND SEAL rtMS GAY OF FAX (919) 851- 201 ?a t9ATIF ! t- 1.3-01 SCALE: 1 u^ 40' 1 1- 14=1101 1 1: 1 /AM YKIm'I FLOOD CERTIFICATION A () THE PROPERTY IS NOT LOCATED IN .4: COMMUNITY PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM 'AS OF THIS DATE. B () THE PROPERTY IS NOT LOCATED IN THE 100 YEAR FLOOD HAZARD AREA C (X) A PORTION OF THIS PROPERTY IS LOCATED WITHIN A 100 YEAR FLOOD FRINGE AR$A AS SHOWN BELOW. VICINITY MAP N r 1tl w CURVE TABLE cum DELTA AA" ARC CHORD TANCL'NT CHo NR c7 7p',34';k5" . aco 55.0 51.99. 31.85 N .04MJ$" W ` •.? I . ?? "-Am am, dPauotr ABBOTIS CREEK' 20' CO.R. SANITARY 81M.2". Pa 0oar ?. ,? " ?•. ?`` - _ -?. SEWER EASEMENT 7995, ft. 1607 \ .?' `-\ ` ? ? 1. FROM B.M. 2000. pC. ooY s 100 YEAR FLOOD ;ft./ nti' 1 (AS PER FLOO STUDY 1423 AS S • _ y ?\ ,r'? "* A1+PRO @Y THE COY OF RALf1CH) .M. 20170. 'PQ 0021 ? ,,,may .? ? ? ? `^^ .,.• 5' CABLE V. & r? 1 UTILITY EASEMMENT, &M, 2000, PC. !0021 prax SOACr. PNVJ t m-m-wo 0 B.M. 2000, Pa. 0021 k 19 m 20' C.O.R. SANITARY SEWER EASEMENT Aa 7083. PC. 1007 ' _ Y FROM! B.M, 20W. PG. 0027 LOT 7795 ?` . \ ?lool/ 88.9730 , tat. ; \ , .. i WESCOTT DRIVE ' (45' PU , JPC. 277 ?, L?r ya , /!' `/•/ \?? ?? ?JWSET D (") RAONT10F "Y (f). CCN1 RLMAF OFD RAGMT 42F IAIY l D PRNATE SANITARY 1 SEWER EASEMENT -/ r 8M. zo00. P0 oozy ,. 50' N£USE RNER BURR PER pIbYTW FILE FROR JOHN R. M APAMS. COMPANY-INC. ,wr sF sUSJrcT ra crwce FRONT IF PARKM IS AQOWD IN NOTE: 1. NOT ,FOR R£cORDATI{ON OR C0NwYANCE OR SALf PRFLIMII RY PI AT OF LOT J 798 FAILS MER . PHASE 13 1929 WESCOTr DRIVE' WAKE COW X, N.C. E PFFERENCE. BOOK Of MAI'S 2000 PAGE0021 1. awoy TMT• 11A"S M6AP.6 W RE$LK.T OF A MD Stffi Y A" UNDER AOY &Pp?91fA{?, THAT THE E~ OF OS 1:10.W** THAT THE &XAtAMEF NOT SLO ARE 5~ AS 0690 LAY W NESS AW Nol N* AAP SEAL TNS A,...x-Otwr oFI?l REAR ,Ray! OF dN2ZLING sm o PROPERTY OF PARKER LANCASTER .w• 20, O' ¢o' eo• GRAPHIC SCALE BBP KENNETH CLOSE INC. LAND SURVEYING 970 7R NffY ROAD RAWG -r, N.G. 27107 PHONE (919) 851-2344 FAX {919) 83.1-5201 DATE? 11 - 13-01 I SCALE.' 'I 'w 40' ii-1s-LYJi 11: io m rM6"l FLOOD CERTIFICATION , . A (.) THE PROPERTY IS NOT LOCATED IN A COMMUNITY PAKICIFATING IN THE NA AONAL I"LOOD INSURANCt: PROGRAM AS OF THIS DATE. 8 () THE PROPERTY IS NOT LOCATED IN THE 100 YEAR FLOOD HAZARD AREA C (X) A POR710N OF THIS PROPERTY IS LOCATED WITHIN A 140 YEAR FLOOD FRINCE AREA AS SHOWN BELOW. CURVE DER Tit RADIUS et 81-4.5•r8" 48 Op LOT 794 x36'7 ACRES RiY\ WSCOTf DRIVE ' (45' Puwc R V} I P.B 1989, ?. 7 r ? ? f 5` CABLE T.V. & •? UTILITY EA$EME'r?T B.M. 2000, PG. 0021 STSR, B.M, 2000 t+° L1 TAM m VICINITY MAP C AdW CURVE TABLE ARC 1 A" ' s, a M400 s N 2605' imp 1 \ 20 C.D.R. SANITARY SEWER EASEMENT \ .9.#. 20W. PG. 00? 1 g I-or 7" \ N \ \ i aUMM i°mo S0. Fr \f \ I / / obi' f ?4SEWEjR PRIVATE SONTARY ?' / ?`1• ?/ B.M. 2004 PG. 0021 YEAR "WW" J"r D AS x\5 0 30 # ? (P 00'p 5 APPROVED BY CITY Of RI4LEiCHj 1 PW, IM02-00- FROG 9.M, s000. PG. 0021 s VA "00. PG 0021 / / 50' NEUSE RnorRBUI? f / AM DOITAL ME FROM ' AB$OTTS CREEK O PANY INC. COM JWW A / O.M. 2000, PC. 0021 08/ -V/0 RE I ECT TO CHANGE B S / J U MAY BC ' (Aps)., ARM Art Sir_. rmw IS MGM OF WAY (R/W) FRONr IS F PARKAV IS PROWOED W ' . (J) CEMERLNE OF RIGHT OF WAY OEWNG FRGNr OF AM 25• NOTE. SM. 8' 1. NOT FOR RECOR114170N OR CONVEYANCE OR SALE. PRELIMINARY PLAT OF LOT 794 FADS RIVER PHASE f3 1928 WS( VT DRIVE RA r4H. W0wr CI uw,, N.C. MMMENCE. BOOK OF MAPS, 2000 „PAGE M-f. PROPERTY OF PARKER LANCASTER .D' *d 80' CRAI'HIC SCALE 88P MAt?rMS MAP IS THC RESM OCTFY F A FlaD SU*VF1' AMM UNDER AIY rMT 7W ERMW Or S1S 1:10,D0Dt Imr? E mCL 8N#dA4R ES NOr SURVMD ARE SNp*N AS &W KE'N Lftl WMSS MY HAND AND SFr1L THIS 020 Y.OF KENNETH CLOSE INC. LAND SURVEYING -070 TR14M RBA?Z7407' RALKH. N.C. PHONE (919) 85r-2344 ' FAX (918) 851-5201 C I T Y OF R A L R X G Planning Department, P. 0. Box 590, (919) 890-3125 MAY 2 TM . ?? '?. Raleigh,;. MC 37602 ** NOTICE OF PRUMINARY PLAN DECISION ** TO: Falls River Development / Jerry Turner and Associates PROJECT: Falls River Phase 2 FILE NUIMMa S-6-97 CITY COUNCIL ACTION: Approved DATE OF ACTION: 5/20/97 COORDINATING PLAMMER: Dan Howe ACTIONS OF THE CITY COUNCIL: The City Council approved an alternate design for building-to-building and building-to-paved area setbacks in accordance with §10-2103 (c) (6), to allow a minimum setback between building.; of 20' and a minimum landscaped area between parking pads to be 21, as described in a letter dated March 12, 1997. Administrative Actions: Conditions to be not prior to construction drawing approval: 1. That a revised plan showing an interim cross-section, for the portion of Dunn Road from the proposed traffic circle north and west to the property boundary be approved by the transportation Department. This interim cross-section, and its final design details will bo approved by the Transportation Department after submittal of construction plans; Conditions to be not prior to/in conjunction with Plari*Ling Department authorization to record lots: 2. That a petition for annexation into the City Limits be submitted in accordance with City Council policy for extension of utility service to properties currently niit.?qi.de of the City Limits. Thic voluntary annexation in no way obligates the City to extend utility services to the property; 3. That a street closing petition for the portion of Dunn Road shown to be abandoned be submitted to Wake County and be approved by the County Commissioners, prier to the racordi.ng of any phase that is affected by the Dunn Road corridor- If the effective date of the proposed annexation request is prior to the closing, the petition should be Dresented to the City and be approved by the City Council; 4. That the greenway easement shown on the preliminary plat be dedicated prior to or in conjunction with the recording, of a preliminary plat in any phase adjacent to the greenway; 5. That a recombination map be recorded prior to or in conjunction with the recording of lots, recombining the existing lots into a single tract; 6. That street names for this development be approved by the Raleigh: Planning Department and by Wake County; 7. That homeowner's documents for the townhouse developments are approved by the City Attorney; 8. That this phase be annexed into the master homeowner's association for the Falls River Development and that documents to this effect are approved by the City Attorney; 9. That 80' right-of-way for Dunn Road in the floodplain area near the southern property line be dedicated (no construction of Dunn Road will be required across this floodplain at this time), and that no reimbursement be requested for any excess right-of-way along Dunn Road. pSUNSIA O ULTES: If significant construction has not taken place or A prnjer.t after preliminary approval, that approval may "sunset" and be declared void, requiring re-approval by City Council before lots may be recorded. To avoid allowing this preliminary approval to "sunset", the following must take place by the following dates: *1-yearSunset Dater 5/20/99 Submit 'construction drawings for public improvements to the Development Plans Review Center (Room 307). 13--Yeax Sunset Dates 5/20/2000 Record at least 1/2 of the acreage of the subdivision. * Year awmet Date; 5/20/2002 Record the entire subdivision. WHAT TO DO NEXT: * Al U_ X l l u NMXLAR REDUCTION OF THE APPROVED pggL_1MIH& to the coordinating planner whose name appears at the top of this Page, for the city's permanent record of the approved plan. " IT S11VE FULL-SIZE CQpY THE APPROVED PLAN to provide us with a clean original in order to make copses of the plan for other City Departments. *= WdJL- CONDITIONS OE APPROVAL. * 'E' ' THE REQUIREMENTS QE THE SE T RE-SH. OLDS AZ NOTED ABOVE. FACYLITY FEES R33I RS T: It oversized street construction takes place, or greenway or oversized public street right-of-way is conveyed to the public, the owner is responsible for application to the City for reimburse-menh Allowed by Code. Reimbursement takes place once a year in January; a written request must be filed with the Planning Department for greenway and street right-of-way; and in the Engineering Departmpnr fnr, street construction; by the second Friday in November each year. OFFICI" MINUTES : Minutes of the City Council meeting approving this plan generally are available approximately two weeks after the meeting date and can obtained from the Citv Clerk's office (W-3040). This letter represents the official notification of the action of the Council. Please do not hesitate to call me or t-hiq planner coordinating the review of your project at 8903125 if you are unsure of how to satisfy conditions, or you have any other questions about this preliminary plan. Sincerely, a- I, K 0 ?- Daniel A. Howe, ASLA, AYCP Subdivision Administrator -T-L-0 M b ul ,la. V 8 O r- O Y, .j V b m -IV r c C V T LL 4 C