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HomeMy WebLinkAbout20020423 Ver 1_COMPLETE FILE_20020321p?o? W A T FRIG r Page 1 of 2 May 14, 2002 DWQ # 02-0423 Wake County Stephen & Angela Watson 222 Heidinger Drive Cary, NC 27511 Subject Property: Lot 8, Sec. 2, Pepperdine Subdivision, 222 Heidinger Drive, Cary, NC 27511 PIN No. 0762880316 Unnamed tributary stream to Swift Creek (Neuse River Basin) 103-04-02, 27-43-(5.5), WS-III (Water Supply) NSW (Nutrient Sensitive) CA (Critical Area)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS Dear Mr. and Mrs. Watson: You have our approval, in accordance with the conditions listed below, to impact approximately 180 ftZ of Zone 2 of the protected buffers to construct the proposed garage addition to your existing home on the subject property as described within your variance request dated March 20, 2002. 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 regulations before you proceed with your project including (but not limited to) local construction permits, water supply regulations and Erosion & Sediment Control permits. This approval is only valid for the purpose and design that you described in your Minor Variance Request. 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. Conditions: 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 new addition shall be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian buffers. 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 You are required to provide 540 square feet of buffer mitigation. The DWQ has determined that planting additional native trees on the property will satisfy this mitigation if the following conditions are met. You are required to plant at least four (4) native trees within thirty (30) feet of the stream within one year of the date of this approval. You or any future owners of this property must ensure that these trees survive for a period of at least five (5) years. If any of the trees die within this period they must be replaced with new trees. If this is unacceptable to you, the DWQ will accept payment into the Riparian Buffer Restoration Fund to compensate for the 540 square feet of required buffer mitigation in place of planting these trees. Please contact this office if you choose to take this approach. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 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, 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 Mr. Bob Zarzecki at 919-733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, Gregory J. Thorpe, Ph.D., Acting Director Cc: Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files DWQ 020423 May 14, 2002 OFFICE USE ONLY: Date Received Request # NO ?S State of North Carolina Q b ?O Department of Environment and Natural Resources /c Division of Water Quality Jv Variance Request Form - fors P riances Protection and Maintenance of Riparian Areas NOTE: This form may be photocopied for use as an original. Please identify which Riparian Area Protection Rule applies. X Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) Li 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.) 2 3. 1. Applicant's name (the corporation, individual, etc. who owns the property): _____---------____--__ ___-________ Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Title: Street address: City, State, Zip: C.., 11C:1 I I Telephone: Fax: L??? )?211?35 Contact person who can answer questions about the proposed project: Name: f-?4 1-_11A 0 All \&) 04-1M Yl Telephone: 99 :1 Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): -xrl.,..t?.?., .... . _ ...... -- ....... _...................... -.... ....... ._........... 5. Project Location: , Street address: 2__ } [ City, State, Zip: __.CGt..r _.. .....-A.L.C,.-_.... County: 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): 7. Stream to be impacted by the proposed activity: Stream name for un amed team labe as "UT" to the nearest named stream): ,%% UT's ? w', ? C Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or .0316 (Tar-Pamlico)]: ?. 2> 3 _ tAt5L J CLq__- 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.: 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) -_At, A?_..?. V Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) emz it n nn •awn&( ? _, o r_v c p _ I L . S? aMP-c ln.Ld VaAA) ? v1,1 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: 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.): . . . . , . . n . , , . A Variance Request Form, page 2 Version 1: February 2000 4 (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, __ _.._._.._______.________ (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:X11. \11? N Date: --- -?oZ " Variance Request Form, page 3 Version 1: February 2000 Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved. JLL I• V CE 'EAM CENTER LINE .CULATED POINT t`l \ LOT 19 \ (,ov)s4-ru(,bcal 'Is 41 1-ke Cl05es? Poih? -tb -WiG \ W ct ?e? W I d?re?, by ??? s?s??? ?/ /? ? ??? ^ EXIST ING CENTER - M LINE OF STREA LO 18 ?iv?all`? de?sl?cd 3 12,486 s t. 5wji, o? - - ?J W 0.286 res C.ovher. (5ee 60e J i L? c ?e.vaki ova bclo?? o w ,??1 V If 0-5-? yyf?iyVcO?Y 0. cF ' ALLS ANSFORMER ,?•.• ?, ?J?. 'V 207, 00 9). n Oe S?5.?'8'78 C Y4?i ? Ef ? B( \,ovo, ? . I, Lawrence F. Lee III, RLS L-3884, hereby certify that this map was prepared under my supervision from an actual survey made under my supervision; that this survey, to the best of my knowledge and ability, accurately represents the physical features shown hereon at the time of this survey. Witness my hand and seal this 16th day of ctober, 1997 Lawrence F. Lee II, L-3884 NOT FOR RECORDATION THIS MAP DOES NOT MEET ALL THE REQUIREMENTS Seal %. J% /I N WO '?. SEAL s - f L-3884 cc ft 4V AS SETFORTH IN N.C.G.S. 47-30 AMMENDED. \ / \ \ 20' DRAINAGE EASEMENT \\ J1??\\ SOM 1984 PG 394 4 LEGEND \\ ??\\ ® ELECTRIC TRANFORMER \ "' \\ A CABLE TV \ \ LOT 15 ?c- - FENCE \ \ STREAM CENTER LINE \ \ IPF \ \ + CALCULATED POINT \ \ LOT 19 80 ?Sa? 9). */O/ CORNER AV 0F? i ?518,18"E \ N . EXISTING CENTER- \ Ida ,, LINE OF STREAM try LOT 18 12,486 sq. ft. 0.286 acres ell 20,, 80 91> S F \ So' SURVEY FOR, S. CHRIS WATSON AND WIFE ANGELA J. WATSON LOT 17 CITY: CARY COUNTY: WAKE TOWNSHIP: CARY NORTH CAROLINA LOT: 18 PHASE: SUB SEC 2 SUBDIVISION: PEPPERDINE SCALE: 1°=30' SURVEY DATE: 02/16/98 ADDRESS: 222 HEIDINGER DRIVE DEED BK 6936 PG: 0296 B. 0. K 1984 PG: 394 Engineers FIELD BK Planners 5505 Creedmoor Rd., Suite 150 TAX ID: 0762.08-88-0316 Raleigh, North Carolina 27812 FILE NO. BUDDY Surveyors Pho (919) e81-9939 Fax (919) ee1-9983 r3 O? ?o ARIABLE DRAINAG ?ry EASEMENT BOM 1984 PG 394 LOT18PSD.DWG 2-23-98 11:17:51 am EST 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 Varian A s Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. I ' " Please identify which Riparian Area Protection Rule applies. X Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) Li Tar-Pamlico River Basin: Nutrient Sensitive Waters Management 2 3. 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): Print Owner/Signing Official (person legally Name: Title: Street address: City, State, Zip: Telephone: Fax: e for the property and its compliance) Contact person who can answer questions about the proposed project: Name: Telephone: Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): _..___._.... _... 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: d Version 1: February 2000 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): r 7. Stream to be impacted by the proposed activity: Stream name (for un amed team labe 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)]: _( J2> 3/)5 W_ 8. Which of the following permits/approvals will be required or have been received already for this project? 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.: 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) At &Z7 _ _. Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) ?P?' ?'-?_ off'- ---.I.?D1.__lZ?' .?__._ . ._. __ ?"Uvt' ?Q 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate diturbance to the riparian buffers: -? r n _ r. P r I n 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.): Variance Request Form, page 2 Version 1: February 2000 4 (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, _ (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: 020/0 v-d Variance Request Form, page 3 Version 1: February 2000 Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved. )LL I• V \ CE \ \ 'EAM CENTER LINE \ \ .CULATED POINT \ \ I` \ LOT 19 \ ThL Njw coy,11--r O- 4u- neul \ I-tie Closcs? P014 -ta Gar -. Wa4e,, will be- 4<jp c1?re?d , by 6y41") /? -z NW axhcr ,? EXISTING CENTER- c&P13 LINE OF STREAM side /-?, ?ivtally deposl.?cd 3 ? Sock p? -I-i,? 1J W k C?vher. See side ,v JiGu? cLevc?i?n bclaa? o Ew V' ON < AN SFORMER ? W 'V 07 ' • 9 o' LOT 18 12 486 s t. 0.286 res / d vM - 1 Q o ? ?3 a fq? 0RY pORC• cf ti \dI • S?s•?8 n 78 ??? Ef ec I, Lawrence F. Lee III, RLS L-3884, hereby certify that this map was prepared under my supervision from an actual survey made under my supervision; that this survey, to the best of my knowledge and ability, accurately represents the physical features shown hereon at the time of this survey. Witness my hand and seal this 16th day of ctober, 1997 (- Z wir (.- 86 Lawrence F. Lee II, L-3884 NOT FOR RECORDATION THIS MAP DOES NOT MEET ALL THE REQUIREMENTS ?.` '? ?G1STE F.?i SEAL i = r L-3884 cc r 9-y Ord ,•?? SUM AS SETFORTH IN N.C.G.S. 47-30 AMMENDED. \ \ \ \ 20' DRAINAGE / \ \ EASEMENT \ BOM 1984 PG 394 LEGEND \\ `? A \\ ELECTRIC TRANFORMER ® CABLE TV \ \\ LOT 15 - FENCE \ \ STREAM CENTER LINE \ \ a IPF \ \ + CALCULATED POINT \ \ \ S ? LOT 19 \ \ ENTER- i/,c'V??EXISTING TREAM OT 18 86 sq. ft. 6 acres /ln \ r 3 O? ?o ?q/ARIABLE DRAINAG ^r EASEMENT BOM 1984 PG 394 0 H6 \NO ^ Qr 8AAr 80 9??siy e cORNER FALLS cF,? N ?o 9) AS.? SO' SURVEY FOR, S. CHRIS WATSON AND WIFE ANGELA J. WATSON LOT 17 CITY: CARY COUNTY: WAKE TOWNSHIP: CARY NORTH CAROLINA LOT: 18 PHASE: SUB SEC 2 SUBDIVISION: PEPPERDINE SCALE: 1"=30' SURVEY DATE: 02/16/98 ADDRESS: 222 HEIDINGER DRIVE DEED BK 6936 PG: 0296 B. 0. K 1984 PG: 394 Engineers EWft FIELD BK Planners 5605 Creedmoor Rd.. Suite 150 TAX ID: 0762.08-88-0316 ? ? Raleigh, North Carolina 27612 FILE NO. BUDDY Surveyors Pho (919) 881-Mg !as (919) 881-9m LOT18PSD.DWG 2-23-98 11:17:51 am EST