HomeMy WebLinkAbout20020423 Ver 1_COMPLETE FILE_20020321p?o? W A T FRIG
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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
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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
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\ 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'
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AN SFORMER
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12 486 s t.
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pORC• cf
ti
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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