20021059 Ver 1_COMPLETE FILE_20020619

Alston-Farrington Property
Subject: Alston-Farrington Property
Date: Wed, 03 Jul 2002 10:15:07 -0400 0 2 ' 0 5 c',?p
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit D?
To: "Perry Sugg (OrangeCo.)" <[e-mail]>
J? - f
Perry: X
I just received the Minor Variance approval for this property. Looks good, but I have couple comments.
I know it's not a big impact (26 sf), but it does look to me like the could have shifted the house to the
west slightly and avoided the impact. I assume that you have discussed this potential alternative
with the applicant and they have provided justification as to why the impacts could not be avoided.
Just as a reminder make sure that you check the deed dates on lots within a subdivision. We don't
want developers thinking that they can subdivide land with the idea that they will get a variance to
make a lot buildable. I'm sure this isn't the case on this variance but it's always a good think to
check. We've required alterations to lots (sometimes combination of two lots) to avoid impacts for
developments subdivided after the effective date of the rule.
You listed the impacts as 26 sf and the mitigation as 26 s£ The standard mitigation ratio for Zone 2
impacts is 1.5 to 1. Therefore, the standard mitigation requirement for 26 sf would be 39 sf. Not a
big deal on this one (and technically we can reduce ratios for variances) but try to use the standard
for future variances.
We'll be filing the approval in our database. Have a good 4th.
- Bob
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
I of 1 7/3/02 10:15 AN,
ORANGE COUNTY PLANNING & INSPECTIONS DEP
Craig N. Benedict, AICP, Director
?ontp o!
Erosion Control Division
[phone] 17 52
[phone] (FAX)'-
VUww.co.orange.nc.us °'rh Catoe
Wallace Alston & Deborah Farrington
178 Tobacco Road
Pittsboro, NC 27312
Re: Alston-Farrington Property (PIN 9877-87-8152, Orange County, NC)
Approval for Minor Variance to Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Alston & Ms. Farrington:
Upon review of your request for a minor variance to the Neuse Buffer Rules, Orange
County has determined that there is sufficient finding of fact that practical difficulties
specific to this situation prevent compliance with the strict letter of the buffer protection
requirements. Thus, the County as local delegated authority grants a minor variance
approving the allowable uses described in your plan.
Specifically, you have been granted a minor variance, in accordance with the
conditions listed below, to permanently impact 26 sq. ft. of Zone 2 of the protected riparian
buffers for the purpose of constructing a house adjacent to an unnamed tributary of South
Fork Little River (Classified WS-II, HQW, NSW). This impact was described in the minor
variance request application submitted to Orange County on June 1, 2002.
This approval is only valid for the purpose and design described in your minor
variance request application and attached site plans (dated May 23, 2002). Any change to
the project requires notification to our Office and may require submittal of a new
application. If ownership of the property is transferred to another person(s) or entity, the
new owner(s) will be responsible for complying with all conditions of approval. You are
required to supply a copy of this Minor Variance Approval letter to the new owner as well.
For this approval to be valid, you must follow the conditions listed below as well as any
other conditions identified within 15A NCAC 2B.0233.
Hillsborough,
North Carolina, 27278
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
June 18, 2002
,ens:
1. Diffuse flow of all stormwater (from roof drains, etc.) at non-erosive velocities shall
Y 1. P tained prior to entering the protected stream buffers as identified within 15A
NCAC 2 .0233.
2'"Pr-i r tbb construction activities, orange protective tree fencing, or equivalent, shall be
placed along the boundary marking the edge of Zone 1 of the riparian buffer.
3. Any temporary impacts to Zone 2 during the construction of the house shall be
immediately stabilized and revegetated to prevent erosion and sedimentation into
Zone 1 of the buffer.
4. Deed notification shall be recorded in the Orange County Registry for this lot within
30 days of this approval and prior to receiving a certificate of occupancy for the
newly constructed residence. A deed notification form (attached) must be returned
to this Office to confirm deed notification recordation.
5. You are required to mitigate for the permanent impact to the protected riparian
buffer. The required area of mitigation to compensate for impacts to the protected
buffer is 26 square feet of Zone 2 as required under this variance approval and 15A
NCAC 2B. 0242 (Neuse buffer mitigation rule). Payment into the Riparian Buffer
Restoration Fund, which is administered by the NC Wetlands Restoration Program
(WRP), has been determined by DWQ to be a suitable method to satisfy the
mitigation requirement. Attached is a WRP Notification form for mitigation.
If you do not accept any of the conditions of this certification, you may ask for an
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, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This variance approval and its conditions are final and binding
unless you ask for a hearing.
This letter completes Orange County's review of the minor variance request under
15A NCAC 2B.0233. If you have any questions or would like a copy of the Neuse Buffer
Rules or Orange County's Stormwater Ordinance, please feel free to contact me at (919)
245-2588. Please note this letter does not authorize any impacts to either Waters: of the
United States or Waters of the State. Contact the US Army Corps of Engineers or NC
Division of Water Quality if any impacts are proposed to either of these waters.
Very truly yours,
Perry Sugg, P.G.
Erosion Control Officer II
cc: Bob Zarzecki, DWQ 401/ Wetlands Unit
Ron Ferrell, NCWRP
Jason LaRue, America's Home Place
g:\ec\neuse buffeAvariance\alston 2
Deed Notification Form
COMPLIANCE WITH NEUSE BUFFER RULES
In conjunction with Title 15 NCAC 2B. 0233, the following DEED NOTIFICATION shall be recorded
in the Orange County Registry prior to the conveyance of lots. This recordation must be notarized below.
Said Deed Notification shall apply to Windy Hill Meadow
(Name of subdivision)
lot number(s) 8 , PIN 9877-87-8152 in Orange County, North Carolina as shown
(List lot numbers) (Parcel Identification Number)
on plans titled Property of Wallace L. Alston & Deborah Farrington
. (Subdivision name)
prepared by Hinnant Surveyin Cg o_ dated Ma 23, 2002
(Name of designer) (Date)
Notification to be recorded on deed:
"A portion of this lot has been determined to meet the requirements for designation as a regulatory
buffer under the Neuse Buffer rules (15 NCAC 2B. 0233). Any subsequent impact(s) to the
regulated buffer shall conform to the requirements of the Neuse Buffer rules adopted by the State of
North Carolina in force at the time of the proposed impact. The intent of this provision is to protect
riparian buffers, so the property owner should not assume that a future application for impact to
these buffers would be approved. The property owner shall report the name of the subdivision
and/or tax parcel identification number, (PIN), in any application pertaining to the said Neuse
Buffer. This covenant is intended to ensure continued compliance with Neuse Buffer rules adopted
by the State of North Carolina and, therefore, benefits may be enforced by the State of North
Carolina and Orange County. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them."
I declare that the above Notification has been recorded
Owners Name:
Address:
City:
Phone Number:
NOTARIZATION:
State:
In the State of North Carolina, Orange County
Zip:
I, , a Notary Public of the. State of North Carolina, Orange County,
hereby certify that the owner personally appeared before me this day and executed the above certification.
Witness my hand and notarial seal, this day of ,20
(Notary Public Signature)
My Commission expires
As verification of deed recordation, please return this completed form to:
Orange County Planning and Inspections
Erosion Control Division
306F Revere Road P.O. Box 8181
Hillsborough, NC 27278
(Signature of Owner)
Form # E00003 rev. 06-11-2002
Orange County
Neuse Buffer Rules Minor Variance Approval
Summary of Permitted Impacts & Mitigation Requirements
In accordance with 15A NCAC 2B. 0233, Wallace Alston & Deborah Farrington
have permission to impact buffer as outlined below and within the attached minor variance
approval letter for the purpose of constructing a house. All activities associated with these
authorized impacts must be conducted with the conditions listed in the approval letter.
Compensatory Mitigation Requirement - Wetland Restoration Program (WRP)
Tax Parcel PIN: _9877-87-8152_
Location: Lot 8 Windy Hill Meadow Subd, Schley Road
County: Orange
Basin/Subbasin: Neuse 03-04-01 / 03020201020020 (14-digit MD
Stream Index No.: Unnamed tribut to 27-2-21-2
As required by 15A NCAC 2B. 0233 and the conditions of the minor variance
approval, you are required to compensate for the buffer impacts as outlined in 15A
NCAC 2B. 0242 (Buffer Mitigation Program for Neuse Basin) prior to conducting any
activities that impact or degrade waters of the state. The total riparian buffer impact is:
26 square feet of Zone 2
One of the options you have available to satisfy the compensatory mitigation
requirements is through payment of a fee to the Riparian Buffer Fund per NCAC 2B.
0242. If you choose this option, please sign this form and mail it to WRP at the address
listed below. Upon receipt of this form, WRP will send you an invoice for the
appropriate amount of payment. NOTE, the above impacts are not authorized until you
have received notification that your payment has been processed by WRP.
Signature Date
Send to:
Wetlands Restoration Program
NC Division of Water Quality
1619 Mail Service Center
Raleigh, NC 27699-1619
Ph: [phone]
Neuse Buffer Rules
Minor Variance Request Form
Orange County, NC
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 2B .0233)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the rporation, individ al, etc. whisnwns the property):
?;??ll ?-c.e ?ys-rr-?? . ?vr?-?, ???.rz? rl c?-r?.?
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: At??-? le? A?n R ir inm. N
Title:
Street address:
City, State, Zip: 1?„ rs are E tic 2-I 3 t Z
Telephone: (Oki q) air-\-t_. - ?2(a0
Fax: (°??A) Q?-1't ?52cIO
3. Contact person who can nswer ques ons about the proposed project:
Name: sev\ 12?)4P
-
Telephone: Vic) -1?tS - 14KG\
Fax: 0.01) fsCa.2- cb3?1
Email: _' .y Vu2lQ ArrE??u lnonnr?sa?ne?, cm>,\
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, s ecifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
PIN:
Street address:
City, State, Zip:
County:
Latitude/longitude:
er, '1-1 % - 4q 15 2-
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
topographic map indicating the location of the site):
firo,*\ -Twteflae-s .an c5"-r Kl- ?j --70 X31,( b? KU C-,O N -?rv 5? nr
nc1 . ?J,,n )..eXi- Z , TUS en
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
( ,.,aid C)F 'Sv,41 -4zJ'L I1,,_ (t.veA_
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse)]: Qe.- IL N`-kj ? QLJ
Neuse Buffer Rules
Minor Variance Request Form-Orange County

8. Which of the following permits/approvals will be required or have been received for this
project?
Required: Received: Date received: Permit Type:
Land-disturbance Permit-Orange County
401 Certification/404 Permit-DWQ
-v t On-site Wastewater Permit-DWQ
NPDES Permit (including stormwater) -DWQ
Non-discharge Permit-DWQ
Water Supply Watershed Variance
_ S_ Others (specify) a ,,
-
Ile
Others (specify) Volviv
A
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
1. Description of proposed activity [Also, please attach a map(s) 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 total square feet of buffer impact:
C gn5z ?o g w\ dF S,-Ag- Fpr V e 1\?y?h
`bN2--'b Sa. "F- ©'F t5J?1?? ?nr,eAc.: (_ TEA.P0AR(L11 )
.A 2fo c t't oP P A*XAUCA!7 rmiOftr To ?_odJa ;a 3v
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:
Oki ?? A-S c)o5,e_ -ia Sic-??t -F?,e ? A%
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 vegetat%'Z-? enhancement of existing vegetation, etc.):
rCr-r?c?? 1 iVr? aT?
4. 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. -
Neuse Buffer Rules
Minor Variance Request Form-Orange.County
(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 within 60
days of receiving variance approval and prior to the sale of any land.
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 (indi,
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, e, (print or type name of person
listed in PartI, Item 2), certify that the in ormatio 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: 7 l- ez
Title:
Submit one (1) completed copy of this application to:
Orange County Planning & Inspections Department
Erosion Control Division
306-F Revere Road, PO Box 8181
Hillsborough, N.C. 27278
Neuse Buffer Rules
Minor Variance Request Form-Orange County

JOB NAIME
JOB SITE ADDRESS
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HIS WORK NO: I IOURS. 0 am - 5 pill
HER WORK NO: I IOUKS: 0 am - 9 Inn_
RELATIVE NO: I I OURS: 0 am - 5 pm
ACTUAL MILES (ROUNDED) FROM The Humc Pl,uu PRUDt1L I ION 01- 1-IC:
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DATE MAP IS DRAWN: w r?>I'U I.iAI' DRAVJPI BY: , ?; ?, _ L. /) ' )1 ! t

AN 2 STURY GARA(;1.
1-1J2 STORY SPILT-FOYLk I RON I ()I" 1 IN) LN 11:
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