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HomeMy WebLinkAbout20030695 Ver 1_COMPLETE FILE_2003060378' 35°52'30 °'7200°" N, 5 n " 47'3C NI nI "1 ur 222 5C METER 35°45 78° EARTMENT OF THE INT U atia U.S" DUPS. GEOLOGICAL UR EYERIOR science for a changing world CARY QUADRANGLE NORTH CAROLINA 7.5 -MINUTE SERIES (TOPOGRAPHIC) 52'30" Produced by the United States Geological Survey Topography compiled 1972. Planimetry derived from imagery taken 1993 and other sources, Survey control current as of 1973 North American Datum of 1983 (NAD 83). Projection and 1 000 -meter grid: Universal Transverse Mercator, zone 17 2 500 -meter ticks: North Carolina Coordinate System of 1983 North American Datum of 1927 (NAD 27) is shown by dashed corner ticks. The values of the shift between NAD 83 and NAD 27 for 7.5 -minute intersections are obtainable from National Geodetic Survey NADCON software There may be private Inholdings within the boundaries of the National or State reservations shown on this map Landmark buildings verified 1973 tt MN,,,, GN ess" ^151 MILS _ 1 °17' 23 MILS UTM GRID AND 1999 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET SCALE 1:24 000 1 p.5 0 KILDMETERS 1 2 1000 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 D_ 1000 2000 3000 4000 5000 6000 7000 8000 0000 10000 FEET CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 TO CONVERT FROM FEET TO METERS, MULTIPLY BY 0.3048 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U.S. GEOLOGICAL SURVEY, P.O. BOX 25286, DENVER, COLORADO 80225 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST INTERIOR -GEOLOGICAL SURVEY,REST -ON, VIRGINIA -1999 ROAD CLASSIFICATION Primary highway Light-duty road, hard or hard surface ........ improved surface ...... 111 NN c • D Secondary highway hard surface ........ — Unimproved road ...... QUADRANGLE LOCATION Interstate Route U.S. Route ` State Route CARY, NC 1993 NIMA 5255 IV SE -SERIES V842 000 ERS 30" °°'"N a45' H 0* I Southwest Durham 1 2 3 2 Southeast Durham 3 Bayleaf 4 Green Level 4 5 5 Raleigh West 6 New Hill 7 Apex 6 7 8 8 Lake Wheeler NAMES ADJOINING 7.5' QUADRANGLE CARY, NC 1993 NIMA 5255 IV SE -SERIES V842 000 ERS 30" °°'"N a45' H 0* W N 7 W~ N 7 0 I 2 z 5'-0" d z 5,_0" h N N W ~ -L" ~'-L" CASEMENT X W a WITH 12" RE-POSITION-~ 0 TRANSOM a 0 EXISTING ABOVE WINDOW ~ TO MATCH w d 0 EXISTING W 0 w --------------1 1 I 3060 I I 1 I ~ GARDEN , TUB O I I 1 I ~ I I 2'-g^ in 1 I 1 I I I ;r GLASS waLLs I I 1 I J 1 I I 1 BATH I I I I uWJ `t 41" W I I ~ I I I I 0 0 ~ WALL 2._I I = ~ ~ I I = 2"X 10" FLOOR JOISTS ~ in d 0 p z I p z_ ABOVE IL" O.C. i i ~ I F J N ~ , I F I I v v U1 I I - _ X I W - - X 1 I W I I ~ ~ ADJUST POCKET 0 DOOR AND LL I I 0 I I I 1 PLUMBING TO W CLEAR REMOVE EXISTING SLIDING ~ W I I d I I GLASS DOOR AND HEADER ABOVE- D 3._0. in CASE OPENING TO MATCH EXISTING W i Q I I W I I TRIM 12'-0' X 4'-0" I I I I I 8'-10" 13'-0" ~ sKnGHT i9'-8" 5'-0" g~_ EXISTING EXISTING DIMENSION ! EXI: DIMENSION CLOSET DIME EXISTING EXISTING DIMENSION 10'-0" j j DIMENSION I I I I z I 1 I 1 I 1 I 1 1 I 0 ~ I I I O AL N I T I 1 n I ------•...-------I t+l EDGE OF EXISTING HOUSE 1 1 ~ I 1 Q I I j EDGE OF EXISTING HOUSE I I 1 _ 1 24LE1 POCKET ~ 1 1 I 1 - N 131 2"X 10" WOOD ~ ----------°_--I 3080 ~ ~ 1'-O" X 4'-0" I 1 1 I ~ ~ (DROPPED) GIRDER I I 1 N I I 1 p I I I SKYLIGHT i 10'-0" 1 I I I 1 I ( I 1 1 - I I I I I I ~ ~ 30L8 I I I I 1 1 I Q 1 I + I I i I 1 it " i ' 1 I I 0 1 1 1 I I I -I I I I 4 ~ ~ 21'-~" ~ I I I u° I I I U 1 I r I 4" 1 I ~ I 1 I - ~ 2"X 10" FLOOR JOISTS I I CENTER SKYLIGHT I 1 co ON EXISTING I i KITCHEN BEDROOM r I I 1 X i ABOVE IL" O.C. ~ I I - - / ~ I WINDOW Q' 0 I fY ~ ~ . I I 0 1 Ill OD , / ~ I I I Q ~ I 1 AREA _n 9y - 1 ~ ~ / / ~ I I ~ I 0 N ~ ~ ~ . I I - VyP 1 1 ~ / ~ I I 1 - / / ~q I / / ~ ~ I 1 1 ~ ~ ~ ~ I 1 I 1 y~ I 1 1 / i I I e ~ ~0~ ~0,, t' 1 1 I i i O. ` ` I I I ,,0 I I I ' ~ 1 ~ I I ~ ~ ~ I 1 ~ ~ L------------------------------ a ~__-__-_---_------_---J 1 I I ' q5 I 1i60 ZL60 ' -r---°------------•~-------~ I CASEMENT TREATED lU 0 D D CASEMENT TREATED WOOD W/11'~ RANSOM ABOVE DECK 3'-4" W NDO RANSOM ABOVE I DECK ABOVE ' MATCH MATCH EXISTING- 5'-L" EXISTING- I I SEE $UILDER SEE BUILDER - s'-lo" 3'-4" II'-II" 15'-3" 15'-3" SCALE: I/~"=1'-0" SCALE: 1/~"=1'-0" 606 SQUARE I=FFY-HEATED I 0 I 12 ~~_ASPHALT SHINGLES ~ TO MATCH EXISTING EXISTING FLOOR/CLG. SYSTEM NOTE: SET BOXING FLUSH I 0 BOXING (STING I~_L" ® ® I'-L" Q TYP. + ~ TYP. . 0 OQ i~ O TREATED WOOD - ~ MILLED 2"X 4" TOP O RAIL 2 J q STAINLESS 3 STEEL OR GALVANIZED CABLE-SPACED EXTERIOR SIDING AND TRIM TO MATCH EXISTING PER CODE NEW FLOOR SYSTEM BRICK VENEER TO MATCH EXISTING FOUNDATION VENEER SCALE: I/~"=1'-0" SCALE: I/~"=1'-0" ~1 A BRUCE 01~22~05 ~ ~ 7~Y ~ I I ~ I I /TM wl}1 uA.- i Ai i I i ii xu4-A-- I III I" IN L.01 DESIGN HEATHER RESIDENTIAL REEVES 102 WHEATSSURY 1501 CREEDMOOR ROAD SUITE 116 DRIVE RALEIGH, NORTH CAROLINA 2-1613 CARY, N.C. 919.810.120office 919-810-1198fax ANDREA HOMES _ CF W ATFR ?4? QG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 24, 2005 Bruce and Heather Reeves 102 Wheatsbury Drive Cary, NC 27513 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 03-0695 Wake County Page 1 of 2 Subject Property: 102 Wheatsbury Dr., Cary, NC (lot 68, Section 3, Sherborne S/d) Turkey Creek [03-04-02, 27-33-2, C NSW (nutrient sensitive)] Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)J Modification of Approval dated June 24, 2003 , Dear Mr. Reeves: You have our approval, in accordance with the conditions listed below, to impact approximately 756 square feet (ft2 ) of Zone 2 of the protected buffers to construct a home addition and deck at the subject property as described within your variance request dated March 31, 2005 and received by the Division of Water Quality (DWQ) on April 1, 2005 and all additional information submitted and received on May 13, 2005. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Buffer Mitigation Plan You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers was calculated to be 1,134 square feet (sf) as required under this Variance Approval. You shall submit a mitigation plan as required under 15A NCAC 02B .0242 to this office for approval. The mitigation plan shall be approved by the DWQ before any of the impacts approved under this Variance Approval occur. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 N°ne Carolina turu!!y Reeves Page 2 of 2 5/24/05 Mitigation plans typically proposed include Buffer Restoration or Enhancement [ 15A NCAC 02B .0233(9)] or Payment into the Riparian Buffer Restoration Fund [15A NCAC 02B .0233(7)]. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B.0233(5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or.applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Requests for appeals of this decision shall be made to the Office, of Administrative Hearings. 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 Minor Variance Approval shall expire five (5) years from the date of this letter. 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 Ms. Deborah Edwards at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. Sincerely, 4-41?K Alan W. Klimek, P.E. AWK/dae Enclosures: Certificate of Completion cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files 030695BruceReeves(Wake)MiV MEMORANDUM TO: John Dorney Regional Contact: E. Kulz Non-Discharge Branch WQ Supervisor: K_ Srhimter Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Bruce Reeves County Wake Project Number 03 0695 County2 Recvd From APP Region Raleigh Received Date 6/3/03 Recvd By Region Project Type residential deck Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. NBRO Buffers O 1' _0N ? 27-33-2 F C NSW 30,402. 0.00 Mitigation Wetland MitigationType Type Acres Feet Buffer restoration Butt Crs 71 F_ F F_ Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y p N Recommendation: Q Issue O Issue/Coed O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: 4/18/05 Homeowner requesting a minor variance for a house addition and deck. Based on survey, the proposed addition and deck will be close to Zone 1. 1 recommend putting this eject ON HOLD and having the homeowner contact me to flag the buffer zones to ensure no encroachment into Zone 1. EWK cc: Regional Office Central Office Page Number 1 imap:Hdebbie. edwards%40dwq. derv. ncmail.net@cros.ncmail.net:143/... Subject: 03-0695 Reeves From: Eric Kulz <eric.kulz@ncmail.net> Date: Thu, 12 May 2005 10:34:52 -0400 To: 'Debbie Edwards' <debbie.edwards@ncmail.net> Debbie: Went by and looked at the Reeves residence today. They were very nice. We ran a tape to look at the Zone 1-Zone 2 boundary, as well as measured off the proposed deck footprint. The edge of the deck is six feet out from Zone 1, so there should be no problem there. The house addition and deck were recalculated by Bruce to be 756 SF, which seems about right, taking into account the existing deck footprint. The gutters are to be routed to discharge outside the buffer. Zone 1 in there yard is already nicely vegetated (as opposed to others on that street), and Bruce says they plan to put in more. I reviewed the additional information he provided and talked with him about what a variance is and their specific project. Ms. Reeves is 7 months pregnant, and they want to add the living space to the house, vs. buying a new house. I have no problems with their project, and recommend going ahead and issuing the variance. My comments are on FileMaker. Give me a call if you have any questions, Eric Eric Kulz <Eric.Kulz(ancmail.net> Environmental Specialist III NC Division of Water Quality Surface Water Protection 1 of 1 5/24/2005 5:50 PM 102 Wheatsbury Dr Cary NC 27513 USA Cell (919) 523 2721 Email breeves1@us.ibm.com Bruce & Heather Reeves . a,, §@ D MAY 13 2005 May 6, 2005 Cyndi Karoly, DWQ, Raleigh Regional Office Filename: 030695Reeves(Wake)hold Please see the enclosed in response to your request for further information. Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC. Addition information for incomplete application: Variance Request Form - for Minor Variances Part 1: General Information DENR. ywAV tK 3A1 VMTI.ANDS AND S fORI _ _. ,gym 4 .s %j C> f 1 -r l S _ I r 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): From the intersection of Davis & High House in Cary, NC travel south on Davis for about 1 mile, turn left (east) on Waldo Rood & second left (north) into Bradwyck. Wheatsbury Dr is the next left, number 102 is on the right. See attached USGS map. Part 2: Proposed Activity 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 ftz.]: Proposed new activity includes 606 square feet of heated home addition & 290 square feet of newly constructed deck. Note some of the existing home & deck are located in Zone 2. 756 square feet of the above new home addition & new deck falls within the zone 2 riparian buffer. Also see attached site plan. 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: The existing home is set back on the property away from the street. The rear of the home & the deck are within a few feet of the Zone 2 buffer. The sides of the home are within a few feet of the Town of Cary mandated set-backs as is the front of the home. Thus the only reasonable alternative for construction on the property is within the Zone 2 riparian buffer 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.): Any water runoff from the home addition impervious roof shall be contained by roof gutters & these gutters shall be graded to fall to the street side of the home, away from the creek. This would enable any runoff to have additional diffuse flow prior to entering the creek. Additionally the existing woody vegetation & shrubs within the riparian area would be complemented with additional plantings so that a density of 320 plants per acre is achieved. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. If construction was to be confined to outside of Zone's1 or 2 the resulting additional square footage gained during the construction process would be insufficient for the needs of our growing family. As a result we would have to place our existing home on the market & purchase a larger residence. (2) How these difficulties or hardships result from conditions that are unique to the property involved. The existing home is confined on the sides by the Town of Cary mandated setbacks & at the front of the home by a similar Town of Cary mandated setback. The existing home is within 2 to 3 feet of these setbacks. The rear of the home is located some way from the Town of Cary mandated set back but immediately adjacent to the Zone 2 riparian buffer. In light of the above it would seem that the approval of a Minor variance (Zone 2) would enable the propose contruction to proceed. (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. The cost to construct an additional 605 heated square feet (existing home is 2320 square feet) would be $80 000 (Building estimate), resulting in a new home valuation of $400 000 (professional property evaluation already undertaken based on plans). However to purchase a new home of roughly 3000 square feet of comparable quality would be in excess of $500 000. Thus if the strict application of this rule is applied the cost to our family would be in excess of $100 000 if one includes any Real Estate brokerage fees. If there is any additional information you require, please do not hesitate to contact me. Regards C ac dc/1' cc: Eric Kulz, DWQ, Raleigh Regional Office ?O?C W A TF9Q Michael F. Easley, Governor ?? G William G. Ross Jr., Secretary ?- North Carolina Department of Environment and Natural Resources p -? Alan W. Klimek, P.E. Director Division of Water Quality April 18, 2005 DWQ Project # 03-0695 Wake County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REOUESTED Bruce Reeves 102 Wheatsbury Dr. Cary, NC 27513 Subject Property: 102 Wheatsbury Dr., Cary, NC (lot 68, Section 3, Sherborne SD) Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] REQUEST FOR MORE INFORMATION Dear Mr. Reeves: On April 1, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your application dated March 31, 2005 regarding your request for a Minor Variance from the Neuse Buffer Rules (15A NCAC 2B.0233) for the subject property. The Division of Water Quality (DWQ) is required to prepare a "preliminary finding" /"finding of fact" as to whether the variance request meets the requirements of 15A NCAC 02B .0233(9)(a). The DWQ may attach conditions to a variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually include stormwater management and buffer mitigation. Additional information will be required before we can proceed with the review of your variance request. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this additional information. Additional Information Requested: 1. Your application is incomplete, please complete Part 1, number 6 and, Part 2, numbers 3 (stormwater?), 4(1), (2), and (3). DWQ needs to determine a "preliminary findings" as to whether the variance request meets requirements of the Neuse Buffer Rule; Part 2 of this application is necessary in order to make this determination. 2. Please call Eric Kulz of the Raleigh Regional Office at 919-571-4700 for a site visit, it is unclear by the scale and size of your map if there will be encroachment into Zone 1 of the riparian buffer for either the construction of your project or the completed project. In addition, you will. need to provide a detailed site development plan depicting the location of Zone 1 and Zone 2 of the protected buffers and the area of impact to the buffers in square feet. 401 Wetlands Certification Unit - 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: htta://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/100/6 Post Consumer Paper DeUte ---&3 gSaZ None Carolina Ntura!!y Bruce Reeves Page 2 of 2 4/18/05 3. The residential design provided indicated that there will be 606 square feet of heated area, this does not include the "treated wood deck", this area of impact needs to be calculated and included in the square footage requested in question 2 above. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and to Eric Kulz of the DWQ Raleigh Regional Office at 919-571-4700. If we do not hear from you in writing within three weeks, we will assume that you no longer want to pursue your variance request and we will consider the request as withdrawn. Please call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. Sincerely, di Karoly, 401 Oversight/Express Permitting Unit CBK/dae cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Filename: 030695Reeves(Wake)hold Nl,t NO USE ROAD ' _LF&E +'D EIS -EXISTING IRON STAK EIP - EXISTING IRON PIPE R/W - RIGHT OF WAY t4,461,11 ,.#'-? CARbL+?•• .0 4 .••'•.••,•'• l ?+• _?;'I'•.,$ 1 HEREBY CERTIFY THAT THIS PROPERTY IS NOT IN A Q?tEER SPEFLOW CIAL FiMt1 1Q]I ERAI BURY q 04EA 8M -BOOK OF MAPS JEAL : 1 HUM CERTIFY THAT CIS SEIRIIEY CDmK s YATH M p O pRlV>s PO - PAGE S - SUBDIVISION L~2792 $ TH CAWMA STAMAFDS OF PRACDCE FOR RAN SIX BjRIAVE iP? - IRON PIPE SET ?;' ,? D • • (TRAM NOT BN ANGE1t lfrq ADO REF - REFERENCE • ? 'Z M ••.."...••' • ?? ROO 8L !? D$ - DEED BOOK _ CENTERLINE S ? •y L N s°? `?+u+wae °? T NOT PREPARED r(R FMMRDApW -4111 mAr to 1?? Nc GR/O $Att JFg Nop? ,,! q SHDWORINE S/V p? ??s+s`?o ?? BM 1997 PG 200 ?W RIP-RAP DRAINAGE DITCH 5.58• ....? ?. 112'EIP 83.3 1 • 1 t j2 EiP -~° =-."_---- SEbI£RLINE MANHOLE -- -- _ , 20' SEWER EASEMENT ? _ Z FRAME D IVELLING LOT 69 ` HOUSE NO. roe LOT 67 • • PORCH i . N ?? Y '^ 1Y c v _ 7FL TEL • : - :,:: PED TRANSFORMER CAN PED a C-f -'-- Ni3'29 26 W 112" ElP r 112"EIP /? J/2"EGO J2 s ~ NAIL dr CAP SET ' ` CENTERLINE (REF) 1 44.7 S13 -3 8' 15=E -A 2: o - _ 7 _ r CENTERLINE W EA TWURY DRIVE MAIL AP SET SG'' PUBLIC R./li? t'cSEC of (REFERENCE' LOT SHOW IS: LOT 68 30' 0' 15' 30' 60' f USGS S. DEPARTMENT OF THE INTERIOR V V U.S. GEOLOGICAL SURVEY srbre b??'MnBI^9 wrM -F I ,/4y ? r CARY QUADRANGLE NORDICARODNA 7.5.MINO SLRILS (TOV GMP111C, -46 4 , t ? ?.1 ld iAs i? - ?0? \ NA TF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary ?- North Carolina Department of Environment and Natural Resources y .? Alan W. Klimek, P.E. Director Division of Water Quality April 18, 2005 DWQ Project # 03-0695 Wake County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REOUESTED Bruce Reeves 102 Wheatsbury Dr. Cary, NC 27513 Subject Property: 102 Wheatsbury Dr., Cary, NC (lot 68, Section 3, Sherborne SD) Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] REQUEST FOR MORE INFORMATION Dear Mr. Reeves: On April 1, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your application dated March 31, 2005 regarding your request for a Minor Variance from the Neuse Buffer Rules (15A NCAC 2B.0233) for the subject property. The Division of Water Quality (DWQ) is required to prepare a "preliminary finding" P'fmding of fact" as to whether the variance request meets the requirements of 15A NCAC 02B .0233(9)(a). The DWQ may attach conditions to a variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually include stormwater management and buffer mitigation. Additional information will be required before we can proceed with the review of your variance request. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this additional information. Additional Information Requested: 1. Your application is incomplete, please complete Part 1, number 6 and, Part 2, numbers 3 (stormwater?), 4(1), (2), and (3). DWQ needs to determine a "preliminary findings" as to whether the variance request meets requirements of the Neuse Buffer Rule; Part 2 .of this application is necessary in order to make this determination. 2. Please call Eric Kulz of the Raleigh Regional Office at 919-571-4700 for a site visit, it is unclear by the scale and size of your map if there will be encroachment into Zone 1 of the riparian buffer for either the construction of your projector the completed project. In addition, you will. need to provide a detailed site development plan depicting the location of Zone 1 and Zone 2 of the protected buffers and the area of impact to the buffers in square feet. 401 Wetlands Certification Unit 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: httr)://h2o.enr.state.nc.us/ncwetlands None Carolina tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 102 Wheatsbury Dr Cary NC 27513 USA Cell (919) 523 2721 Email breevesl@us.ibm.com March 31, 2005 Deborah Edwards, DWQ, Raleigh Regional Office Please see my enclosed application for a Minor Variance for Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC. A Minor Variance was approved in 2003 - DWQ # 03-0695, see enclosed copy - for this property, an impact of approximately 190 sq2 in Zone 2. We never constructed the proposed deck extension & thus the variance was never acted upon. However in anticipation of the above we did plant a number of tree's & natural grasses, see enclosed photographs from 2003 & 2005, to mitigate the building of the proposed deck extension. Then in late 2004 Bob Zarzeki, of your office, visited our property again as my wife & I had decided to now add a sunroom & new deck to the back of the existing house. He voiced approval of our proposed plans & stated in mitigation our new plantings of 2003. He also stated that for further mitigation additional plantings should be done in Zone 1 & that the gutters on the new addition should run to the front of the house, away from the creek, so as to ensure maximum ground penetration of water runoff. These new house addition plans, showing an approximately 600 sq2 impact on Zone 2, are now with Mr. Austin at the Town of Cary & await a letter of approval by the Division of Water Quality. See attached house & plot plans. If there is any additional information you require, please do not hesitate to contact me. Regan Bruce R12@20 W OR APR 0 1 2005 DEAR - WATER OUALI?Y WETLANDS AND STORMWATER BRANCH 5. Project Location: StrPPt aridre?s > ??,? OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality ? uV Variance Request Form - for Minor VDiwlacles Protection and Maintenance of Riparian Areas Rules WAtEROUn??R?,gt NOTE. This form maybe photocopied for use as an original. WMANDS AND gTOR Please identify which Riparian Area (Buffer) Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applic 4's name (the ?rprporation, individual, etc. who owns the property): 2. Print Owner/Signing O ial (person I ally responsible for the property and its compliance) Name: _ C??'?- 1( oC??Yl? Title: Street address: City, State, Zip: Telephone: Fax: 3. Contact person who can answer questions about the proposed project: Name: i Telephone: C, _'_y lie, Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specificationsJetters, operation and,ippinteyance agreements, etc.): t Version 2: November 2002 .... ? ._... 112'ElP LOT 89 a o e SHERBORNE SA o RM 1997 PG 200 )JI RIP-RAP DRAINAGE" DITCH 83.31 111-441 1 1/2 Elf SEWER= ? == :===C INE MANHOLE 20' ,SK** EASEMENT 1 CA TV 1/2"EIP 44449,&F C? PORCH 9' 11.1 S07'26'07"E 5.56' Qlk?j Lie x ?fu. I v? LOT 67 ZZ v( ? N APR 01 7 a' 2005 ` w , yf ? ?- WATER•pUALIIY !i.'.-.z,. ..f ANDSTpRMWgTF?®?? 4 O! TEL TFI_ PED TRANSFORMER PFD C-i - N13'29 26 W 1/2"EIP ??No 1 /2 -EIP -?24- NAIL & CAP SET -- t 44.78 St 3"33'15E -- CENTERLINE (REF) o EA 7WURY DRIVE INTER ECRON OF CENTERLINE 50' PUBLIC " (REFERENCE) LOT SHOWN !S: LOT 68 SECTION 3 SHERBORVE SID BY 1995 PG 1599 30' 0' 15' 30' 60' GRAPHIC SCALE (1'=30') CURW DATA TABLE CURVE RADIUS ARC DELTA CHORD CHORD BEARING C-1 125.070' 18.21' 08'20'43" 18.19' N1711'32"W 'PROPERTY OF M. M. WEEKS LAND SURVEYING BRUCE REEVES AND +??} P 0. BOX 4484, C?If+'Y, NORM CA??OLtNA 27519-"4494 EEA= REEVES 4J (919)489-1008 CARY WAKF_ COUNTY NOFTH CAROLINA. DA7E. AUG, 27, 2001 SCALE.• 1"---30- JOB NO. 4709-01 i U.S. DEPARTMENT OF THE INTERIOR U(\?GSC C?V?]4V U S. GLOLOGICALSI1RVIl scMre bnMrgYq nvrM 2s s. ....1 qnQ G S\+b ` r\ i t 11 4' I { t CARY QUADRANGLE N0R 11 CAROUNA 7.5-MINtIM SERIES JOPOGR 'IIIC) ;dJKT??? t 1 a 1 I,?V b ?` vi' 5, ;? '?`-?1 f ?,? V a ?+, `?? t {w? 1a,., ?I /aft 11? K- ti ;• y - g , _ i rr 1 ? ,? ?.? i ???? ??( ?., ?r h ? $ k ?,`•?+tj ?,? x' ? ?, ??, k it t?LV `'? ? ?' ?'l ? ?. ft I f • vzv nr .[ [ s vs sp s vl 5s •) ao m'S6.45' Produced Dy the U.ued Slxles Geological Survey SCALE1:24000 x c ` rea 11-111.dlyr2. newmmrvd.n.N from tr•+x•rv , of a NLn" , unln n ivia lyQl.od wl...o...... sw+ev..•nolc,,,.e.lr.l w_ ,wa a wi __.- ? m ?v i us e z 1 a I. bom a m, .1 '. +'•° -. .-- ?° ou.ouweurwnox lau .ur. R=u. is. x.... s R..,. ?eitr4euee aol me i e I.mm.rs 6wu.x...em.d ivrs n. n. m.> u.?,xn, nx nrrexvwrmn ro[:nmmnr.xDn rnTm s.nuinnv av ososs sµ •••, CARY. NC r [,x +,.I s. c??a ocicn suxyrr.vO. B01(t44B6. DF1dVER.COLORADOM24s e ' M3 ` nF W A Q 1 t? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 18, 2005 CERTIFIED MAIL: RETURN RECEIPT REOUESTED Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 03-0695 Wake County Page 1 of 2 Bruce Reeves 102 Wheatsbury Dr. Cary, NC 27513 Subject Property: 102 Wheatsbury Dr., Cary, NC (lot 68, Section 3, Sherborne SD) Turkey Creek [03-04-02,27-33-2, C NSW (Nutrient Sensitive)] REQUEST FOR MORE INFORMATION Dear Mr. Reeves: a On April 1, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your application dated March 31, 2005 regarding your request for a Minor Variance from the Neuse Buffer Rules (15A NCAC 2B.0233) for the subject property. The Division of Watet Quality (DWQ) is required to prepare a "preliminary finding" /"fording of fact" as to whether the variance request meets the requirements of 15A NCAC 02B .0233(9)(a). The DWQ may attach conditions to a variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually include stormwater management and buffer mitigation. Additional information will be required before we can proceed with the review of your variance request. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this additional information. Additional Information Requested: 1. Your application is incomplete, please complete Part 1, number 6 and, Part 2, numbers 3 (stormwater?), 4(1), (2), and (3). DWQ needs to determine a "preliminary findings" as to whether the variance request meets requirements of the Neuse Buffer Rule; Part 2 .of this application is necessary in order to make this determination. 2. Please call Eric Kulz of the Raleigh Regional Office at 919-5714700 for a site visit, it is unclear by the scale and size of your map if there will be encroachment into Zone 1 of the riparian buffer for either the construction of your projector the completed project. In addition, you will. need to provide a detailed site development plan depicting the location of Zone 1 and Zone 2 of the protected buffers and the area of impact to the buffers in square feet. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1766/ FAX 919-733.66931 Internet: htto://h2o.enr.state.nc.us/ncwetlands None Carolina tardy An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Bruce Reeves .Page 2 of 2 4/18/05 3. The residential design provided indicated that there will be 606 square feet of heated area, this does not include the "treated wood deck", this area of impact needs to be calculated and included in the square footage requested in question 2 above. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and to Eric Kulz of the DWQ Raleigh Regional Office at 919-571-4700. If we do not hear from you in writing within three weeks, we will assume that you no longer want to pursue your variance request and we will consider the request as withdrawn. Please call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. Sincerely, C?ndi Karoly, 401 Oversight/Express Permitting Unit CBK/dae cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Filename: 030695Reeves(Wake)hold 102 Wheatsbury Dr Cary NC 27513 USA Cell (919) 523 2721 Email breevesl@us.ibm.com March 31, 2005 Deborah Edwards, DWQ, Raleigh Regional Office Please see my enclosed application for a Minor Variance for Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC. A Minor Variance was approved in 2003 - DWQ # 03-0695, see enclosed copy - for this property, an impact of approximately 190 sq2 in Zone 2. We never constructed the proposed deck extension & thus the variance was never acted upon. However in anticipation of the above we did plant a number of tree's & natural grasses, see enclosed photographs from 2003 & 2005, to mitigate the building of the proposed deck extension. Then in late 2004 Bob Zarzeki, of your office, visited our property again as my wife & I had decided to now add a sunroom & new deck to the back of the existing house. He voiced approval of our proposed plans & stated in mitigation our new plantings of 2003. He also stated that for further mitigation additional plantings should be done in Zone 1 & that the gutters on the new addition should run to the front of the house, away from the creek, so as to ensure maximum ground penetration of water runoff. These new house addition plans, showing an approximately 600 sq2 impact on Zone 2, are now with Mr. Austin at the Town of Cary & await a letter of approval by the Division of Water Quality. See attached house & plot plans. If there is any additional information you require, please do not hesitate to contact me. Regan Bruce EIR@WWO P APR 0 1 2005 DENR . WATER QUALITY WETLANDS AND STORMWATER BRANCH OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources D Division of Water Quality j@?av 9 D Variance Request Form - for Minor VDi cles Protection and Maintenance of Riparian Areas Rules - NOTE. This form may be photocopied for use as an original. v4snoNp WI) STORMWfk-- Please identify which Riparian Area (Buffer) Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicg,*'s name (the,rprporation, individual, etc. who owns the property): 2. Print Owner/Signing Name: _ Title: Street address: City, State, Zip: Telephone: Fax: I (person IpWIly responsible for the property and its compliance) 3. 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 plcIns, spgcifications,J.etters, operation and_Mpintepance agreements, etc.): _i _ , Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 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): 7. Stream to be impacted by the proposed activity: Stream name (fppupnamed streams label as "UT" to the nearest named stream): Stream classification TaHdentified 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 W.]: c b On 6"K V CAVe-IL -P C'® Q ' 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: Variance Request Form, page 2 Version 2: November 2000 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.): 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. (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. tK C 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: Q 0__ Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 I, Cu t-?L QC. (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: Title: Variance Request Form, page 4 Version 2: November 2000 o e SNERBARNE SIP RM 1997 PG 200 )' V ?12 061 RIP-RAP DRAINAGE" DITCH oa.af of f 4g I i t 1/2"6r SEWERIJNE MANHOLE 20' .S5?6 EASEMENT ...-I4449 --&F. S07*26'Q7"E .56' 112`E1P V_ LOT 69 Huu,St /Vu. ' u` l LOT 67 PORCH N D s.s ?____? : •.?;._ APR 0 l 2005 j v • ; ? = ft auns° A,p ? gALjrY . Q TEL TFL PED TRANSFORMER CA TV PED 51 7Q' ... Q _ ..? .... C-1 -- N13'29 26 W r/2 "ErP - No s 2 ?S Z?, 112 -EIP 1/2 F/P NAIL & CAP SET `? CEN TERLINE (REF) t 44. I8' St 3"33'155^E V EA TSBURY DR/VLF WER ECnOW OF CENTERLINE 50' PUBLIC R/W ('REFERENCE) LOT SHOWN IS. LOT 68 3a' 0' 15' 30' 6C' SECTION 3 SHERBORNE SID GRAPHIC SCALE t1'-30'> B4! 1995 PG 1599 CURVE DATA TABLE CURVE RADIUS ARC DELTA CHORD CHORD BEARING C-1 125.00' ; 18.21' 08'20'43" 18.19' N1711'32"W .PROPERTY OF M. M. WEEKS LAND SURVEYING BRUCE RUM AND L P.O. BOX 4494, r- RY, NORTH CAR01MA 27519-44494 H& TM HEVES (919)89-1008 CARY WAKF_ COUNTY NOFTH CAROLINA DA 7F: AUG. 27, 2001 SCALE: 1'-30' JOB NO. 4709-01 Uj fT', William G. Ross, Jr., Secretary -i Department of Environment and Natural Resources Q 'C Alan W. Klimek, PE, Director Division of Water Quality June 24, 2003 Bruce & Heather C. Reeves 102 Wheatsbury Drive Cary, NC 27513 (919) 463-7602 [FAX] Subject Property: Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] DWQ # 03-0695 Wake County Page 1 of 2 APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] Dear Mr. & Mrs. Reeves: You have our approval, in accordance with the conditions listed below, to impact approximately 190 square feet (ft2 ) of Zone 2 of the protected buffers to construct approximately a 10' x 23' slated deck at the subject property as described within your variance request dated June 3, 2003. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and are thereby responsible for complying with all conditions. For this approval to be valid, you must follow any conditions listed below. Conditions: 1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B.0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 213 .0233(5). No direct discharge of stormwater or piping through the buffer is allowed. 3. Buffer Mitigation / Additional Plantings - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 285 square feet as required under this variance approval. The DWQ has determined that you may satisfy this mitigation requirement by planting at least two (2) native woody trees and four (4) woody shrubs within the retained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees and shrubs have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. If planting the required trees and shrubs as described above is not feasible, then you may choose to propose a payment into the Riparian Buffer Restoration Fund administered by the Wetlands Restoration North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ Program as per 15A NCAC 02B .0242(7) to satisfy the required mitigation area of 285 square feet. If you choose to make this payment in lieu of the plantings, then send a written request (not payment) to the Wetlands/401 Unit and copy the Raleigh Regional Office. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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, Alan W. Klimek, PE, Director, DWQ cc: Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files DWQ 030695 bz June 24, 2003 44� a* woof "'At <. i i ?C. C cc I I f 71 , n e ?4$ c ' r y z. " U'r " r + s n a 7r' y ' v a l , z ?y .Z ^Y r ? J ` 5 x. _ 5 c . 8. M _, . ^ . ».. i ?.. r 44 v 6 r r. 102 Wheatsbury Dr Cary NC 27513 USA Cell (919) 523 2721 Email breeves1@us.ibm.com 95 050500 March 31, 2005 Deborah Edwards, DWQ, Raleigh Regional Office Please see my enclosed application for a Minor Variance for Lot 68, Section 3, Shenbome SD, 102 Wheatsbury Drive, Cary, NC. A Minor Variance was approved in 2003 - DWQ # 03-0695, see enclosed copy - for this property, an impact of approximately 190 sq2 in Zone 2. We never constructed the proposed deck extension & thus the variance was never acted upon. However in anticipation of the above we did plant a number of tree's & natural grasses, see enclosed photographs from 2003 & 2005, to mitigate the building of the proposed deck extension. Then in late 2004 Bob Zarzeki, of your office, visited our property again as my wife & I had decided to now add a sunroom & new deck to the back of the existing house. He voiced approval of our proposed plans & stated in mitigation our new plantings of 2003. He also stated that for further mitigation additional plantings should be done in Zone 1 & that the gutters on the new addition should run to the front of the house, away from the creek, so as to ensure maximum ground penetration of water runoff. These new house addition plans, showing an approximately 600 sq2 impact on Zone 2, are now with Mr. Austin at the Town of Cary & await a letter of approval by the Division of Water Quality. See attached house & plot plans. If there is any additional information you require, please do not hesitate to contact me. Regan Bruce ?D D APR 0 Y 2005 ?s?tos''t u 0 U ? n tl OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality APR 0 1 2005 Variance Request Form - for Minor Vad"A , WUATA RANCH Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) s name (the pprporation, individual, etc. who owns the property): 2. Print Owner/Signing Name: _ Title: Street address: City, State, Zip: Telephone: Fax: (person Dally responsible for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Name: a Telephone: ??- Fax: () Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on p172', specifications, letters, operation and ainte ance agreements, etc.): Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 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): 7. Stream to be impacted by the proposed activity: Stream name f? named stre s label as "UT" to the nearest named stream): ? /f k- r'?ar IL- Stream classification Tas-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.]: -P C'e r 0110 CAL mil' ? C? g!i 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: Variance Request Form, page 2 Version 2: November 2000 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.): 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. (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. e\ C, 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 Variance Request Form, page 3 Version 2: November 2000 I, C U e Qe L:esc-l, (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 art 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Variance Request Form, page 4 Version 2: November 2000 o Q SNf_RBORNE SA 4a P,M 1997 PG 200 Q_ RIP-RAP DRAINAGE DITCH .? t/2"E1P 83.31 11'4 ?1? 0 ElP SEWERLINE MANHOLE Se? EASEMENT /[,?tr4f,q m 11.1' LOT 69 S07'26'07"E 5.56' 1/2 "EIP I C6 04 LOT 67 PORCH 04 s' b' I i . Q: TEL TEL PED TRANSFORMER CA TV PED 511,70' c-•1 Nl3'29 26. W 112"E1P „. NQ d -.?2s z8. 112 "EIP 112 EIP W 1 NAIL & CAP SET ? CENTERLINE (REF) 144.78' s1333'15"E o--- --- -- V WEA TSBIJRY DRIVE INTERSECTION EF CENTERLINE 50' PUBLIC k/W (REFERENCE) LOT SHOWN /S• LOT 68 SEC 770N 3 SHERBORNE SID BY 1995 PG 1599 30' 15' 30' 60' GRAPHIC SCALE Wz-30') CURW DATA TABLE CURVE RADIUS ARC DELYA CH4R_D CHORD BEARING C--1 125.00' 18.21' OS"20'43" 18.19' N17'11'32"W 'PROPERTY OF M. M. WEEKS LAND SURVEYING BRUCE RUVES AND P.O. BOX 4494, GARY, NORTH CAROL17VA 27519--4494 J M 7MR REEYES ? (919)469-1008 CARY WAKE COUNTY NORTH CAROLINA DATE: AUG. 27, 2001 SCALE: 1'-.30'1,106 NO. 4709-01 i William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality June 24, 2003 DWQ # 03-0695 Wake County Page 1 of 2 Bruce & Heather C. Reeves 102 Wheatsbury Drive Cary, NC 27513 (919) 463-7602 [FAX] Subject Property: Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 213 .0233(9)(b)] Dear Mr. & Mrs. Reeves: You have our approval, in accordance with the conditions listed below, to impact approximately 190 square feet (ft2 ) of Zone 2 of the protected buffers to construct approximately a 10' x 23' slated deck at the subject property as described within your variance request dated June 3, 2003. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and are thereby responsible for complying with all conditions. For this approval to be valid, you must follow any conditions listed below. Conditions: 1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWO. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B.0233(5). No direct discharge of stormwater or piping through the buffer is allowed. 3. Buffer Mitigation / Additional Plantings - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 285 square feet as required under this variance approval. The DWO has determined that you may satisfy this mitigation requirement by planting at least two (2) native woody trees and four (4) woody shrubs within the retained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees and shrubs have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. If planting the required trees and shrubs as described above is not feasible, then you may choose to propose a payment into the Riparian Buffer Restoration Fund administered by the Wetlands Restoration North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/newetiands/ Program as per 15A NCAC 02B.0242(7) to satisfy the required mitigation area of 285 square feet. If you choose to make this payment in lieu of the plantings, then send a written request (not payment) to the Wetlands/401 Unit and copy the Raleigh Regional Office. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 1506 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, /Alan W. Klimek, PE, Director, DWQ cc: Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files DWQ 030695 June 24, 2003 bz W a a � .. � n � i v. SII r' a a =z ?. C;': - 1 S `L { n L ?i C _ t Kz w. z r+w. o- .. Y f E_ z R4 x x„ f d . a ?? ? ? ? ? gee 9 "'? ? ? Pu ? ,5 1? t ? ;,t < r 102 Whentsbury Dr Cary NC 27513 URA Home Pbone/Fax 1 (919) 463 7602 EwwA bnlCac,rrcom Fax Ta: Bob Zarzecki 0%90,696 Frmm Bruce Reeves Fax; 919 733 6893 Dates June 3, 2003 Re: Deck construction rages includg cover nott 5 Bob Here are the documents. Phone me at 91 9 523 2721 if you need anything further, ?i Regards Bruce Reeves Zd WdSb:SO 200E 20 'unt z09z 29b 6ti6 Z : 'ON Xtid S?In33d d3Hid3H T 3onaa : WOdd 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 (Buffer) Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) u Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 028.0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Appii nt's name (t corporation, individual, etc, who owns the property): 2. Print Owner/Signing O vial (person le ily responsible for the property and its compliance) Name: Title: _?Q?.-..... ,.....{.? _ .,,........-- --- Street address: City, State, Zip: Telephone: °i1?7 j t? C3 Fax: (?° r;-?e,fo -..... -__._.. r.. ?....__ - ..,..... 3. Contact person who can answer questions about the proposed project: Name: Telephone: .,....... _lrfi>?v e . --- ,.,... __--__ ........ - Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Ed Wd9V : S0 200E 20 -un f E09L 29b 6Z6 ti : 'ON Xtid S3n33 1 N3HiUEH '8 3onaa : WOdd 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude- 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): 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 (Neuse) or.0316 (Tar-Pamlico)]: .0315 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 W.]: __ ?Q...,...... ..:......... ...................._? ??.... _ QrC r ............. _._._..__._.-_---- - _....T.. 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: Variance Request Form, page 2 2d Wdgp : S0 200E 20 ''ant Z09Z 29b ST6 T : 'ON Xbd S9(l39i'I NBH1U9H T 3Dnds : WO6d 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.): _.4 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. (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 Dart 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 Variance Request Form, page 3 k -- /SAAR bd WdZb : S0 200Z 20 .un f Z09Z 29b 6ti6 ti : 'ON Xtid SEInBD i a9H1d9H '8 Elon?js : woaj 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 approvedplans and that the deed restrictions in accordance with Dart 5 of this form will be recorded with all required permit conditions. ,?077 Signature: Date: Title: Variance Request Farm, page 4 Sd WdZb:so 200E 20 'unf Z092- 29P 6ti6 T : 'ON XUd San3391 83HiU3H 2 33miH : WOJd 102 Wheatabury Dr Cay NC 27513 USA Home PhonalFax 1 (919) 463 7602 Email bnh@ncjr.com VIM= To! Bob Zarzecki Frwm Bruce Reeves Fam 919 733 6893 Date: June 3, 2003 Re: Deck construction Plot Plan Pages includhj cover note: 3 Bob Here are the Plot Plan. Phone me at 919 523 2721 if you need anything fUrther. Regards Brucee Reeves Td WdbS:SO 200E 20 -unf E09L 29b 6ti6 ti : 'ON XUA SEInElEld aElHid3H 'S 3ond9 : WO6d Afo Q? snve I5 /4 Nd?'TY p NAO I?j Sf?7?Bd1RlrfiE S/b r399 '?'? c;iz BY 1987 PC 200 1/2 It ?0, 149 S, F, r-' 6 «- ?DECK 11.1 ' L(r, 69 RIP-RAP DRAINAGE 01 TCH 0.5.41- St t *44'1 t 112 "wt- - w 4 20SL'Ii R MANH04C -? ?AS?rKENT jCA7rVV 1 /2 "E!P LOT 67 N C5 , t 7a TEL PEO TRANSFORMER ? AED x1.70' ' ? - C?t " ?--Nt39 26 !? 112"EIP NAIL do CAP StT CrNTERLIN (REF) 'E IEA TSBURY DRI VE N R& 0 /SET C-rM7rRUM-r sa' PUBLIC R/w ; fl?EF?EN?1 LOT SHf3MV / LOT 66 SEC 770M j 3 SHERSC RME SID BY 1995 Po 15,99 125.00* ! 18--- 8. 2 ol 30' D' 15' 30' 60' Ell GR`AeWi SC, lX.-,4 CURVE DATA TABI? c_ I? 1TA CHORD 046RO. BEARI 08'20'43" N77'it'32"W PROPEI? rr OF B)MUCE PSEV ES XK) HM THER REEVES 'CRY 'WlKfF CC7UFJ7Y Ed WdbS:SO 200E 20 •unr M. M. WEEKS LAND SURVEYING- P-0. BOX 4,fw, r-4,RY, NaRTff WOLLYA ,2751 D- "S?l U ? ?8I8?f6.?-^lOGL' 077Ff f7,477-IN&A nAT , n?,r .,. 7-092- 2917 6T6 T ON Xdd S3033 d a9HiU3H 2 90f1d3 woaA 05 ROAOH E1S "-FXISTI IRON 53AK ..``i`? CA1??(•rrr EIP - EXISMNG IRON PIPE .`' ?- •r fZy R/W - RIGHT OF WAY ; ?;' ? [?'• yyltEA7 SU BM -- BOOK OF MAPS SEAL ORI PG - PAGE gRAOM 5/0 - sus?rvlsrnr? ? L-•2792 DRIVE; !PS - IRON PIPE: Sr;7 ?, '??•! {Cg',•' _C``'','?•0 1f.44 p REF T REFERENCE ••., 'wb .. q?i•?z•''', D8 - DEED 1300K CCNTERUNE ---------r.?...,.. Ed wdSS:SO 200E 20 'unt E09L 29P 6ti6 T : "ON Xtid _ f (00 57- T WT Arts WRVEY COMPUES VAIl{ s1'+INDAkDS Of PRACM FOR LAM R'ClJl45 A &.40-ASS 8 SURVEYS/ J A NOT PREPA.40 FCR RECMAAON ] S3n33N d3H1d3H 2 3onda : wO6H of Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources rt Alan W. Klimek, PE, Director Division of Water Quality June 24, 2003 Bruce & Heather C. Reeves 102 Wheatsbury Drive Cary, NC 27513 (919) 463-7602 [FAX] Subject Property: Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] DWQ # 03-0695 Wake County Page 1 of 2 APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] Dear Mr. & Mrs. Reeves: You have our approval, in accordance with the conditions listed below, to impact approximately 190 square feet (ft2 ) of Zone 2 of the protected buffers to construct approximately a 10' x 23' slated deck at the subject property as described within your variance request dated June 3, 2003. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and are thereby responsible for complying with all conditions. For this approval to be valid, you must follow any conditions listed below. Conditions: 1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 213 .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWO. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B.0233(5). No direct discharge of stormwater or piping through the buffer is allowed. 3. Buffer Mitigation / Additional Plantings - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 285 square feet as required under this variance approval. The DWQ has determined that you may satisfy this mitigation requirement by planting at least two (2) native woody trees and four (4) woody shrubs within the retained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees and shrubs have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. If planting the required trees and shrubs as described above is not feasible, then you may choose to propose a payment into the Riparian Buffer Restoration Fund administered by the Wetlands Restoration North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 Program as per 15A NCAC 02B .0242(7) to satisfy the required mitigation area of 285 square feet. If you choose to make this payment in lieu of the plantings, then send a written request (not payment) to the Wetlands/401 Unit and copy the Raleigh Regional Office. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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, Alan W. Klimek, PE, Director, DWQ cc: Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files DWQ 030695 June 24, 2003 bz rFR QG y Post-it® Fax Note 7671 Date ? 2? o pages DO. Tc From p -ho ??+iG?l?-l Co./Dept. Co. ^fl c J? ww? Phone# Phone# Gtq-T313 _(;TL Fax # `? - x'16 _? ?o()Z Fax # June 24, 2003 Bruce & Heather C. Reeves 102 Wheatsbury Drive Cary, NC 27513 (919) 463-7602 [FAX] Subject Property: Lot 68, Section 3, Sherborne SD, 102 Wheatsbury Drive, Cary, NC Turkey Creek [03-04-02, 27-33-2, C NSW (Nutrient Sensitive)] DWQ # 03-0695 Wake County Page 1 of 2 APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] Dear Mr. & Mrs. Reeves: You have our approval, in accordance with the conditions listed below, to impact approximately 190 square feet (fe ) of Zone 2 of the protected buffers to construct approximately a 10' x 23' slated deck at the subject property as described within your variance request dated June 3, 2003. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and are thereby responsible for complying with all conditions. For this approval to be valid, you must follow any conditions listed below. Conditions: 1. No Zone 1 Impacts - No impacts (except for "exempt' uses as identified within 15A NCAC 213.0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 2. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into-the stream as identified within 15A NCAC 2B.0233(5). No direct discharge of stormwater or piping through the buffer is allowed. 3. Buffer Mitigation / Additional Plantings - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 285 square feet as required under this variance approval. The DWQ has determined that you may satisfy this mitigation requirement by planting at least two (2) native woody trees and four (4) woody shrubs within the retained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees and shrubs have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. If planting the required trees and shrubs as described above is not feasible, then you may choose to propose a payment into the Riparian Buffer Restoration Fund administered by the Wetlands Restoration Michael F. Easley Governor William G. Ross, Jr., Secretary artment of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ http://imaps. co.wake.nc. us/imaps/printmap. asp?pin=0743695962&pin... i?lI n741' e'r55F J /07/ I as nJ4$f18 43.1 ' f REID: OWNERI: ADDR1: t "ifj? I l 11 ' I YI ? ' ? I ADDR2: pp fi L - ??{6 "P" 71 Ir?F DEED BOOK: ' DEED PAGE: L DEED DATE: DEED ACRES: BLDGVAL: ?; l 1 LAND VAL: r7 i° BILLING CLASS: }-? 1 J? I i + T" I DESCRIPTION: Li `.? E'• MAP NAME: i? 'I' i PIN NUM: PIN EXT: i -? CITY: TOWNSHIP: ? YEAR BUILT: I tn r 1 t Ss ... SALEPRICE: SALEDATE: - TYPE USE: 1 ' f ? r ? v otil? DESIGN STYLE: s `?-; l ?? ?4 i7 z ?++ UNITS: LAND CLASS: G ZONING: ? ADDRESS , 7,13 i ST NUM: ST MISC: DIR PREFIX: ST NAME: ST TYPE: Parcel Number: 0743695962 DIR SUFFIX: Map created on 6124/2003 11:52:19 AM. 0 47 ft Copyright 2003. City of Raleigh, Wake County. 0224299 REEVES, BRUCE & HEATHER C 102 WHEATSBURY DR CARY NC 27513-9412 09084 2491 9/24/2001 0.23 210048 38000 2 LT 68 SHERBORNE SUB S3 95-1599 074302 0743695962 CAR 4 2001 267000 9/24/2001 01 A 1 R R-10 102 WHEATSBURY DR 1 of 1 6/24/03 11:52 AM (OUNf 6co;mnhcT lo,?, to 5e..i..< ?.- 4/---r „ ? n,U ?'4i5 Gdr?`e?? V v ? c tit _ Yo 0