20031443 Ver 1_COMPLETE FILE_20031118

N1 A TF?4? Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-i Division of Water Quality
a ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 8, 2003
DWQ # 03-1443
Wake County
Page 1 of 2
Larry B. Holt
7200 Falls of Neuse Road
Raleigh, NC 27615
Subject Property: Lot # 19, Grayson S/D, 8501 Wapello Lane, Leesville Township, Raleigh, NC
UT to Hare Snipe Creek [03-04-02, 27-33-12-(1), B NSW]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)].
Dear Mr. Holt:
You have our approval, in accordance with the conditions listed below, to impact approximately 446 square feet (ft2 ) (or
0.01 acres) of Zone 2 of the protected buffers to construct house (temporary construction easement and landscaping) at
the subject property as described within your variance request dated November 5, 2003 and received by the Division of
Water Quality (DWQ) Wetlands Unit on November 18, 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 is 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 2B.0233(5).
3. 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.
4. Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2 of the protected buffer. This
activity is designated as "exempt" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is
North Carolina Division of Water Quality, 401 Wetlands Certification unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd:, Raleigh, NO 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Larry B. Holt
Page 2 of 2
December 8, 2003
maintained as per the Buffer Rule, the disturbed areas are stabilized and revegetated, and the health of the existing
vegetation in Zone 1 is not compromised.
5. Protective Fencing
The outside buffer boundary and along the construction corridor within this boundary approved under this
authorization shall be clearly marked with orange fencing (or similar high visibility material) for the areas that have
been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233. The protective fencing should be removed once construction is
complete.
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 [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
cc: John Y. Phelps, PO Box 30122, Raleigh, NC
Steve Mitchell, DWQ Raleigh Regional Office
File copy
Central Files
V- "
Klimek, PE,
DWQ
DW O031443
December 8, 2003
bz
OFFICE USE ONLY: Date Received
Request #
REC D
State of North Carolina
Department of Environment and Natural Resources ![ / ? NOV Q '? 203
Division of Water Quality l G? lr.
WATER QUALITY WC"
PIM0$ t W Brandt
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original. .
Please identify which Riparian Area (Buffer) Protection Rule applies.
X 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 0213.0243)
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): ST, LAWRENCE
HOMES
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: LARRY B. HOLT
Title: VICE PRESIDENT
Street address: 7200 FALLS OF NEUSE ROAD WETLANDS/ 401 GROUP
City, State, Zip: RALEIGH N. C. 27615 NOV 1 S 2003
Telephone: [phone] "TER QUALITY SECTION
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: JOHN Y. PHELPS JR. PLS-1319
Version 2: November 2002
t
Telephone: [phone]
Fax: [phone]
Email: JR81 @BELLSOUTH.NET
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.) GRAYSON
SUBDIVISION, LOT 19, BOOK OF MAPS 2001 PAGE 1834, WAKE COUNTY
5. Project Location:
Street address: 8501 WAPELLO LANE
City, State, Zip:, LEESVILLE TOWNSHIP, WAKE COUNTY, N. C.
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):
WEST SIDE OF RAY ROAD, SOUTH OF STRICKLAND ROAD AND NORTH OF HOWARD
ROAD.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
-UT-UP-STREAM FROM HARE SNIPE CREEK
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: _B:NSW
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
Variance Request Form, page 2
Version 2: November 2000
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft.]: PLOT PLAN ENCLOSED HOUSE 0.46 SQ. FT.
LANDSCAPING 400 SQ. FT.
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 HOUSE COULD BE BUILT WITHOUT ENCROACHING INTO THE MAPPED BUFFER
AREA. (SEE #4) IT WILL NOT BE POSSIBLE TO BUILD THIS HOUSE WITHOUT
ENCROACHING INTO ZONE 2 AREA WITH EQUIPMENT FOR BUILDING AND
LANDSCAPING.
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.):
STORM WATER SHALL BE DIRECTED AS DIFFUSED FLOW AT NON-EROSIVE
VELOCITIES THROUGH THE PROTECTED STREAM BUFFERS. ROOF DRAINAGE
FROM THE HOME SHALL BE DIRECTED TO VEGETATED AREA AT NON-EROSIVE
VELOCITIES PRIOR TO ENTERING THE PROTECTED RIPARIAN BUFFER.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. THE STREAM BEING BUFFERED IS HARD TO DEFINE. THE RECORDED MAP
SHOWS THE BUFFER. IT IS DRAWN TO A SCALE OF 1"=80' TO PLACE A HOUSE
OUTSIDE THE BUFFER IS DIFFICULT. WE HAD RATHER APPLY FOR A VARIANCE
FOR THE HOUSE AND LANDSCAPING TO BE SURE WE ARE NOT IN VIOLATION.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. IN VISTING THE SITE, YOU WILL OBSERVE THAT THE STREAM IS
DEFINABLE BELOW LOT 19. ESTABLISHING WHERE TO MEASURE THE BANK OF
FROM IS DIFFICULT AS YOU MOVE UP THE LOW AREA..
(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 BUILDER BOUGHT THIS LOT TO BUILD A HOME ON. HE USED WHAT HE
THOUGHT WAS THE BANK OF THE CREEK TO CHECK TO SEE IF A HOUSE COULD BE
BUILT ON THIS LOT. THE RECORDED MAP WITH ITS LOCATION OF THE EXTENT OF
THE NEUSE RIVER BUFFER IS WHAT WE NEED TO OVERCOME.
Variance Request Form, page 3
Version 2: November 2000
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 JOHN Y. PHELPS
Mailing address: BOX 30122
City, State, Zip: RALEIGH, N. C. 27612
Telephone: [phone]
Fax: [phone]
Email: JR81 @BELLSOUTH.NET
Part 5: Applicant's Certification
I, LARRY B. HOLT (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 byrec ded with a 1 it d permit conditions.
Signature: _
Date: 1 g
Title: U-m Ply f.
Variance Request Form, page 4
Version 2: November 2000
46
SUBJECT PROPERTY IS_-- IS NOT -__ LOCATED IN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED ON FEDERAL
EMERGENCY MANAGEMENT AGENCY (F.E.M.A.) FLOOD INSURANCE RATE MAP
NUMBER------------------ ZONE---- --
rrrs.K
',_BANK OF CREEK
SPRINGDALE ESTATES \
` # 182
SECTION 2, MAP 11 LOT
1
O` UNDEFINED 1
00
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AREA
N 10'40'21 "
146.24'
fV
CV 30' S/B 00 \ \
O 14.00'
DECK 5.30 3.30• 4. \,960
0.67'1 3.42'43
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15.21' S?ti Z. ?• I. B
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it I
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07 I u PROPOSED I \
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N 10.67'1 10.50 8 1.75' 1
N 10.71' U
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APPROX. to
v 20' S/B DRIVEWAY v
LOCATION 1o
?S
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20,
ZONE' 2
S05'08'44"W

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I
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ZONE 2 •?CA.
NEUSE RIVER RIPARIAN BUFFER
(PER B.O.M. 2001, PG. 1834)
'6?6
0A,
60' I
Z?N? 1
LOT#19
17,293 S.F.
0.397 AC.
196.37'
WAPELLO LANE
45' R/W
PUBLIC
y F
F
`\0.77'
0.49 S.F. OF HOUSE BLDG. \ 9??
IN RIPARIAN BUFFER ?? 92
AN ENCROACHMENT INTO ZONE 2, DESCRIBED
AS A 15' RADIUS OFF THE BACK RIGHT CORNER
OF HOUSE IS NEEDED FOR LANDSCAPING AND
YARD MAINTENANCE.
PRELIMINARY PLAT, NOT FOR
G RAYS O N SUBDIVISION RECORDATION, CONVEYANCE
OR SALE
PHASE 1 BUILDER TO VERIFY HOUSE
DIMENSIONS
_-_ BLOCK_____
LOT_ 19
RECORDED IN BOOK OF MAPS_2001_, PAGE 1834 WAKE COUNTY, N. C.
I, JOHN Y. PHELPS, JR. HEREBY CERTIFY THAT THIS MAP IS BROWARD I (BRICK FRONT, BASEMENT)
CORRECT AND THAT THE BUILDINGS LIE WHOLLY ON THE LOT AND THAT THERE ARE NO ENCROACHMENTS OF OTHER ST. LAWRENCE HOMES
BUILDINGS ON SAID LOT UNLESS SHOWN OTHERWISE.
THIS MAP IS NOT FOR RECORDING. PLOT PLAN
LEESVILLE TWSP., WAKE CO., N.C.
SCALE
DATE 1 "- 30' JOHN Y. PHELPS, JR.
JOHN Y. PHELPS, JR. RLS 111 1319 10/06/03 PROFESSIONAL LAND SURVEYOR
5110 BUR OAK CIRCLE
9 - G RY RALEIGH, NORTH CAROLINA, 27612 [phone]
BUILDING SETBACK DATA
MINIMUM FRONT YARD 20'
MINIMUM REAR YARD 30'
AGGREGATE FRONT/REAR YARD 50'
MINIMUM SIDE YARD 10'
AGGREGATE SIDE YARD 20'
MINIMUM CORNER LOT SIDE YARD 20'