20060507 Ver 1_Staff Comments_20060626

Michael F. Easley, Governor
O~O~ W A T ~qpG
Uj ~~,, William G. Ross Jr., Secretary
j North Carolina Department of Environment and Natural Resources
-i
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
Consideration of a Request for a Major Variance from the Neuse River
Riparian Area Protection Rule
DL Johnson Subdivision-Lot 24, Raleigh, NC
June 26, 2006
A request has been received for the Water Quality Committee to grant a major variance from the Neuse River Riparian Area
Protection Requirements (15A NCAC 2B.0233) for the DL Johnson Subdivision-Lot 24 to be located on Oxford Road, Raleigh, Wake
County, North Carolina. The parcel is approximately 8,496.80 square feet (ft2) in size.
The applicant, Ms. Mary Stewart Manasse, is proposing to build a home and an associated driveway that will fill approximately
1,431.1 square feet (ft2) of Zone 1 and 1,103.9 square feet (ft2) of Zone 2 of the protected riparian buffers. The applicant has proposed
removal of an existing stormwater drainage pipe that discharges directly into Oxford Branch to allow for the infiltration of stormwater
into the soil and by the forested buffer to achieve the Division's requirements. In addition, a rain garden is proposed to treat the
stormwater prior to discharging into the buffers. The applicant has proposed to make a payment to the North Carolina Ecosystem
Enhancement Program and to replant native hardwoods in Zone 1 of the protected riparian buffers to mitigate for the loss of riparian
buffer.
Recommendations and Pretiminary Findines:
1. The Division Staff believe that the applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)] for granting a variance. The applicant inherited lot 24 of the DL Johnson Subdivision in 2004. Lot 24 has been in her
family since 1954. Based upon the City of Raleigh setback requirements and the 50-foot riparian buffer requirements, only 96
square feet (ft2) of this lot could be built upon.
2. The applicant also inherited nearby lots 2 & 20 in this subdivision. She has applied to DWQ and has received approval for a
minor variance to allow impacts to Zone 2 of the buffers for these two lots.
3. The Division staff believes that the applicant is proposing sufficient nitrogen removing stormwater controls to compensate for the
loss of the nutrient removal functions of the impacted buffers, with the rain garden and removal of the direct stormwater
discharge.
4. The Division staff believes that the applicant is proposing sufficient buffer mitigation to compensate for the loss of the riparian
buffer. Follo~yring the recommended ratios in the rules, this action would require 5,949.15 square feet (ft2) of buffer mitigation.
The applicant will pay into the North Carolina Ecosystem Enhancement Program an will replant native hardwood trees in Zone 1
for the required mitigation.
5. Additional Conditions -The Division staff believe that the following conditions should be added to the variance if approved to
ensure protection of retained buffers located on lot 24.
a) The Division staff believes that a deed notification or deed restriction shall be placed on the restored and remaining protected
riparian buffers at lot 24;
b) The applicant must supply a report showing that all trees have been planted within a year of this variance approval;
c) The applicant will be required to submit annual reports for a period of five years for all trees planted in Zone 1 of the riparian
buffers showing the trees planted have survived; and
d) The plan for the rain garden will be submitted to the Division for approval.
The Division staff do not object to the approval of the variance request.
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.uslncwetlands/

about:blank
for complete 100% mitigation through planting.....
I took the Zone 1 impacts :1,431, multiplied that by 3 to get 4,293.
Then I got Zone 2 impacts: 2,259 and multiplied it by 1.5 to get 3,389
I add those together to get the total impacts as: 7,682.
I then did the equation of 320(trees)/43560sgft= x(trees needed)/7,682
2,458,240/43560=56 trees.
Check my math when you get a chance.
Hope this helps.
-Amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax:[phone]
E-mail: [e-mail]
1 of 1 6/9/2006 7:07 AM

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D.L. Johnson Subdivision
Lot 24
Raleigh, NC
Request for a Major Variance
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Stormwater Inlet to be Removed

Mitigation
• Payment into the NCEEP's Riparian Buffer
Restoration Fund
• Plantings of trees to off-set a portion of
the NCEEP K
• Rain garden
• Deed restri
Laymen
t
to treat the stormwater
ctions on remaining buffers
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