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HomeMy WebLinkAbout20100838 Ver 1_Minor Variance_20101008*KWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Variance Request Form 20 00838 (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules 0 r- T 20,1o NOTE: This form may be photocopied for use as an original. OENR-WATER Check the appropriate box below: h'Etrros'4^?oSTOR;ti?AT RICH ? Major Variance CY Minor Variance Please identify which Riparian Area Protection Rule applies (Note-this must be one of North Carolina's four buffered river basins. The River Bain map is available at http://h2o.enr.state.nc.us/admin/maps/.) 3""Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) Li Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part 1: General Information (Please include attachments if the room provided is insufficient) 1. Applicant's name (the corporation, individual, etc. who owns the property): (90-11y R, Marti h 2. Print owner/Signing official (person legally responsible for the property and its compliance) Name: Garr ?, IyGtt. Title: /mar oPe r 0 bvn e r Street address: // 3 G o lOlen 7%w Cou r City, State, Zip: G'q NC 27 r/,9 Telephone: 9 / 9 i 63 - 3 g,t; / Fax: 3. Contact person who can answer questions about the proposed project: Version 6: July 2009 Name: q r?w ?. Ae r T;y Telephone: 1 ) 6*;U - 3801 Fax: Email: 9Q r?lroD2rTSM4?-?iir e ??ra?? CoM 4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project location: / Street address: 113 Gr o lae n 7 h4/ CO L4 r f City, State, Zip: County: Latitude/longitude: 6. Date property was purchased: 11-2C- /?? 8 7. Directions to site from nearest major intersection (Attach an 8'/2 x 1 topographic map indicating the location of the site). AA/ on Pres?n I/;//4ya Gt/?y. A)P41 •c/ ?i9 cif on 021e.a irPor 74 -Dr ive , LQ-rt /?3 ?o??eh?j?/ Gi`• 1 copy of the USGS OM 9Yil _ .2),;ve a.,Ae Qre en O'ireZm.'qw ON CO4 ?-f 8. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): UT 9. 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 Erosion/Sedimentation Control 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 in Adobe (pdf) format) 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.: Variance Request Form, page 2 Version 6 July 2009 p(; n or?,/4lq RK ce l/ P a 3 71o etn c aclnA,& •'-A " scf /70sQ i • e- r. ,2. Fill in the table below to identify the square footage of impact to Zones I & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): Buffer Impact Zone of Impact in Number Purpose for Multiplier Required Impact Square Feet (Indicate on the Impact Mitigation Plan Sheet) Zone 1 3 Zone 2 1.5 Total *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfi ured to better minimize or eliminate disturbance to the riparian buffers: Y7l`uejKr? q//?0t 4qi if %n 2003. //-0Ale S4A ? d iA r9e.1oaCo3r7' 7v fQpas ? i?.?a.E y as r ? 4D a.y de ?k JaP ?i ze ?i ze 4. 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.): ?ai? ?k rs' q r-t R I "Ao? 1 n tl4 e e mH sC reth e.qF ?Ohc F?gmc A drq /NS ?l ree_ e 'Li S??epw1 and wr2.flA.ds' Ores. ?ho?vs I " C 4d4_1d. ?S4f f?6 a?cc? is -1011/ 1MFe L vus x-trtdm",so ev pfiCer-.r wva/a/601 ark/1v46/e, 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of his Rule. nTJCr-e'eA/ ADWt4 %,W Avf /4.4 S/ nk,_At i e v?4??? ?n 2D0?. ffo.K2own/a y. _/de l;et.es? a//[ ?e.-•K:ff? ???ve? 7wsf ?le-A TIA M o/T / rrk& g)4 /l cnq ¢ S'4?? GIDS,,, y? c3'Q a o ?t" ,e r?y /I? ? e C"P et r M", (2) How these difficulties or hardships result from conditions that are unique to the property involved. -/ / /'e Aq W prOpe_r/T' 107L h'I-IA me- aNOI?/Br/Yt 4 S/7?r'y e- run - o '?f" y /t?-e ?D ¢ e% ?? 4ce olatx 7 o 7` 4 If/do w 1-10, t-e.?oea??ibn v? ?ec?r aNp? Variance Request Form, page 3 Version 6 July 2009 (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. Rle/OCaT.ow, 0J 000rI-?/ W eIC- ArDNl41 coSx ??0000 ?,?,q? /?(le s?/a B?' 7??e /j•? e :s J J/e o?aru?i,_ 7 in0( ?I79 q ?? L?r ?N (?QV` ca- 141 Ake ow ,n A-r &JAL,*/ ????ey, Yg1H0- dr% ,6y S2ver4/ 4,s/o%//ors Part 3: Stormwater 1. Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also, include the BMPs on your plan sheets. Kali •9kf4r-s 41-r?gI&W Fh scrite Pie.r° 6-C4 l`re d Mi-?) q? eCD %appt Ac.f, ?{c7?7<<tb d?e? is n•f q„ jr?t3seCviokS 9thke Kre, so n o s N/Ilslle IV a API%C46/9- I ?t?er 2. Attach a description of how diffuse flow will be maidtained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. 3. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Post-development BMP nitrogen6 Final Final basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6 basin rate without BMPs° effciency5 loading rate loading (ac) (lbs/ac/yr) (%) (Ibs/ac/yr) from drainage basin Ibs 1 2 3 4 S Totals Attach calculations and references. s Attach calculations and references. 6Include Phosphorus in the Tar-Pamlico Basin 4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this completed application. The applicable supplemental form(s) and I&M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: http://h2o.enr.state.nc.us/su/bmp forms.htm Variance Request Form, page 4 Version 6 July 2009 Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242 for the Neuse Basin and 15A NCAC 2B.060 for the Tar-Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be downloaded at the following website: http://www.nceep.net/news/reports/buffers.pdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs 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 6: Applicant's Certification et r t (print or type name of person listed in I, GTa ?, l "( Part I, Item 2ertify 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. ? r Signature: Date: /0 - 8 -/O Title: f'?r o?e ry e r Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Variance Request Form, page 5 Version 6 July 2009 Part 8: Checklist A complete application submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Item Initials • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 4) • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin) loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar- Pamlico Basin) removal from proposed BMPs (see Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) Three copies of the applicable Supplement Form(s) and I&M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 6 Version 6 July 2009 113 Goldenthal Ct, Cary, NC 27519 - Google Maps Page 1 of 1 Prir le 7 v _ maps Address Cary113 NC 27519 Ct Notes L 4 t116 Fk? µpt(isv ?pY(1S?1VLBpkV1Y 1, ?;gy;lt?C?'ii':r hnta ar lea' xk ct cr Caviston Way 1b gbc`SU^ , Q m watt Way t7 a" q 411 } 55 O E3ottstmx Ct 7 17, a way o ° ? a ? p Can` Qt U 1613 .h a G}fC1L+ ? qW 3 0 1s13 0 a ? PrF: ? 'une ^+rorn: Gt nA. t o_° ? otmoor Ln e?OO Vltage Way 1613 W 02010 Googie - Map data 02010 Googie - http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=113+Goldenthal+C... 10/8/2010 14CIMTr MW n .. u i? OI Of N 195 PRESTON VILLAGE NORTH I PHASE 2 MB 1995 PG 1927 I 1)- ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASURED IN FEET UNLESS OTHERWISE NOTED. 2)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMPLETE TITLE SEARCH. THE DEED RECORDS SHOWN WERE TAKEN FROM COUNTY TAX RECORDS. 3)- ALL EASEMENTS ARE CENTERED OVER THE STRUCTURES UNLESS OTHERWISE NOTED. 4 - AREA COMPUTED BY COORDINATE METHOD. 5 - THIS PROPERTY IS SUBJECT TO ALL EASEMENTS. AGREEMENTS. AND RIGHTS-OF-WAY OF RECORD. 6)- NO DETERMINATION HAS BEEN MADE BY THE SURVEYOR AS TO THE EXISTENCE OF WETLANDS, 100 YEAR FLOOD LIMITS, UNDERGROUND UTILITIES, / UNDERGROUND STORAGE FACILITIES, CEMETERIES, ETC.. / 7)- THIS PROPERTY IS NOT LOCATED WITHIN A FEMA SPECIAL FLOOD HAZARD / AREA AS SHOWN ON CID370238. PANEL 0744, SUFFIX J. DATED 05104106. 7)- THIS SURVEY WAS PREPARED 11110198. THIS REVISION WAS PREPARED ON \ 10107110 TO SHOW THE TOWN OF CARY STREAM BUFFER AND OTHER IMPROVEMENTS. ry0 ?e / ,ti 196 1 y` / 1 76?q? / K F R r BAN EEK / O C / J. / \ Js• 345 '? \ 346 ? ?^ ` ? 22989 s0. It \ \ \ \ 0.528 Acres WOOD i CARD f PLANTER 0-50' 0 • 2. O ?' .7 i - a SEAL \ N \ 'P S - L-4501 4.0 :O SUP •_,?? 1\ T B rt11111 1.94' \ 0 34 \ R?? \ p \ P LEGEND ?? \ \ R- ?? vooE? o- EXISTING IRON PIPE a- COMPUTED CORNER \ \ \ N \ d' - Q' J PIPE SET / V ?,Z L •- IRON 13- YARD INLET/AREA ORAN 'a - FLARED SECT N PORCHION P \ \ O JO? V? / - SCREENED S PIP C3 ? yQ pT / RCP- REINFORCED CONCRETE E X - CABLE TELEVISION PEDESTAL \ \ p •41 v C2 / 160 ryb / } ry b 5 NUMBER RADIUS DELTA ARC TANGENT CHORD BEARING CHORD DIST. Cl 365.00 11'40'09" 74.34 37.30 S 35'51'30"W 74.21 C2 20.00 81' 18'J4" 28.38 17.18 S 70'40'48' W 26.06 C3 51.50 43'31'34 J9.t2 20.56 5 89'3438•'W 38.19 40 0 40 80 120 Scale: 1 40' HIS 4 WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRACjrIYCES. E.O.C.: 12: 10,000. ALL DISTANCES SF40M ARE HORIZONTAL GhOt(NO MEASURED IN FEET. AREAS COMPUTED BY COORDRNTE5. FILE NAME: 9110 Book of Mops 1997 Vol. Po9e 816 Deed Book $196 Pg. 163 County WAKE LOT 346 SUBDIVISION PRESTON VILLAGE NORTH, PHASE V Surv'd: RAC Drawn: CCJ Chk'd: CCJ ob No.: 9110 Dote: 11/10/98 Scale: 1"=40' COOPER AND ASSOCIATES SURVEY FOR: P.O. Box 640 600 Pinner Woold Way RICHARD HUGH PEARCE Morrisville, NC 27560 Cary 101 JILL MARIE PEARCE Oll;ce - (919) 469-1760 Fox - (919) 469-1141 CEDAR FORK TNSP., WAKE COUNTY NORTH CAROLINA Riparian Buffer Restoration Planting Plan / Mitigation Plan 113 Goldenthal Court, Cary, NC 27519 Gary R. Martin (919) 623-3861 10/8/2010 Plant Types - Flowering Dogwood Trees Quantity - 4 to 6 as required by NC Div. of Water Quality Date of Plantings -10/15/2010 Date of One Time Fertilization -11/15/2010 or as prescribed by approved landscape vendor (Taylor's Nursery, Raleigh) Proposed location of plants - Shown on plot plan, by red Xs, included. ll ? F?o?v2. ?+,. ?o woo VICINITY MAP ,. ,. „ NOTES •R ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASURED IN FEET - } 4 d,'?f a UNLESS OTHERWISE NOTED. 2)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMPLETE TITLE SEARCH. THE DEED RECORDS SHOWN WERE TAKEN 0 m FROM COUNTY TAX RECORDS. 3)- ALL EASEMENTS ARE CENTERED OVER THE STRUCTURES UNLESS OTHERWISE NOTED. ?.? yo m p 4)- AREA COMPUTED BY COORDINATE METHOD. PROP EWT Y IS SU B IE T C TO ALL EASEMENTS, AGREEMENTS, AND 5) THIS "' N R D O R HT$ OF RIG-AY OF . 6)- NO DETERMINATION HAS BEEN MADE BY THE SURVEYOR AS TO THE 195 EXISTENCE OF WETLANDS, 100 YEAR FLOOD LIMITS, UNDERGROUND UTILITIES, / UNDERGROUND STORAGE FACILITIES, CEMETERIES. ETC.. / 7)- THIS PROPERTY IS NOT LOCATED WITHIN A FEW SPECIAL FLOOD HAZARD / AREA AS SHOWN ON CIDJ70238, PANEL 0744, SUFFIX J. DATED 05104106. PRESTON VILLAGE NORTH 1 PHASE 2 I 7)- THIS SURVEY WAS PREPARED 11110198. THIS REVISION WAS PREPARED ON 10107110 TO SHOW THE TOWN OF CARY STREAM BUFFER AND OTHER MB 1995 PG 1927 I IMPROVEMENTS. I 0 ry0r" T?F / 196 / BANK OF CREEK / ( s \ sr• 345 '? \ ?:. 346 ( \ \ \ 22989 sq. It \\ 0.528 Acres N C A R 0 "I ?9- FESS%O PLANTER 48.i 0 50' ' p \ . . N \ - a SEAL \ 1a ?. L-4501 or = 4.0 j3 \ y o ' ? ` C /// I?CFN n \ 1 ? 1.94' ea \ 34 \ \ ?\ R N \ Jy o, e 4 \ \ ?A P LEGEND E \ / o- EXISTING IRON PIPE o- COMPUTED CORNER 0 OD \ / \ N \ J? ?P 0- IRON PIPE SET Q- YARD INLET/AREA DRAIN \ \ 04 (v? V / O - FLARED END SECTION SP- SCREENED PORCH \ V p J Q / RCP- REINFORCED CONCRETE PIPE x - CABLE TELEVISION PEDESTAL \ C3 Rp Tj, yo / 6 69 / . `q 41-. ry NUMBER RADIUS DELTA ARC TANGENT CHORD BEARING CHORD DIST. C1 365. DO 11.40'09" 74.34 37.30 S 35"51'30-w 74.21 C2 20.00 81'18'34" 28.38 17.18 S 70'40'48"W 26.06 C3 51.50 4531'34" 39.12 20.56 S 89"34'38"w 38.19 40 0 40 80 120 Scale: 1 40' I HEREB ER THAT THIS WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRAC ICES. E.O.C.: 1> 10,000. C SURVEYOR LICENSE NUMBER ALL DISTANCES SHOWN ARE HORIZONTAL G MEASURED IN FEET. AREAS COMPUTED BY COORDINATES FILE NAME: 9110 Book of Mops 1997 Vol. Poge 816 Deed Book 8196 Pg. 163 County WAKE LOT 346 SUBDIVISION PRESTON VILLAGE NORTH, PHASE V Surv'd: RAC Drown: CCJ Chk'd: CCJ ob No.: 9110 Dote: 11/10/98 Scole: 1"=40' COOPER AND ASSOCIATES SURVEY FOR: R0. Box 640 800 Pinner Weald Way RICHARD HUGH PEARCE Morrisville, NC 27560 CaY C'27513 JILL MARIE PEARCE Office - (919) 469-1760 Fox - (919) 469-1141 I-- - I.- -v rnuNTY NnRTH rARniiw III ' I J s. i? 7f 1 1 ,±Y i, .? a t 7 ? lv -- ,? a Ic•n?. ti.d r ' r? r}G''py ti S ?? '; i ? St ^? su ?- IY y J '" ? ? . y N , I 5,,y,? I ?? r3 ?L= Y - F � r love 411. :f- .'00 µlb. P6r': - ' � � ��� ' � , �' �' Ali., � � � '�1+� .� �_.• ������ �•y► � - tl , ` >t • �,� . ,dam•- � ., '� jL. Cdr. �;4.'i. •!� ` �. o JF 1 y, i'1'V •,1��- _fir! �' '•._a, �� ,,�� � - 7,- ?. K. xn - ,; aln 1 .n 1 ? 'a I 1 I,. f ?s .. .. . h '? f _ -( d r ? P . '`? r ti ' . ?s `.? r zF;- •.??:.; . :dr.._ I l./ ula??a: r 1 f F AMMEV 1 7 K ?3 i ?vlc a