20110756 Ver 1_Water Quality Committee_20110907

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Consideration of a Request for a Major Variance from the Neuse River
Riparian Area Protection Rule
312 S. Tunstall Ave, Apex, NC
September 7, 2011
Dee Freeman
Secretary
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 a single family home located at 312 S. Tunstall
Avenue in Apex, NC, Wake County, North Carolina. The parcel is approximately 0.34 acres in size.
The applicant, Mr. Bob Lantry, is proposing to build an addition to an existing home on this property to expand
his business that will fill approximately 234 square feet (ft) of Zone 1 and 286 square feet (ft) of Zone 2 of the
protected riparian buffers. The applicant has proposed to plant native hardwoods in Zone 1 of the protected
riparian buffers to mitigate for the loss of riparian buffers.
Recommendations and Preliminary Findings:
1. The original home was built in 1962. The applicant purchased the property in 2006.
2. 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 except for item (E), in that the applicant purchased the
property after the effective date of the Neuse Buffer Rules.
3. The applicant received a written approval to build the addition from the Town of Apex. Acting in good faith,
the applicant began the process for building the addition and then was told by the Town he had protected
riparian buffers on his property.
4. The 50 -foot riparian buffers comprise almost all of the applicant's lot.
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 at 312 S. Tunstall Ave in Apex:
a) The Division staff believes that a deed restriction shall be placed on the restored and remaining protected
riparian buffers on this property;
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) A stormwater plan will be submitted to the Division for approval.
Recommendation: The Division of Water Quality staff does not object to the overall concept of this
major variance request.
1650 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org �atura!!r�
An Equal Opportunity \ Affirmative Action Employer

Neuse Buffer Rule Major
Variance Request
Bob Lantry (Applicant)
312 S. Tunstall Ave
Apex

Findings
► Original home built in 1962
► Lot size = 0.34 acres
► Applicant purchased in 2006
► Almost all of his backyard is buffer

Findings (cont.)
❑Variance request is for addition to existing
home for applicant's business
► Town of Apex issued building permit to
applicant for addition on dune 8, 2011
► Proposed impacts
234 square feet of Zone 1
286 square feet of Zone 2

I FC..FND
R/W = RIGHT OF WAY
CA - CENTER LINE
EIP - EXISTING IRON PIPE
( ) = FIELD MEASUREMENTS
® = CABLE TV PEDESTAL
yr z _ OO= CLEAN OUT (SEWER)
TELECOM PEDESTAL
a = GUY WARE/POLE
Jklas
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VICINITY MAP (NTS) Wj = WATER METER
NOTES
NOT FOR RECORDATION. CONVEYANCES, OR SALE
PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD
FIELD CLOSURE > 1/10000.
TOP OF BANK SHOWN FOR USGS RIPARIAN CREEK LINE.
POSSIBLE 50' RIPARIAN BU'FLR NOT SHOWN
Apex Building Setbacks
Front: Side:
Rear: C. Side:
Zone: By
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Recommendations
► If Major Variance issued:
• Deed restrictions on remaining buffers
• Stormwater treatment for the addition
• Mitigation in the form of tree planting in Zone 1
► DWQ does not object to the overall concept of
this major variance request