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Home My WebLink About20071271 Ver 1_Minor Variance_20070724James A. Armstrong 211 Crickentree Drive Cary, NC 27518-9161 July 20, 2007 ~ ~0 3 c~. ,'~ ' 0 7- 1 2 7 1 Ms. Amy Chapman NC Div of Water Quality 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Re: Minor Variance Request Dear Ms. Chapman, I am respectfully submitting my request for a minor variance. My family and I are hoping to build a screened porch. We've taken every precaution to minimize encroachment of the UT to Swift Creek stream. Our project will not extend past our yard, and will not involve any modification of the natural wooded area between our yard and the UT to Swift Creek stream. Ms. Lauren Cobb of the Raleigh Branch has visited our property. Please find attached: • Variance Request Form • Property survey showing proposed project area, existing structures, UT to Swift Creek stream, and the 30' buffer area from the top-of--the-bank markers as marked by Mr. Lauren Cobb. • USGS Topographical Map of the site Thank you in advance for your consideration. Please do not hesitate to contact me with any questions. Sincerely, Jl)L ~ ~ ~OC~l C~ James Armstrong 211 Crickentree Drive Cary, NC 27518-9161 OFiat -'t'%AI~R (:;•„f,i_I?}` ~'~cTL9,~~C; P,.,~D ST~;P;~ ~~'~'~TFR 6RAh'CH Phone: 919-271-6974 Email: j_a_armstrong@earthlink.net OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources ~A _ Division of Wafter Quality '~ dU3 d ~L ~ 7 ~ 2 7 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. ^ 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 026.0259) ^ 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. Applicant's name (the corporation, individual, etc. who owns the property): James A. Armstrong 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: James A. Armstrong Title: Street address: 211 Crickentree Drive City, State, Zip: Cary. NC 27518-9161 Telephone: (919?) 342-6181 Fax: L- __) ___ -- - 3. Contact person who can answer questions about the proposed project: Name: James Armstrong Telephone: (919) 271-6974 Fax: j~..) Email: j_a_armstrong ea m .nel 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, speafications, letters, operation and maintenance agreements, etc.): Residential screened porch at 211 Crickentree Dr. Carv. NC 27518: in proximi to stream "UT to Swift Creek" Version 2: November 2002 Q 1, 5. Project Location: Street address: 211 Crickentree Drive City, State, Zip: Cary. NC 27518-9161 County: Wake Latitude/longitude: 35.7176 deg N: 78.7812 deg W 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): At intersection of Kitdaire Farm Rd and Penny Rd, go East on Pennv Rd for west subdivision). ~ 1th House on the sett. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): UT to Swift Creek. Stream Index #: 24-43-(1) Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or .0316 (Tar-Pamlico)]: WS-III NSW 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: X 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 indude attachments if the room provided is insufficient.) 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.]: Residential screened orn ch with roof 1 corner of the porch will encroach into the 50' buffer by 4': 46' from the stream. The rest of the porch will be > 50' from stream. Please see attached sunrev showing project in relation to top of bank markers. 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: This pmp~s°-!~ !~!?ci~gJ,a the tieaign which pffPrg laact a~crpa~hmant in the riparian huffar WP. initiauy.~~,~~p~ nrrh to ha nn a riiffarent strip of the ho~se___ which was much CIo,Ser tn_ the stream, After consulting with Lai,ren Cobb in the Raleigh region offic? of the NC Div of Water Quality. we re-designed the Qrolect 1:o what is grooosed here. Please note that this project does not extend past the current back yard of the residence, am does not involve modification or disturbance of any vegetation or natural areas. Variance Request Form, page 2 Version 2: November 2000 h 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.): Prntprt nati iral aroa hpfiuppn ctn icfi era and fha etroam This, arpa is thlCk with natural vegetatinn and IPa lifer. AdditionallX, leaf litter raked from the yan witl hp ~riodically spread in this natural area to help with water diffusion and sediment filtering. 4. Please provide an explanation of the following: (1) The practical difficullies or hardships that would result from the strict application of this Rule. wp would not be able tQnrovide our children an outdoor space free from mosquito: and ticks .. without broadcast aRplications of pesticides. This is the only location we have available for building a screened porch. (2) How these difficulties or hardships result from conditions that are unique to the property involved. This house was built for a prior owner The prooerty has an extremely steep grade in the front of the house. The only flat location in which to build the house was at the bottom of the hill.. whic puts the house in fairly close proximity to the stream. We've made a point to not distur the natural area etween the house and the stream. (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 ~gnature 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, James A. Armstrong (print or type name of person listed in Part 1, 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 w' b~orded with all required permit conditions. ~ ~ ~ Signature: ~~~f~ ~ ~ ~:, .~:". /~ Date: 7-20-2007 ~ ~ -~ Title: - /' Variance Request Form, page 4 Version 2: November 2000