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Home My WebLink About20140822 Ver 1_March WQC Summary_20140324Burdette, Jennifer a From: Burdette, Jennifer a Sent: Monday, March 24, 2014 1:16 PM To: Weaver, Adriene Subject: RE: Summary of March WQC Agenda Items: Major Variance Requests for Jeffrey Gunter and Blue Diamond Applicants Hey Adriene, My comments /corrections are shown in red below. Thanks, Jennifer Jennifer A. Burdette 401 /Buffer Coordinator 401 & Buffer Permitting Unit Wetlands Branch NCDENR - Division of Water Resources - Water Quality Programs 1650 Mail Service Center Raleigh, NC 27699 -1650 (919) 807 -6364 phone (919) 807 -6494 fax *Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation.* From: Weaver, Adriene Sent: Monday, March 17, 2014 2:42 PM To: Burdette, Jennifer a Subject: Summary of March WQC Agenda Items: Major Variance Requests for Jeffrey Gunter and Blue Diamond Applicants Hello Jennifer, Below are my draft summaries of the 2 MV requests you presented last week at the WQC meeting. Please review the summaries for content, clarity, and accuracy and email me your comments by March 24. Thanks 1. Request for an after- the -fact Maior Variance from the Neuse Riparian Area Protection Rules from Jeffrey Gunter for a room and deck expansion to a single- family residence at 7701 Greentree Court in Raleigh, NC— (Action Item) (Jennifer Burdette) Description A request has been received for the WQC to grant an after - the -fact Major Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 2B 0.233) to Jeffrey Gunter for completion of a room and deck expansion to a single - family residence at 7701 Greentree Court in Raleigh, NC. Construction on the room and deck began prior to the applicant's purchase of the home. Due to the presence of an unnamed tributary to Mine Creek running along the back of the residence, the room and deck expansion encroaches 215 square feet into Zone 1 and 34 square feet into Zone 2 of the riparian buffer. The applicant is proposing on -site buffer restoration mitigation, enhancement of vegetation under the elevated deck and re- routing two gutter downspouts to discharge outside the buffer, and covenant on the lot to ensure the gutters and outlet pad remain in their intended use, prohibit new discharge of stormwater runoff through the buffer to the stream, and protect the existing and restored riparian buffer. Based on the information submitted, the Division of Water Resources (DWR) supports this request for an after - the -fact Major Variance from the Neuse Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0233 are met. Discussion WQC Chairman Tedder asked who discovered the violation of the buffer rules for this property. Ms. Burdette said the City of Raleigh Regional ^ . EMC Chairman Hutson asked for clarification on the procedure for evaluating the findings of fact with regard to this major variance request. Mr. Puette asked who is responsible for ensure that the recommendations are in compliance with the buffer rules. Ms. Burdette said the Raleigh regional office will be responsible for inspecting compliance. Mr. Martin asked whether discharging the two gutter downspouts to the proposed outlet pad would be consistent with the diffuse flow requirements of previous Major Variance requests that require a level spreader to diffuse the flow. Ms. Burdette said that staff did not believe that a level spreader would be necessary to diffuse the small amount of flow expected from two gutter downspouts. Mr. Martin asked if flow calculations were reviewed by staff. Ms. Burdette replied that calculations were not reviewed. Mr. Martin stated that he was concerned that 957 stone to be used for construction of the outlet pad would clog. Motion Dr. Rubin moved that the Major Variance request including conditions recommended by DWR staff be approved. WQC Chairman Tedder seconded the motion and the WQC unanimously approved of the request. 2. Request for a Maior Variance from the Randleman Lake Riparian Area Protection Rules diffuse flow requirements by Blue Diamond Investment Company, LLC for pre - developed condition property adiacent to the Proposed Veterans Administration Hospital in Kernersville, NC— (Action Item) (Jennifer Burdette) Description A request has been received for the WQC to grant a Major Variance from the Randleman Lake Riparian Area Protection Rules diffuse flow requirements to Blue Diamond Investment Company, LLC for an undeveloped property in Kernersville, NC. A stormwater bypass system must be constructed to convey stormwater runoff from the Blue Diamond property through the Veterans Administration Hospital site. Blue Diamond Investments is requesting a variance to delay installation of a stormwater BMP until development of the Blue Diamond property begins. Based on the information submitted, the Town of Kernersville and DWR support this request for a Major Variance from the Randleman Lake Riparian Area Protection Rules because all of the requirements in 15A NCAC 02B .0250 are met. Discussion The WQC had several questions for the developer and the Town of Kernersville. Mr. Martin asked 1) what it would look like if one BMP was developed to treat both sites, 2) what would the cost differential be, 3) what type of BMP would be put on the Blue Diamond property, if stormwater is treated stennwate separately, 4) how would the BMP on the Blue Diamond property be sized and would it the meet the 30% nitrogen removal, and 5) what is the ownership history for the property. Dr. Rubin asked for assurance that Executive Order 13514 for federal facilities does not apply. If it does, Dr. Rubin said that he wants know what provisions would be made on the Veterans Administrative Hospital to comply. WQC Chairman Tedder requested to see a built- out plan for the hospital site. EMC Chairman Benne Hutson asked whether the developer created the hardship by how they subdivided /sold the property and whether that would meet the variance language and requested that the developer and Town of Kernersville make the presentation of the information requested at the next WQC meeting. Motion Mr. Martin moved to defer making a decision on the Major Variance request until the next water quality committee meeting until the WQC receives the requested information. Dr. Rubin seconded the motion and the WQC unanimously approved the motion. Adriene Weaver Environmental Sr. Specialist, Classification and Standards /Rules Review Branch Water Planning Section, North Carolina Division of Water Resoures, NCDENR 1611 Mail Service Center, Raleigh, NC 27699 -1611 Tel: 919 807 6414 Main: 919 707 9000 adriene.weaver @ncdenr.gov Email correspondence to and from this address may be subiect to the North Carolina oublic Records Law and may disclosed to third oarties.