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Home My WebLink About20140977 Ver 1_Riparian Buffer Authorization_20140912Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1a Name of project 204 Livingstone Dr 1 b County Wake County 1 c Nearest municipality Town of Cary 1d Subdivision name Harrison Place le Is the project located in any of North Carolina's twenty coastal counties If yes, answer 1f below ❑Yes X❑ No 1f Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Owner Information 2a Name on Recorded Deed Alfredo And Betty Tognetti 2b Deed Book and Page No 15590 page 2420 2c Map Book and Page No (Include a copy of the recorded map that Indicates when the lot was created) 2d Responsible Party (for Corporations) 2e Street address 204 Livingstone Dr 2f City, state, zip Cary NC 27513 2g Telephone no 305- 505 -4440 2h Fax no nla 21 Email address alfredo @assetfi del ity com 3. Applicant Information (if different from owner) 3a Applicant is ❑ Agent ❑ Other, specify 3b Name 3c Business name (if applicable) Fn,- rF, (—r- 5 3d Street address _ 3e City, state, zip a 3f Telephone no A 1W 3g Fax no 3h Email address I DENR' DUFFER PERMITTING 4. Agent/Consultant Information (if applicable) 4a Name 4b Business name (if applicable) 4c Street address 4d City, state, zip 4e Telephone no 4f Fax no 4g Email address FORM. BA 10 -2013 Page 1 of 4 B. Project Information and Prior Project History 1. Property Identification la Property identification no (tax PIN or parcel ID) 0765 -52- 7584 -000 1 b Site coordinates (in decimal degrees) Latitude 358175 Longitude -787781 1c Property size 0 73 acres 2. Surface Waters 2a Name of nearest body of water to proposed project UT -to crab tree creek 2b Water Quality Classification of nearest receiving water C,NSW 2c River basin Neuse 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application Single family home, with natural vegetation in the back yard 3b Attach an 8'/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c Attach an 8'/z x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 290 linear feet 3e Explain the purpose of the proposed project Extend the existing deck 3f Describe the overall project in detail, including the type of equipment to be used Hand tools , to built the deck 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project (including all prior phases) in the past? X❑ Yes ❑ No ❑ Unknown Comments 4b If yes, who delineated the jurisdictional areas? Name (if known) Martin Richmond Agency/ Consultant Company Other NC DENR 4c If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation July 24 2012 , Sara Kanies verified buffer zones with visit on 09/11/2014 5. Project History 5a Have permits or certifications been requested or obtained for this X❑ Yes ❑ No ❑ Unknown project (including all prior phases) in the past? 5b If yes, explain and detail according to "help file" instructions Buffer authorization # DWTWO 12 -08 -01 6. Future Project Plans 6a Is this a phased projects ❑ Yes X❑ No 6b If yes, explain FORM BA 10 -2013 Page 2 of 4 C. Proposed Impacts Inventory Impact Justification and Mitigation 1. 1. Buffer Impacts 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Keeping deck in Zone 2 1a Project is in which protected basin? X❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Jordan ❑ Goose Creek 1 b Individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form Buffer impact number — Permanent (P) or Temporary T Reason for impact Type of impact (exempt, allowable, allowable w/ mitigation) Stream name Buffer mitigation required? Zone 1 impact (sq ft) Zone 2 impact (sq ft) 131 ❑ P ❑ T New Deck And stairs Allowable UT to Crab tree creek ❑ Yes X❑ No 0 880 62 ❑ P ❑ T Zone 2 ❑ Yes ❑ No 1 5 133 ❑P ❑T Total buffer mitigation required: El Yes No 2c If buffer mitigation Is required, is payment to a mitigation bank or NC EEP proposed 64 ❑ P ❑ T 2d If yes, attach the acceptance letter from the mitigation bank or NC EEP 2e ❑ Yes ❑ No 2f Comments 135 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 880 1c Comments D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Keeping deck in Zone 2 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques No Using any heavy equipment, only hand tools 2. Buffer Mitigation 2a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes X ❑ No 2b If yes, then Identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below Zone Reason for impact Total impact (square feet Multiplier Required mitigation (square feet Zone 1 3 (2 for Catawba) Zone 2 1 5 Total buffer mitigation required: 2c If buffer mitigation Is required, is payment to a mitigation bank or NC EEP proposed ❑ Yes ❑ No 2d If yes, attach the acceptance letter from the mitigation bank or NC EEP 2e If no, then discuss what type of mitigation is proposed 2f Comments FORM BA 10 -2013 Page 3 of 4 E. Diffuse Flow Plan All buffer Impacts and high ground Impacts require diffuse flow or other form of X❑ Diffuse flow stormwater treatment Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained If a Level Spreader Is proposed, attach a Level Spreader Supplement Form la If due to site constraints, a BMP other than a level spreader Is proposed, please provide a Natural Vegetable , plan for stormwater treatment as outlined In Chapter 8 of the NC Stormwater BMP are between Manual and attach a BMP Supplement Form deck and the If you answered "yes" to the above, does the project require preparation of an stream F. Supplementary Information by First Class Mail via the US Postal Service 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit la Does the project Involve an expenditure of public (federal /state /local) funds or the use of ❑ Yes X❑ No Raleigh, NC 27604 public (federal /state) land? For all other projects send by delivery service lb If you answered "yes" to the above, does the project require preparation of an ❑ Yes X❑ No Karen Higgins OR environmental document pursuant to the requirements of the National or State (North NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center Carolina) Environmental Policy Act (NEPA/SEPA)? Raleigh, NC 27699 - 1650 1c If you answered "yes" to the above, has the document been finalized by the State ❑ Yes X❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter ) Comments 2. Violations 2a Is the site in violation of DWR Wetland Rules (15A NCAC 02H 0500), Isolated Wetland ❑ Yes X❑ No Rules (15A NCAC 02H 1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes X❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) Alfredo Tognetti Ilcant/Acient's Printed Name W-1 IV 09,,11/114 Applicant/ ent's Signature (Agent's signature is valid only if an aut onzation letter from the applicant is provided) Date Send this completed form and accompanying documents to the following For government transportation projects send For government transportation projects send by First Class Mail via the US Postal Service by delivery service (UPS, FedEx, etc) NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1650 Mail Service Center 512 N Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 For all other projects send by Fast Class Mail For all other projects send by delivery service via the US Postal Service (UPS, FedEx, etc) Karen Higgins Karen Higgins OR NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit 1650 Mail Service Center 512 N Salisbury Street Raleigh, NC 27699 - 1650 Raleigh, NC 27604 FORM BA 10 -2013 Page 4 of 4 AN NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Dee Freeman Governor Director Secretary July 24, 2012 Vince DeFreitas Silver Developers, LLC 1936 Olde Mill Forrest Dr Raleigh, NC 27606 NBRRO# l 2- l 45 Wake County Determination Type Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B 0233) Subject Start@ ® Ephemeral /Intermittent/Perennial Determination El Tar-Pamlico (1 5A NCAC 26 0259) USGS To o A ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 26 0267) X Project Name 204 Livingstone Dr Cary Location/Directions Subject property is a vacant residential lot located at the project address Subject Stream UT to Lake Crabtree Date of Determination July 12, 2012 "E111P = Ephemera! /IntermittentIPerenntal Explanation The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1 24,000 scale Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality This on -site determination shall expire rive (5) years from the date of this letter Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director An appeal request must be made wtthin sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter A request for a determinate 7 a ur !y North Carolina Division of Water Quahry Raleigh Regional Office Surface Water Protection Internet www rimaterqualdy org 1628 Mail Service Center Raleigh NC 27699 1628 An Equal OpportundylAffirmative Action Employer - 50% Recycled /10% Post Consumer Paper Phone (919) 791 4200 Customer Service FAX (919) 5714718 1 877 623 6748 Feature E/1/P* Not Subject Subject Start@ Stop@ Soil Survey USGS To o A I X Culvert Outfall X "E111P = Ephemera! /IntermittentIPerenntal Explanation The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1 24,000 scale Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality This on -site determination shall expire rive (5) years from the date of this letter Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director An appeal request must be made wtthin sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter A request for a determinate 7 a ur !y North Carolina Division of Water Quahry Raleigh Regional Office Surface Water Protection Internet www rimaterqualdy org 1628 Mail Service Center Raleigh NC 27699 1628 An Equal OpportundylAffirmative Action Employer - 50% Recycled /10% Post Consumer Paper Phone (919) 791 4200 Customer Service FAX (919) 5714718 1 877 623 6748 204 Livingstone Dr Cary Wake County July 24, 2012 Page 2 of 2 Director shall be referred to the Director in writing c/o Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699 If you dispute the Director's determination you may file a petition for an administrative hearing You must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00 am and 5 00 pm, except for official state holidays To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714 The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within rive (5) days following the date of the fax transmission A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above) This project may require a Section 404/401 Permit for the proposed activity Any inquiries should be directed to the Division of Water Quality (Central Office) at (919 )-733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 554 -4884 Respectfully, Martin chmond Enviro ental Specialist cc WeBSCaPe — 1650 Mail Service Center RRO /SWP File Copy ��.... A - ++�.. •• ri'' `�,,..""' , ®;¢ice -: -. . a. 6 0 NA Y � �\ 1 �� •1 4t J J v r y� 9w ' a CIA 6 1_0 r s 20' DRAINAGE I l'HUHUSED DRIVEWAYS /ETC. =682 S.F. 535 EASEMENT TOTAL PROPOSED IMPERVIOUS AREA =3, 186 S.F. 793 \ WILLIAM S. KETCHAM D.B. 9870, PG. 694 I L12 0'I LOT 24 HARRISON PLACE B.M. 1988, PG. 1335 NAIL PIN 0765-15-52-7793 / OF CAN +� I /PF11- `' I co I \� ! 20' SANITARY C*- SEINER EASEMENT MARIA T, NE4 THERM �< J D.B. 14755, PG. 2385 LOT 26 1 1s • �� IPA HARRISON PLACE B.M. 1988 PG. 1335 S ol- PIN 0765.15 -52 -9622 15' , `� LOT 27 5 `� J1,715 S.F. �+H\ 1 T� X0.728 ACRES U` FFER ` Nw \ IPF SIDE O „�� `�� "� �.\ Js�C,A �` I � � �LLP 20' DRAINAGE EASEMENT EWANOOWSKI -Z SCREEWD 4, PG. 547 j, , �/i ce 'N PLACE N N q5 n PG. 1335 Lp 9 -52 -6493 0�� e rm ' O• / J� ',.. .,. LJ' 6 ,jay 6'� n n P e V I'i lop. 30 f l(� 10' ! . 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