20221442 Ver 1_Minor Variance_20221017

Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#* Version* 1
2022144
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
• No
Colleen Cohn:eads\cmcohn
Raleigh Regional Office - [phone]
Minor Variance
Does this project require a request for payment to be sent?*
Yes
No

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
Project Contact Information
Name:
Bradley Luckey
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: 400 Redwood Circle
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Wake
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
8332_Redwood Circle_Min Var_10.17.22.pdf 3.54MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Minor Variance Application
Sign and Submit
............................................................................................................................................................................................................................
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.

• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in automatically.

State of North Carolina
DWR Department of Environment and Natural Resources
Division of Water Resources
Division of Water Resources
15A NCAC 026 .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 0213.0233)
❑ Major Variance X Minor Variance
❑ Catawba River Basin (15A NCAC 0213.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 0213.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 0213.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name: ADDlicant is Owner
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: Private Individual
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013
Mr. David Thieaen
400 Redwood Circle
Raleigh, NC 27609
252-917-1540
david(@mitconsult.com

3. Agent Information:
3a. Name:
Bradley S. Luckey
Company Affiliation:
Pilot Environmental, Inc.
Street Address:
PO Box 128
City, State & Zip:
Kernersville, NC 27285
Telephone:
336.708.4997
E-mail:
[e-mail]
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
400 Redwood Circle
5. Project Location:
5a. Street Address: 400 Redwood Circle
City, State & Zip: Raleigh, NC 27609
5b. County: Wake
5c. Site Coordinates (in decimal degrees): 35.85118 Latitude-78.64507 Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): 1706644991
6b. Date property was purchased: 2013
6c. Deed book 1659 and page number 177
6d. Map book 1965 and page number 270
6e. Attach a copy of the recorded map that indicates when the lot was last platted. See attached Survey, References PLAT Year
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES X NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
FORM: VAR 10-2013 Page 2 of 6

8. Directions to site from nearest major intersection:
From Intersection of Millbrook Road and Six Forks Road: South on Six Forks Road % mi. TL on Crestview Avenue. TL Sandlewood
Road. TL Redwood Circle. Site is located in northern portion of cul-de-sac.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
UNT Big Branch Class C, NSW
9a. For Goose Creek only: Is the buffer in the 100-year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
The site has been develoaed with a sinele family residence. drivewav and associated landscaaed maintained lawn since at
least 1966. Exterior wooded decks and concrete porches are located on the rear, northern face of the resident and the
side, eastern face of the residence. The majority of the existing rear of the single family residence is maintained yard/grass
within Zone 1 and 2 of the riparian buffers. Existine roof drains from the residence drain undereround. The apDlicant is not
aware if or where the roof drains discharee.
The applicant proposes residential improvements including the construction of an in -ground swimming pool and patio. The
proposed project will result in the permanent impact to 751 square foot Zone 2 of the riparian buffer. Zone 1 buffer
impacts are not proposed.
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftz on the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off -site), drainage easements, and pipe dimensions
FORM: VAR 10-2013 Page 3 of 6

0 Drainage areas delineated
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number'—
Permanent (P) or
Temporary (T)
Reason for Impact
Buffer
Mitigation
Required
Zone 1 Impact
(square feet)
Zone 2 Impact
(square feet)
131 - ®P ❑ T
Swimming Pool & Patio
X Yes ❑ No
0
751
B2 ❑ P ❑ T
❑ Yes ❑ No
B3 ❑ P ❑ T
❑ Yes ❑ No
Total Buffer Impacts
0
751
'Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'
3
(2 for Catawba only)
Zone 2
751
1.5
1,127
Total Buffer Mitigation Required:
1,127
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Mitigation will be satisfied by in -lieu compensation from NC DMS. The attached letter indicates NCDMS has the credits available
to satisfy the mitigation proposal. The applicant consulted private mitigation banks within the site's hydrologic unit code.
Private mitigation banks do not have credits available to satisfy the mitigation proposal.
3a. Is buffer restoration or enhancement proposed? Yes X No
If yes, attach 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.
3b. Is payment into a buffer restoration fund proposed? Yes X No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 4 of 6

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
impervious surfaces within the buffer will sheet flow to the buffer from the Datio and awav from the swimmine Dool.
The proposed protect does not involve changing, altering or adding to existing roof drain discharges to the buffer.
Concentrated flow will not be discharged into the remaining buffer.
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
D. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The applicant purchased the site, a private single family residence, in 2013. The applicant was not provided with or made aware
of a PLAT, survey or any other information indicating the presence of a stream or riparian buffer located on the property until
the previous year when applying for a building permit for the proposed project. The applicant became aware of the presence of
a stream and associated riparian buffer located on the property within this previous year when applying for a local building
permit to construct the proposed protect.
If the applicant would comply with the applicable buffer rule, then it would not be possible to complete the proposed
residential improvements. The applicant evaluated crossing the stream with a permanent crossing to construct on the
remainder of the lot; however, this would result in far greater impact to the riparian buffer in addition to loss of stream bed.
The applicant has reconfigured the proposed improvements to limit all disturbances to Zone 2 of the buffer. It is not feasible,
reasonable or practical for the proposed improvements to be designed to further minimize impact to the riparian buffer nor for
the applicant to attempt to relocate to a property without the riparian buffer constraints.
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).
The applicant was not involved or responsible for obtaining zoning or grading approvals of the overall larger subdivision that
contains the site. Based on information collected from the most recent survey, the site was included on a PLAT dating 1965.
FORM: VAR 10-2013 Page 5 of 6

3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
Due to the configuration of the lot and locations of existing residence/development and the location of the stream/associated
buffer bisecting the residential lot, there are no other alternatives other than the proposed. Furthermore, potential purchase of
adjacent or nearby lots to avoid impact to buffers is not economically feasible for the property owner.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The applicant has not knowingly or unknowingly violated the applicable buffer rule.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
Yes.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The applicant purchased the single family residence without being aware of the applicable regulatory requirements of the
stream and associated surface water buffer.
E. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage 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.
F. Applicant's Certification
I, David Thigpen, (print or type name of person listed in Section A, 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 Section F of this form will be recorded with all required permit conditions.
Signature: Z�)awdl
Date: October 17, 2022
FORM: VAR 10-2013 Page 6 of 6

AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps
of Engineers and North Carolina Division of Water Resources field verification and permitting.
400 Redwood Circle
Property Address:
Raleigh, N.C. 27609
Applicant Information:
David Thigpen
Name:
400 Redwood Circle
Address:
Raleigh , N.C. 27609
252-917-1540
Telephone Number:
Fax Number:
n/a
E-mail Address:
[e-mail]
Signature: Z�)av'e�z j� Date: 10/06/2022

PROPERTY OF
DAVID THIGPEN & JESSICA THIGPEN
LOT 17, ASHLEY PARK, SECTION TWO, BLOCK A
400 REDWOOD CIRCLE
SCALE: 1 "=60'
DEED BOOK 15485, PAGE 1612
REFERENCES: BOOK OF MAPS 1965, PAGE 270
LEGEND
0
Ex. iron pipe/rod or nail
ca)
Utility pole
O
Water meter
OS
Sanitary sewer marBwle
6
Sanitary sewer cleanout
— X —
Fence
— all —
Overhead utility
LOT 2
RALEIGH TOWNSHIP
WAKE COUNTY
RALEIGH, NORTH CAROLINA
SEPTEMBER 19, 2022
CURVE TABLE
CURVE
LENGTH
RADIUS
BEARING
CHORD
C1
50.08
50.00
N 39 8'04." W
1 48.01
OB
PBor BM
Deed Book
Plat Book Book of Maps
KRISTEN KENNEDY
I
DB 18918, PG 979
LOT 3
JOSHUA W. &
I
P/L
Property line
BM 2017, PG 1419
TRACEY M. BEAMS
PG
Page
DB 17318, PG 2442
PIN: 1706-65-4059
S.F.
Squareteet
BM 2017, PG 1419
AC.
Acres
\
5/8- IRON
I PIN: 1706-65-5047
RM/
AG
Right-of-way,
Aboveground
\ PIPE FLUSH
\ S 83'18'02"
BG
Below ground
E 160.41,
\
COP
Covered porch
r
20' DRAINAGE
CONC.
Concrete
/ EASEMENT I
DM/
Driveway
-- .
SETBACK
CLF
D
PC
Cheinlink fence
Deck
Proposed concrete
(TYPICAL) .
fSAO,,� LOT 17� I
A� 'u11/ l� 34,879 S.F.
PD
PP
Proposed deck
Proposed patio
? `�' Ab .� 0•80 AC. C2PIGI I
4y
ElS
EISFWIBSMT
Proposed inyround ains,
Existing 1-story !tame
/
\T gn��'£y, Q� rr
basement
with
LOT 18
Mb•
10'
TIMOTHY L. &
JULIE C. POYER 2
14.8
DS 11641, PG 1931
BM 1965, PG 270
PIN: 1706-64-3932 /
5/8- IRON \
q o
PIPE 0.1' BG
Pc
�1
F7
REDWOOD
21.8
CIRCLE O
_
(50' PUBLIC R/W) _
_
i
NOTES:
1) All distances are horizontal ground in u.s. survey feet /
unless otherwise noted.
2) The basis of all easements, right-of-way's, buffers,
setbacks and adjoiners, etc., referenced from Book of
Maps 1965, Page 270 & Wake County GIS unless
otherwise noted.
3) No investigation into the existence ofjunstlictional
wetlands or riparian buffers performed by Newcomb
Land Surveyors.
N: 764,819.4
E: 2,106, 400.0
5/8' IRON
PIPE O.Y BG
SITE DATA TABLE:
-PIN. 1706-54-0991
-ZONING. R-4
-OVERLAY DISTRICT: N/A
-INFILL STATUS: YES
{NO FRONT SETBACK
I CALCULATIONS PROVIDED DUE
TO SCOPE OF PROJEC7)
-ALLOWABLE BUILDING HEIGHT=
-3 stories / 4a
I SETBACK REQUIREMENTS:
(PER UDO SEC. 22. f.B)
•FRONT-2a
5/8- IRON -SIDE-fly
PIPE 0.2' BG -REAR-3a
-BUILDING SQUARE FOOTAGE(S):
Z835 S.F. EXISTING
(BUILDING DETAIL CARD)
!n 5/8' PINCHED
W IRONI�PIPE 0.1' AG
O I \
W
m I41
cl
>C LOT 7
W 51I KATHLEEN S. JOHNSON
`ao_ 4p', DB 17528, PG 1846
1 BM 1965, PG 270
3o' I PIN: 1706-64-6895
5/8- IRON
I PIPE 0.3' AG
20' UTIUN &ENT
DRAINAGE EASEM
LOT 16
rER ANDREA R. SCOTT &
1
/\
6
LINDA A. RICHARDS
DS 11777, PG 14014
BM 1965, PG 27C
/
PIN: 1706-64-4797
/
LINE TABLE
LINE
LENGTH
BEARING
L1
208.03
'4
4) Subject property is not located within a special flood IMPERVIOUS SURFACE AREAS
hazard zone per FEMA Flood Insurance Rate Map EXISTING HOUSE(FOOTPRINT): 2,439 S.F.
(FIRM)M372on0600J,effective date May 2,2006 EXISTING DRIVEWAY/WALKWAY/OTHER AREAS- 1401 SF
5) The Stale Plane Coordinates for this project were EXISTING DECK(S) 0 50%: 423 S.F.
Produced with RTK GPS observations PROPOSED DRIVEWAY/WALKWAY/OTHER AREAS: 2,745 S.F.
/
`0%lilII I III/// //
'(N CARO
and processed
using the North Carolina VRS network. The network PROPOSED DECK/BREEZEWAY: 0 50%: 197 S.F.
���
��� �9. •' • •
positioonal accuracy of the derived positional information PROPOSED BREEZEWAY: 56 S.F.
`� �. �O1rEsa/0'4(•y9is
•-
(TOTAL IMPERVIOUS SURFACE (PROPOSED): 7.239 S.F.)
_ 1
4 a -.
6) Builder/owner to verify all dimensions, placement of TOTAL AREA OF LOT: 34,879 S.F.
• —
SEAL
proposed improvements and applicable zoning PERCENTAGE IMPERVIOUS (PROPOSED): 20.75%
— L-S i O7 —
regulesonslaetbacksprior to construction PROPOSED IMPERVIOUS IN ZONE 2: 751 S.F.
' _Z
<>•
TOTAL AREA OF ZONE 2: 3,921 S.F.
7) All construction toUeinaccordance wthCiryot PERCENTAGE IMPERVIOUS IN ZONE 2: 19.15%
Raleigh andfor NCDOT standards and specNcalons.
O�
'.yb `
/� ✓G •, BVRV •.'• Q
PRELIMINARY PLAN FOR BUILDING PERMIT APPLICATION ONLY
'//�T7Ht
NOT FOR SALES, RECORDATION OR CONVEYANCES
nii+��\\`
NEWCOMB land surveyors, Llc, 7008 Harps Mill Road, Ste. 105,
Raleigh, NC 27615
Phone [phone], License # P-0203
This survey performed and map prepared without benefit of a title report. This survey subject to any
218517
facts and easements which may be disclosed by a full and accurate title search.
PIN: 1706-64-4991
1, Justin L. Luther, certify that this plat was drawn under my supervision from an actual survey made under my supervision
from references as noted; that the boundaries not surveyed are clearly indicated as drawn from information noted under
references; that the ratio of precision or positional accuracy exceeds 1: f0,000; and that this plat meets the requirements of
The Standards of Practice for Land Surveying in North Carolina 21 NCAC 56.1600)
Witness my original signature, license number and seal this � day of < (�jrr� -fQ 2 2022.
Professional Land Sr�yorA / L-5107

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Feet
Jft pi �. M 41L -

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
David Thigpen
400 Redwood Circle
Raleigh, NC 27609
Project: 400 Redwood Circle
NORTH CAROLINA
Environmental Quality
October 14, 2022
Expiration of Acceptance: 4/14/2023
County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Neuse
03020201
Riparian Buffer
Uo to 751 @ 1.5:1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Deputy Director
cc: Bradley Luckey, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
h(h�TH :.AROI iRA IV
o �nmmmenni w�a 919,707,8976