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HomeMy WebLinkAbout20221442 Ver 2_8332.1_Redwood Circle_Min Var_11.27.23_20231127State of North Carolina DWR Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .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 02B.0233) ❑ Major Variance X Minor Variance ❑ Catawba River Basin (15A NCAC 02B.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250) ❑ Major Variance ❑ Minor Variance ❑ Tar -Pamlico River Basin (15A NCAC 0213.0259) ❑ Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.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: Title: Street Address: City, State & Zip: Telephone: Email: licant is Owner 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 Thieoen 400 Redwood Circle Raleigh, NC 27609 252-917-1540 david@mitconsult.com 3. Agent Information: 3a. Name: Company Affiliation Street Address: City, State & Zip Bradley S. Luckey Pilot Environmental. Inc. PO Box 128 Kernersville, NC 27285 Telephone: 336.708.4997 E-mail: bluckey@pilotenviro.com 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: 10-06-2022 11/01/222 Minor Variance SWR #20221442 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 received written approval of an NCDEQ-DWR minor variance dated November 1, 2022 for residential improvements including the construction of an in -ground swimming pool and patio that resulted in permanent impact to 751 square foot Zone 2 of the riparian buffer. The applicant mitigated for the riparian buffer impact to 751 square feet of Zone 2 of the riparian buffer sometime in early 2023. According to October 16, 2023 as built survey, the patio and pool were generally constructed within the previously authorized impact limits. Following construction of the pool and patio, the applicant constructed an approximately 435 square foot concrete basketball court within approximately 155 square feet of Zone 1 riparian buffer and 223 square feet of Zone 2 riparian buffer. Grassed vegetation surrounds the recreational area. 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 FORM: VAR 10-2013 Page 3 of 6 0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft' 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 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 -HP ❑ T Swimming Pool & Patio X Yes ❑ No 0 751* B2 - ®P ❑ T Basketball Court X Yes ❑ No 155 223 B3 ❑ P ❑ T ❑ Yes ❑ No Total Buffer Impacts 155 751*/223 'Label on site plan *denotes previously authorized/mitigated impacts. 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' 155 3 465 (2 for Catawba only) Zone 2 223 1.5 335 Total Buffer Mitigation Required: 800 '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 through purchase of 800 square feet of riparian buffer credits from EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC private bank. According to SOA dated November 27, 2023 (attached), the EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC, mitigation bank currently has 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 project 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 complies 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 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 adiacent or nearbv 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. The applicant is a private individual that is not aware of riparian buffer protections. The applicant was not aware of the necessity for written approval for riparian buffer impacts from the recreational area and was informed during local compliance visits to obtain COC from construction of patio/pool. 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: Date: November 27, 2023 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: david@mjtconsult.com 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: 111=60' DEED BOOK 15485, PAGE 1612 REFERENCES: BOOK OF MAPS 1965, PAGE 270 LEGEND O Ex. iron pipelrad or nail 71y Utility pole 0 water meter $� Sanitary sewer manhole O° Sanitary sewer cleanout — % — Fence — all — Overfeed utility DB D d Book 10T 2 RALEIGH TOWNSHIP WAKE COUNTY RALEIGH, NORTH CAROLINA OCTOBER 16, 2023 CURVE TABLE CURVE LENGTH RADfUS BEARING CHORD C7 50.08 50.00 N 39'08'04" W 48.01 PB or BM ee Plat Book I Book of Maps I KRISTEN KENNEDY LOT 3 SA M U EL D. do PIL PG Property line \ Page DB 18918, PG 975 I BM 2017, PG 1419 I JESSICA K. BOC PIN: 1706-65-4059 DB 19194, PG 2258 S.F. Squareteet �j \ BM 2017, PG 1419 AC Acres \ PIN: 1706-65-5047 I AG Right-aFway �. Aboveground PPE FRUOSH -� > S 83-18'02" BG Below ground E 160.41' SITE DATA TABLE: -PIN: 1706-644991 -ZONING. R-4 -OVERLAY DISTRICT- NIA -INFILL STATUS. YES -(NO FRONT Si CK CALCULATIONS PROVIOED DUE TO SCOPE OF PROJECT) -ALLOWABLE BUILDING HEIGHT= -3 stories 141r SETBACK REQUIREMENTS: (PER UDO SEC. 2.7 10) -FRONT-20' 5/1 IRON -SIDE- 101 PIPE 0.2' BG -REAR-30 CVP Coveredporch _ w 20' 1) ANIAG V E 1 1`1 -BUILDING SQUARE FOOTAGE(S). CONO Concrete BASKETS � � _ EgSEMENi _ I I 2,835 S.F EXISTING DrW Driveway / COURT %%tt ,'—..— SETBACK' 1 11 1 — (BUILDING DETAIL CARD) CLP Cheimink fence 50' BUFFER I�ICk) I it D Deck OF To FROMANKP j f �,F.4V+ LdT �% "- u) 5/8" PINCHED P Patio wKvepit �_ r� d!I ,,� IRON PIPE 0.1 AG HT Hot tub / -e 34, 879 S.F. 01 w PP Pool patio /80 I IGP In -ground poolSDI IL L4 k \ S Stone N EISFWBSMT Existing 1-story frame e" m with basement / , + 10' A dA s \ mLOT 7 LOT $ N 1 \ 1$ :' �i KATHLEEN S. JOHNSON TIMOTHY L. & ` e :° II W "1 DB 17528, PG 1846 JULIE C. POYER rVV o `� +` \` $ t 01 M'R BM 1965, PG 270 DB 11641, PG 1931 rA� \ \ 1 I m BM 1965, PG 270 2 ` o o DA 00 11 30, PIN: 1706-64-6895 PIN: 1706-64-3932 n � _ 5/8" IRON 5/8" IRON 'aC O —x c� S J PIPE 0.3' AG PIPE 0.1' BG �� C7 \ _ s_ 1-1 en �LF \ REDWOOD Goric D/" 7zo' Dn�+TT VENT D \ CIRCLE 0 DRpdNAGEEAS%N (50' PURIIC R/Wl \ \ ZO NOTES. I All distances are horizontal ground in IMPERVIOUS SURFACE AREAS s_survey test unless othemsenoted . EXISING HOUSE(FOOTPRBNT): 2,439 S.F. 2) The basis of alleesements. EXISTING DRIVEWAY/WALKWAY/OTHER AREAS: 2,164 S.F. dghtaf-way's, confers, seddaeks and EXISTING DECK(S) W/STEPS: 614 S.F. ® 50%: 307 S.F. adjoiners, etc . referenced from Book of EXISTING POOL PATIO: 1,819 S.F. MAP. 1965,Page 270aWake Co-ty EXISTING POOL EQUIPMENT PAD: 39 S.F. GIS unle-11-m-isanoted. EXISTING BASKETBALL COURT: 435 S.F. / CONTROL CORNER N: 764,819.41 ANDRELAR SCOTT / \ \ \ \ a �0a E: 2,106,400.06 DB 19321, PG 1244 BM 1965, PG 270 / \ 5/8" IRON PIN: 1706-64-4797 PIPE 0.2' BIG V / Z LINE TABLE LINE LENGTH BEARING L3 208.03 S 79.49'23" W TOTAL IMPERVIOUS SURFACE EXISTING 7.239 S.F. )- ) 1111111111f wetlands of riparianTOTAL AREA OF LOT: 34,679 S.F. performed CARO���i,� bl' Ntewcamb Surveyors. y PERCENTAGE IMPERVIOUS (EXISTING): 20.75% \���N Q` "• 4)Subject property isnot located .,thine EXISTING IMPERVIOUS IN ZONE 1: 155 S.F. S. r� •�r<E83/O' .'l+' /// special flood hazard zone per FEMA TOTAL AREA OF ZONE 1: 18,730 S.F. Flood Insurance Rate Map(FIRM) PERCENTAGE IMPERVIOUS (EXISTING): 0.01% SEAL — u3720170600K,effactivedate July 19L EXISTING IMPERVIOUS IN ZONE 2: 974 S.F. — — L-5107 2022 TOTAL AREA OF ZONE 2: 3,921 S.F. PERCENTAGE IMPERVIOUS IN ZONE 2: 24.84% _ 5 f/ ' 5) The Stale Plane Coordtnatesfor this FRONT YARD DRIVEWAY IMPERVIOUS: 825 S.F. per•' ;y /j O GPS project were produced with using observations and processed using the FRONT YARD AREA: 4,050 S.F. ,y 81JRv •• �� North CencimVi networkI network PERCENTAGE FRONT YARD IMPERVIOUS: 20.37% 7y�'�t denvThe ASBUILT SURVEY 1111 NEWCOMB land surveyors, Llc, 7008 Harps Mill Road, Ste. 105, Raleigh, NC 27615 Phone (919) 847-1800, License 1# 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 d 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 1:70,000, and that this plat meets the requirements of The Standards of Practice for Land Surveying in North Carolina (21 Ni 56.1600) Witness my original signature, license number and seat this Ib� day of OLT7S�$ n2023. L-5107 LIP L L z mow! w%M--kl-%,;!#, A Mgt �Rm -Ap/ L k4 6r Ai,v0 I I 0-4i V f CL-Zeqwmll�.4 A 6 I.. l� ■xb IL Elk, ~ C ,{r B r,4eC2en Ma � 4 ran-�� i - � r �� „- -! • - , P ' • ,et- ■� L Ce a r ' rr n rial cc 2 COW 10 I _-0 L '" r "Of or Legend _ 1 F ` ML ■ 0 250 500 1.000 Site Boundary Feet Jft pi �. M 41L - fires Statement of Availability - Neuse 03020201 (Outside Falls) EBX-Neuse I, LLC and Environmental Banc and Exchange (EBX) Riparian Buffer Mitigation Banks November 27, 2023 David Thigpen 400 Redwood Circle Raleigh, NC 27609 Re: 400 Redwood Circle Project This Statement of Availability confirms that David Thigpen for the 400 Redwood Circle project has expressed an interest to utilize 800.00 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX-Neuse 1, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase 11 Umbrella Mitigation Bank. As the official Bank Sponsors, EBX-Neuse I, LLC and Environmental Banc & Exchange, LLC, confirms that the required amount of mitigation credits is currently available at one or more of the mitigation bank parcels listed below, each of which are located in HUC 3020201. BANK PARCEL BANK SPONSOR DWR PROJECT # Bucher EBX-Neuse I, LLC 2016-0977v2 Selma Mil EBX-Neuse I, LLC 2014-0705v2 Hannah Bridge EBX-Neuse I, LLC 2017-0537v2 Meadow Spring EBX-Neuse I, LLC 2016-0980v2 Polecat EBX-Neuse I, LLC 2016-0978v2 Stone Creek EBX-Neuse I, LLC 2016-0241v2 Poplar Creek EBX-Neuse I, LLC 2016-0979v2 Uzzle EBX-Neuse I, LLC 2016-0981v2 Shady Grove Environmental Banc & Exchange, LLC 2020-1091v2 Wolf King Environmental Banc & Exchange, LLC 2020-1149v2 Thunder Swamp II Environmental Banc & Exchange, LLC 2021-0306v2 Caraway Bluff II Environmental Banc & Exchange, LLC 2014-0820v6 Mitigation credits are not considered secured with this SOA, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until credits have been reserved or purchased. Invoices reserve credits and per -credit pricing for a period of 30 days. Credits and pricing may be reserved for an extended period by signing a reservation agreement and paying a 10% deposit. Once payment has been received in full, the Mitigation Credit Transfer Certificate will be issued within three (3) days by the Sponsor acknowledging that the Applicant has fully secured credits from the bank and the Sponsor has accepted full responsibility for the mitigation obligation requiring the credits/units. A copy of the Mitigation Transfer Certificate, Compensatory Mitigation Responsibility Acceptance Form, and a documented copy of the debit of credits from the Official Bank Credit Ledger(s), indicating the permit number and the resource type secured by the applicant will also be sent to the regulatory agencies showing the proper documentation. 1 fires Thank you for allowing us to assist with your project. Please contact me at 919-209-1055 astaley@res.us if you have any questions or need any additional information. Thank you! Amy Staley Credit Sales Manager Bank Sponsors — EBX-Neuse I, LLC and Environmental Banc & Exchange (EBX) CC: Katie Merritt, Nutrient Offset & Buffer Banking Coordinator, NCDEQ Division of Water Resources Cherri Smith, NCDEQ Division of Water Resources Brad Luckey, Pilot Environmental