20052015 Ver 2_Staff Comments_20071107

OF wATF9
~~~ ~ ~~'~ _ _ ~ ~ Michael F. Easley
`p~ OG ~Y10~' '~~~~"' Governor
t~ ~ ~ i C ~ , I / S ~~ y~U ~r~ ~~^ William G. Ross, Jr., Secretary
.~ ,,,,I J J "v l ~ I Department of Environment and Natural Resources
~ ~ Coleen H. Sullis, Director
~~ ,^p~;,~ (~pfi Bt(~,~-,5 F ,y1; -~ , Division of Water Quality
Consideration of a Request for an After-the-Fact Major Variance from the Neuse River
~ /~~~ I >a/ ~~~~Riparian Area Protection Rule
C. C16 pJ)~.~,.~{
bu,j ~~, i~~S ~ Lot 35 Evans Estates, Cary, NC
~ . ~ ~ C,~',n., /J~Iovember 7, 2007
A request has been received for the Water Quality Cofnmittee o grant an after-the-fact variance from the Neuse River Riparian Area
Protection Requirements for Robert Longo's Lot 35 in Evans Estates, located at 402 Telia Point, in Cary, Wake County, North
Carolina.
The applicant, Robert Longo, constructed atwo-story home partially in Zone one and Zone two of the protected riparian buffers.
Construction of the home began in February of 1998. December of 2004 Division of Water Quality (DWQ) staff visited the site and
wrote Mr. Longo a Notice of Violation for the home construction. The home currently occupies 770 square feet of Zone two and 22
square feet of Zone one of the protected riparian buffers. The applicant is asking for additional construction in Zone one and Zone two
of the protected riparian buffers as well. The applicant is proposing a sunroom to be installed that would impact 199 square feet of
Zone two and 5 square feet of Zone one of the protected riparian buffers. The DWQ believes this is not consistent with 15A NCAC
02B.0233(9)(a)(i)(A) in that installing the sunroom to make the house more profitable, as well as 15A NCAC 02B.0233(9)(a)(i) , m
that the applicant knowingly caused the hardship to himseli;are not adequate justifications for the additional impervious surface in the
buffer. However, the applicant is also proposing a 12-foot high wooden-slatted deck to be constructed that is in compliance with a
current DWQ buffer consistency memo (see attached memo). DWQ does not object to the deck construction. The deck would only
require a buffer authorization. For the current impervious surface in the buffer, the applicant is proposing two rain gardens to treat
stormwater runoff at the site. The applicant has proposed to make a payment to the North Carolina Ecosystem Enhancement Program
to mitigate for the loss of riparian buffer.
+~ecommendations and Preliminary Findings:
1. The Division Staff believe that the applicant's request has met all of the requirements [(identified within 15A NCAC 2B
.0233(9)(a)J for granting a variance for the home and the requirements [identified within 15A NCAC 02B.0233(7)(b)] for
allowing the construction of the deck. However, the Division believes the applicant's request has not met all of the requirements
[(identified within 15A NCAC 2B .0233(9)(a)] for granting the variance for the sunroom.
2. The Division staff believes that the applicant is proposing sufficient nitrogen removing stormwater controls to compensate for the
loss of the nutrient removal functions of the impacted buffers.
3. The Division staff believes that the applicant is proposing sufficient buffer mitigation to compensate for the loss of the riparian
buffer by paying into the North Carolina Ecosystem Enhancement Program.
4. Additional Conditions -The Division staff believes that a deed restriction on the restored and remaining protected riparian
buffers should be added to the variance if approved. /~ )~~p ~N (~
The division staff d object to the approval of the var><ance request for the sifnroom in the buffer. N~'el~yl~cr
The Division staff do not object to the approval of therafter-the-fact variance request for the home in the
buffer.
The Division staff do not object to the approval of the request for the wooden-slatted deck in the buffer.
Attachment: DWQ Memorandum for wooden-slatted decks (September 22, 2006)
401 OversighUExpress Review Unit
1650 Mail Service Center, Raleigh, NoRh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htta://h2o.enr.state.nc.us/ncwetlands
N °rthCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

.~~~~ W AT ~R~G
~ r
~ i~ ~
o `~,,
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 22, 2006
MEMORANDUM
RE: DWQ's stance on wooden-slatted decks and associated wooden-slatted steps within the Neuse and Tar-Pamlico
Protected Riparian Buffers
Problem: It has been brought to DWQ's attention that wooden-slatted decks and associated steps in either zone of the
protected riparian buffers has only been addressed in the definitions under 15A NCAC 026.0202(13), where wooden-slatted
decks are considered pervious. However, DWQ has concerns that not all wooden-slatted decks are high enough to allow for
adequate sunlight and moisture to penetrate them to ensure that Zones 1 and 2 of the buffers are continuing to be
maintained in vegetation as required in 15 NCAC 26.0233(4) and 15NCAC 26.0259(4).
Solution: Provided that minimal vegetation is removed from Zone 2 and no vegetation is removed from Zone1 during the
installation of the deck, if the deck is at least 8 feet (ft) in height to allow for adequate sunlight and moisture for maintaining
vegetation beneath it and that it meets the requirements of diffuse flow and having a Zone 1 and Zone 2 of the buffers, then
decks (and associated steps) would be allowable in Zones 1 and 2 of the protected riparian buffers. However, if the deck
does not meet any of the requirements listed above, it would be considered allowable with mitigation in Zone 2, but
prohibited in Zone 1 of the protected riparian buffers.
Please note: If the d ck is built within one of the 20 Coastal Counties that meets the criteria for the General Coastal
Major Variance, thi a ran um does not apply.
Signature: Date: 2 t9~
401 Wetlands Certificatbn Unit
1650 Matl Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, Noah Carolina 27604
Phone: [phone] /FAX [phone] Internet: htto://h2o.enr.state.nc.uslncwetlands
Nose hCarolina
~atura!!r~
An Equal OpportunilylAffinnative Action Employer - 50% Recycled/10% Post Consumer Paper