Loading...
HomeMy WebLinkAbout20170556 Ver 1_Riparian Buffer Authorization_20170504,/,1 moffatt & nichol May 3, 2017 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 (919) 781-4626 Fax (919) 781-4869 www.moffaUnichol.com Ms. Karen Higgins NCDWR-401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Dear Ms. Higgins: 201 70556 R"E�Cjei Mqy VED s of 0 4 ?01� T �RMwA FR pQ�q(ln. ERMITT/N� On April 27, 2017, Adam Efird and myself met with Jennifer Burdette to discuss this project (see attached application form and maps). This project proposes to construct a residential house on a lot in North Raleigh that contains an unnamed tributary to Hare Snipe Creek. The new owners propose to remove the existing home and construct a new home on the site. However, the footprint of the new home (with respect to the riparian buffers) is not exactly the same as the existing home. Overall, there will be less impact to the riparian buffers with the new home but there is an area of 259 square feet of new impact where lawn currently exists today. At this meeting, Jennifer recommended that we modify the footprint of the new house in order to avoid any new impact in Zone 1 which would then make the construction eligible to approval under NC Session Law 2012-200. The applicant (John Heidel from Homestead Building Company) has made that change and now there are no new impacts to Zone 1 from the new construction. The net decrease in impact to the riparian buffer is 625 square feet comparing the new house to the old house. We understand from the Session Law (as confirmed by Jennifer) that compensatory buffer mitigation is not required for this approval. Similarly, the builder has agreed to direct all gutters and downspouts to flow in a diffuse matter to exit the house roofs out of the riparian buffer and then flow in a diffuse manner to the stream across the level lawn. This is an improvement to the existing situation where stormwater from the existing house flows directly into Zones 1 and 2. Therefore with the net reduction in buffer impact and redirection of stormwater flow from the house, there should be a net reduction in pollutants including nutrients entering the unnamed tributary and downstream Hare Snipe Creek. Please advise if you or your staff have any questions. I can be reached at 919-522-6364 or via email at Idorney@moffattnichol.com. Thank you in advance for considering and processing this application. Sincerely, MOFFATT &OL low John Dorney Cc: John Heidel, Homestead Building Company Adam Efird, Moffatt & Nichol 4700 Falls of Neuse Road, Suite 300 Raleigh, NC 27609 ,,,, 1919)781-4626 moffatt & nichol :. MEMORANDUM AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: Springdale Estates Lot 93, Section 2, Map 6, Book of Maps 1973, Page 342, 8601 O'Neal Road, Raleigh, NC STREET ADDRESS: 8601 O'Neal Road, Raleigh, NC Property Owner Name Please print: Get grid �� �, ��/V g MAY 04 Property Owner: John Heidel, Homestead BuildingST R NR-(,qN� �O,I M�AtFR�� The undersigned, registered property owners of the above noted property, do hereby authorize � ��NG John R. Dorney, of Moffatt & Nichol, Raleigh to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 12339 Wake Union Church Road, Wake Forest, NC 27587 Telephone: 919-556-8472: Email — john�ohomesteadbuilt.com We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. �C (Signature) xv <-�� %�- (Printed) Dated: State of North Carolina Department of Environmental Quality 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) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: 8601 ONeal Road 1 b. County: Wake 1c. Nearest municipality: Raleigh 1 d. Subdivision name: Springdale Estates 1 e. Is the project located in any of North Carolina's twenty coastal counties? If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Homestead Building Company 2b. Deed Book and Page No. 16602 page 2348 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 1973 page 342 2d. Responsible Party for Corporations): John Heidel 2e. Street address: 12339 Wake Union Church Road 2f. City, state, zip: Wake Forest, NC 27587 2g. Telephone no.: 919-556-8472 MAY 0 4 2017 2h. Fax no.: n/a 2i. Email address: john@homesteadbuilt.com D QUALITY 3. Applicant Information (if different from owner)PERMITTING 3a. Applicant is: ❑ Agent ❑ Other, specify: 3b. Name: 3c. Business name if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Agent/Consultant Information (if applicable) 4a. Name: John Dorney 4b. Business name if applicable): Moffatt & Nichol 4c. Street address: 4700 Falls of Neuse Road, Suite 300 4d. City, state, zip: Raleigh, NC 27609 4e. Telephone no.: 919-781-4626 4f. Fax no.: n/a 4g. Email address: jdorney@moffattnichol.com FORM: BA 10-2013 Page 1 of 5 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0788404942 1 b. Site coordinates (in decimal degrees): Latitude: 35.895442 Longitude: -78.714814 1c. Property size: 1.36 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Springdale Estates Lake (UT Hare Snipe Creek) 2b. Water Quality Classification of nearest receiving water: B; 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: Existing lot platted in 1973. House was constructed on lot soon after that date. House is partially within Zone 1 and Zone 2 of the riparian buffer. Lawn is present along about 70 feet of the riprap section of the channel with a single line of trees present for an additional 30 feet. The remainder of the stream has a wooded buffer with the exception of an open, mowed corridor down to the edge of the lake. 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'/ 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: 345 linear feet 3e. Explain the purpose of the proposed project: The new owners want to demolish the house and construct a new house on roughly (but not exactly) the same footprint of the existing house. After construction, there would be 625 square feet of less impact to the protected riparian buffers (415 less square feet of impact to Zone 1 and 210 square feet of less impact to Zone 2). The new house would require some minor additional impact to Zone 2 (259 square feet) in order to configure the house away from Zone 1. The house footprint has been adjusted to ensure that there is no additional impact to Zone 1 which therefore makes the house construction approvable according to the NC Session Law 2012-200. Areas within the buffer that are presently in the footprint of the existing house and that are outside the footprint of the new house will be grassed and turned into lawn. 3f. Describe the overall project in detail, including the type of equipment to be used: Existing house will be removed and new home constructed using typical residential construction equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by El Yes 0 No ❑ Unknown the Corps or State been requested or obtained for this Comments: property/ project(including all priorphases) in thepast? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Moffatt & Nichol Name (if known): John Dorney Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Stream is shown on the Wake County soil survey but not on the USGS topographic map. Stream rating (see attached) using the DWQ Stream Form was 29.5 points on March 10, 2017 (See attached form). The applicant agrees that the feature is a stream subject to the riparian buffer rules. 5. Project History 5a. Have permits or certifications been requested or obtained El Yes 0 No ❑ Unknown for this project(including all priorphases) in thepast? 5b. If yes, explain and detail according to "help file" instructions. FORM: BA 10-2013 Page 2 of 5 6. Future Project Plans 6a. Is this a phased project? Yes ED No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected basin? Neuse Tar -Pamlico El 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 Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ required? (sq ft) (sq ft) or Temporary mitigation) T 131 ® P ❑ T Construct new Allowable according to UT Hare Snipe ❑ Yes ® No 0 259 home Session Law Creek B2 El P ❑ T ❑ Yes No B3 P ❑ T ❑ Yes El No B4 P T ❑ Yes El No B5 ❑ P ❑ T ❑ Yes ❑ No 66 0 P ❑ T ❑ Yes No Total buffer impacts 259 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. Design of the new house has been changed to relocate the screen porch into Zone 2 only upon recommendation of DWR staff ata preapplication meeting on April 27, 2017. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Screen porch was relocated to avoid Zone 1 but still align with the open, mowed corridor to the lake from the house. FORM: BA 10-2013 Page 3 of 5 2. Buffer Mitigation All buffer impacts and high ground impacts require diffuse flow or other form of 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® 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 1 c. If you answered "yes" to the above, has the document been finalized by the State 3 (2 for Catawba) Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Zone 2 Comments: 1.5 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Total buffer mitigation required: Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, 2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS proposed? ❑ Yes ❑ No 2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS. 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ® 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. 1 b. If you answered "yes" to the above, does the project require preparation of an If due to site constraints, a BMP other than a level spreader is proposed, please provide a environmental document pursuant to the requirements of the National or State (North plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP Carolina) Environmental Policy Act NEPA/SEPA ? Manual and attach a BMP Supplement Form. 1 c. If you answered "yes" to the above, has the document been finalized by the State F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public federal/state land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act NEPA/SEPA ? 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ® 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 ❑ Yes ® No Wetland 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 ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): �)LJ �h �,�r� <._ Applicant/Agent's rinted Name Ap icant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) FORM: BA 10-2013 Page 4 of 5 Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service: NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 For all other projects sent by First Class Mail via the US Postal Service For government transportation projects sent by delivery service (UPS, FedEx, etc.): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 For all other projects sent by delivery service (UPS, FedEx, etc.): Karen Higgins Karen Higgins NCDWR — 401 & Buffer Permitting Branch OR NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 5 of 5 NC DWn Stream Identifientinn Fnrm Varcinn d 11 Date: �i I ProjectiSite: (p C I D Latitude: 1� b Evaluator: County: Longitude: M v �N q` Total Points: Stream Dete ati (circle one) Other Stream is at least intermittent \-� d 2: 19 or erennial if _ 30* \ Ephemeral termitte t Perennial e.g. Quad Name: A. Geomorphology Subtotal = �� Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 0 1 0.5 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 01 Yes 3 2 3 4. Particle size of stream substrate 0 1 7127 3 5. Active/relict floodplain 0 1 Notes: 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 2 3 8. Headcuts 0 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 . 1.5 11. Second or greater order channel N 0 Yes = 3 -artificial ditches are not rated; see discussions in manual R Hvdrnlnnv fSuhtntal = 9q ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1= 17. Soil -based evidence of high water table? No = 0 1 Yes 3 C. Sioloav (Subtotal = "k .tn ) 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 ( 2 3 21. Aquatic Mollusks 0 2 3 22. Fish 0.5 1 1.5 23. Crayfish IV 0.5 1 1.5 24. Amphibians 0 0.D 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 OtherCo'-) *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: ll 7,D U paqno-iApiooSoiydejboaE)IeuogeNelOZ0,.jgb1aAdo3Pei ; d•E�µ r 000,9- 000' b 0 `Z 000` � 0 Y �i r .. r _w. J. t # �'' `+r„��""'"' • t i � M -, *k NI �i`0 nN \ ," 'A •fir.`- f � i R / -or E ._ .r �1sf'54� ,. t, j �Y y� r e y `k ,. . • • • • , � � a t k �, , .�. �i a :Il 1 •all ,. _._. a �.ri� �� ,� ";m.����, .w" �• _}�i►si�i'1�ii �t�:�t .,�.,� '��. �„. *���". 1We 1Z 5000 4000 3000 2000 1000 0 5000 Feet g Scale 1:15840 nni n °^, n (Joins sheet 27) m �°O � F • � c 7 car . $ C, a K' -- �' - q�Q lei y R n '• c �,� i � f m t re �� AY N °� ..�f � A ��d C'y •`_ n �': �. � is /'m � ,J � � i ? T m � a "� +� N o = ,� n 00 7 O N N S �•n t N \ ��TS � , � O , � / v n ^. / ' •R+.- S / ` � T,i war 11 3 f Nq ri moo' NC - m t 7c, i SUBJECT PROPERTY IS-__ IS NOT LOCATED IN A SPECIAL FLOOD HAZARD Aft LA AS DESIGNATED ON FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.M.A.) FLOOD INSURANCE RATE MAP NUMBER------------------ SPRINGDALE LSTATESS ZX ASSOCIATION F LOT 94 ENCROACHING INTO NEUSE RNER BUFFER EXISTING HOME INTO ZONE 1 415 S.F. INTO ZONE 2 954 S.F. TOTAL 1,369 S.F. PROPOSED HOME � wA INTO ZONE 1 0 S.F. INTO ZONE 2 726 S.F. Q TOTAL 726 S.F. ` Y NEW IMPACK 0z 00 (/� N ^� (o INTO ZONE 2 259 S.F. !\ v �f cu mmw s EXISTING ' �, PROPOSED — 33.3' 4 " �/ 1 ¢Y t .-a 0 :Y? z LOT 1 SPRINGDALE BOM 2015 PG 1004 S 54°02'51'f E 16200' WOOD LAWN DRIVE 60' PUBLIC R/W SPRINGDALE ESTATES SECTION 2 MAP 6 93 LOT _____. BLOCK___ RECORDED IN BOOK OF MAPS_- 973, PAGE_ 342 I, JOHN Y. PHELPS, JR. HEREBY CERTIFY THAT THIS MAP IS CORRECT AND THAT THE BUILDINGS LIE WHOLLY ON THE LOT AND THAT THERE A4�}(�� OACHMENTS OF OTHER THJSDMAPS 15 '.; 1E 1�4er ,OWN OTHERWISE. I PRELIMINARY PLAT, NOT FOR RECORDATION, CONVEYANCE OR SALE BUILDER TO VERIFY HOUSE DIMFNSIONS WAKE COUNTY, N. C. PLOT PLAN CIO HOMESTEAD BUILDING C NT)wy 8601 O'NEAL RD �M m S -c o RALEIGH, N.C. m� ,� M SCALE{ = (� O DATE i V JOHN Y, PHEUS, . 3 9 1 PROFESSIONAL LAND SURVEYOR 5110 BUR OAK CIRCLE RALEIGH, NORTH CAROLINA, 27612 (919) 787-3658 � wA Ir m0) l� � uj ` Y 0z 00 (/� N ^� (o j N !\ v �f EXISTING ' �, PROPOSED — 33.3' " �/ 1 ¢Y t GO I r—i 00 Q (xi 0 \ 3 Z c) C:) p Q I S 54°02'51'f E 16200' WOOD LAWN DRIVE 60' PUBLIC R/W SPRINGDALE ESTATES SECTION 2 MAP 6 93 LOT _____. BLOCK___ RECORDED IN BOOK OF MAPS_- 973, PAGE_ 342 I, JOHN Y. PHELPS, JR. HEREBY CERTIFY THAT THIS MAP IS CORRECT AND THAT THE BUILDINGS LIE WHOLLY ON THE LOT AND THAT THERE A4�}(�� OACHMENTS OF OTHER THJSDMAPS 15 '.; 1E 1�4er ,OWN OTHERWISE. I PRELIMINARY PLAT, NOT FOR RECORDATION, CONVEYANCE OR SALE BUILDER TO VERIFY HOUSE DIMFNSIONS WAKE COUNTY, N. C. PLOT PLAN CIO HOMESTEAD BUILDING C NT)wy 8601 O'NEAL RD �M m S -c o RALEIGH, N.C. m� ,� M SCALE{ = (� O DATE i V JOHN Y, PHEUS, . 3 9 1 PROFESSIONAL LAND SURVEYOR 5110 BUR OAK CIRCLE RALEIGH, NORTH CAROLINA, 27612 (919) 787-3658