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
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Mqy VED
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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:
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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
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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
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EXISTING
' �, PROPOSED
— 33.3'
"
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1
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t
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r—i
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(xi
0
\
3
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p
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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