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Home My WebLink About20171020 Ver 1_Riparian Buffer Authorization_20170815DWR 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: 4407 Susan Drive 1 b. County: Wake 1c. Nearest municipality: Raleigh 1 d. Subdivision name: Greenbrier 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: Gemstone Homes LLC 2b. Deed Book and Page No. 016869/ 01913 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 1701 11 - Map Name 2d. Responsible Party for Corporations): Kenneth Godwin / Christopher Schiavone 2e. Street address: 1304 Green Oaks Parkway 2f. City, state, zip: Holly Springs, NC 27540 2g. Telephone no.: 919-697-2370 2h. Fax no.: 2i. Email address: chris@gemstonehomesnc.com 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ® Other, specify: 3b. Name: 3c. Business name Gemstone Homes LLC if applicable): 3d. Street address: 1304 Green Oaks Parkway 3e. City, state, zip: Holly Springs, NC 27540 3f. Telephone no.: 919-697-2370 3g. Fax no.: 3h. Email address: chris@gemstonehomesnc.com 4. Agent/Consultant Information (if applicable) A UG 1 i) 201 4a. Name: 4b. Business name- if applicable): ATER RE R 401 BUFFER p C SOU Es 4c. Street address: 4d. City, state, zip: 4e. Telephone no.: 4f. Fax no.: 4g. Email address: FORM: BA 10-2013 Page 1 of 6 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 1701652919 1 b. Site coordinates (in decimal degrees): Latitude: 35.716776 Longitude: -78.642174 1 c. Property size: .52 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lake Benson 2b. Water Quality Classification of nearest receiving water: WS -III NSW 2c. River basin: Neuse River Basin 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: Suburban Residential with homes surrounding. Trees and underbrush in back of lot around stream, flat grassy area in front of lot where structure to be located. 3b. Attach an 8 Y2 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: 110 feet 3e. Explain the purpose of the proposed project: Build a new single-family home on the property 3f. Describe the overall project in detail, including the type of equipment to be used: Ground up design/build of a single family home. Equipment to be used will include but not limited to: light machine bobcat crane home framing), mini excavator (footings) 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project(including all priorphases) in thepast? ❑ Yes 0 No 0 Unknown Comments: 4b. If yes, who delineated the jurisdictional areas? Name (if known): Agency/ Consultant Company: Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project(including all priorphases) in thepast? El Yes No El Unknown 5b. If yes, explain and detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. FORM: BA 10-2013 Page 2 of 6 C. Proposed Impacts Inventory 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Structure will be located forward of buffer area. Only encroaching slightly into Zone 2 of buffer. Building a 1. Buffer Impacts 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Using construction silt fencing around proposed construction envelope. Grading the lot so that water runs towards 1a. Project is in which protected basin? ® Neuse ❑ Randleman ❑ Tar -Pamlico ❑ Jordan ❑ Catawba ❑ 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 number— Permanent (P) or Temporary Reason for impact Type of impact (exempt, allowable, allowable w/ mitigation) Stream name Buffer mitigation required? Zone 1 impact (sq ft) Zone 2 impact (sq ft) B1 P T Residence allowable Swift creek El Yes Z No 193 B2 P ❑ T Total buffer mitigation required: El Yes El No n Yes ❑ No proposed? B3 El P ❑ T 2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: Yes El No B4 ❑ P T Yes ❑ No B5 P ❑ T ❑ Yes No B6 EIP OT ❑ Yes ❑ No Total buffer impacts 1c. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Structure will be located forward of buffer area. Only encroaching slightly into Zone 2 of buffer. Building a single story ranch style home, no garage. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Using construction silt fencing around proposed construction envelope. Grading the lot so that water runs towards Susan drive away from the buffer. No plans on grading/scraping undergrowth in zone 2 other than in areas where the structure will be located. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that ❑ Yes No requires buffer mitigation? 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 Multiplier Required mitigation (square feet square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS n Yes ❑ No proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: BA 10-2013 Page 3 of 6 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. use of public federal/state land? If due to site constraints, a BMP other than a level spreader is proposed, please provide a 1 b. If you answered "yes" to the above, does the project require preparation of an plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP environmental document pursuant to the requirements of the National or State (North Manual and attach a BMP Supplement Form. Carolina) Environmental Policy Act NEPA/SEPA ? Will not be impacting the natural flow of rain, runoff on property. Property will be graded so that runoff flows towards Susan drive and away from buffer zone. F. Supplementary Information I. 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): Applicant/Agent's Printed Name Applicant/Agent's Signature is valid only if an authorization letter from the 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 is For government transportation projects sent by delivery service (UPS, FedEx, etc.): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 OR For all other projects sent by delivery service (UPS, FedEx, etc.): FORM: BA 10-2013 Page 4 of 6 Karen Higgins NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699 - 1617 Karen Higgins NCDWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 FORM: BA 10-2013 Page 5 of 6 ii i r s - Aw ur El r a � r 1 y � 4D �ind Services C;b 1% ,1 s, vjc.if . NC ONEMAP DATA EXPLORER Ad External Service :hoose BaseMap Greentmiet Estates .- 11,1i ry :eedback lelp Layers Legend No data currently loa'ded. F-97 7, M C I loom I F5Tb �ft -78.6225, 35.7218 V1.1 HIGHWAY 70 ■ iCURVE i ARC I RADIUS I CHORO LENGTH I CHORD BEARING $ C1 1 97.69 1 306.70 1 97.28 1 S 63 24'25' E LINE BEARING 1 DISTANCE � l7 5 53 26'74' E ,94 1. DISTANCES ARE HORIZONTAL GROUND DISTANCES MEASURED IN tri r' 4p U.S. SURVEY FEET. COORDINATE METHOD. 2. I GEN 1 3. THISSURVEYTOONE N OF A TITLE SEARCH. m $ 4. ALL IRONS FOU ARE FLUSH KITH GROUND UNLESS OTHERWISE NOTED. SIT S. ANY DRAINAGEN SHOWN HEREON AND/OR ADJACENT TO THIS SITE DR NAY CREATE ADDI OVAL BUFFERS CLAIMED BY THE STATE OF NORTH CAROLINA OR 0 R REGULATORY AGENCY. ��,VHAAeA.rhHrr VICINITY' MAP LOT 232 C cw��ACA, NOT TO SALE LOT 231 "'� it o/� BM 1964 AGE 18 r£",�L \+ LOT - L-2,:21 _ 0 �. t S9 DB 1695 PAGE 11_<+- H PON. O PYVr+f- j IA)iES/- `A`h• I~! fBUILDER MUST VERIFY / r ��` DIMEPRIORTO FIElO / � STAKING. 2. BUILDER ACCEPTS ALL s RESPONSIBILITY FOR ANY SETBACK 1 '� VIOLATIONS. -`1 3. PORCHES, DECKS, WALKS A i DRIVES NOT STAKED IN THE FIELD.ol LOT 225 3 q/yL a /r to p m LOT 223 • IRON FOUNDIP,'J 127 SF 13 + O IRON SET / , D ZONE •S, 34 00' Uf LINE DISTANCE L3 6.26 H NATER METER PROP q PROP HuuSE 0 MANHOLE / 181-186 .+ + PORCH � LINE DISTANCE A PORTION OF (SEE NOTESI -0 -FIRE HYDRANT (SEE NOTES) 0 1 L4 73.00 L�T 224 m L5 9.33 O CUFF INLET / OF 47.00'- Aq 4741 ACOR ZONE 1 ¢" MY COD OINATEANTO WALK 4 S 57 44'20" E 86. L1 C1 HH / PRELIMINARY SUSAN DRIVE LINE I BEARING 1 DISTANCE 60' PUBLIC R/W FOR REVIEW ONLY 11.2 T N 8404'23' E 1 32.27 40 20 0 40 BO CREEK BANK LOCATED 7-2B-17 4407 SUSAN DRIVE SCALE IN FEET PROPOSED HOUSE 28 JULY 2017 BOOK OF MAPS 1963 PAGE 175 DEED BOOK 16391 PAGE 1168 W NOT FOR RECORDATION W LOT 224 GREENBRIER ESTATES SUBDIVISION I CERTIFY THAT THIS MAP WAS DRAWN UNDER NY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION REFERENCES SHOWN HEREON; THAT THE 891JNDARJES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION SHOWN HEREON;THAT THE RATIO OF PRECISION I 0,0 +; AN THAT T � MAP MEETS THE REOUIRE14ENTS OF THE STANDARD OF PRACTICE FOR LAND SURVEYING IN NORTH LI 21, C 160 wITNE55 MY ORIGINAL SIGNATURE, REGISTRATION NUMBER (L-2821) : AND SEAL. f Jr i ALSO. I CERTIF THAT TNI5 SU VEV IS OF AN EXISTING PARCEL OR PARCELS OF LANG AND ODES NOT CREATE A NEW STREET OR CHANGE AN EX TING STREET• / SRV'O: TREY DRAWN: TAH CHK 'D: LHS JOB 4 5083116 DATE: 20 SEPT. 2016 1 SCALE: 1" • 40' SULLIVAN SURVEYING SURVEY FOR: LAND SURVEYORS GEMSTONE HOMES 1143-0 EXECUTIVE CIRCLE CARY, NORTH CAROLINA 27511 TELEPHONE:(919)469-4738 SAINT MARYS TOWNSHIP, WAKE COUNTY, NORTH CAROLINA REVISED 02 AUGUST 2017 PAT MCCRORY Gaw wa DONALD R. VAN DER VAART vow NY S. JAY ZIMMERMAN Water Resources ENVIROMMENTAL QUALITY ( January 19, 2015 Jared Iqbal 4407 Susan Drive Raleigh, NC 27603 Subject: Surface Water Determination Letter NBRRO#16-003 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B.0233) Start® ❑ Tar-Pamlla� (15A NCAC 28.0259) � EphemeraUlntermittenflPerennial Determination USGS Isolated Wetland Determination ❑ Jordan (15A NCAC 2B .0267) Buffers Project Name: 4407 Susan Drive, Garner Location/Directions: The projected area is at 4407 Susan Drive in Wake County Subject Stream: Swift Creek Determination Date: 01/15M16 Staff: Cheng Zhang Stream E/I/P" Not Subject to Subject to Start® Stop@ Soil USGS Buffers Buffers Sury T A I X End of flared end X pipe B I X X •E111P = EphemeraUlnterrnittentlPerennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are chocked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request most be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notii3ed of this letter. A request for a determination by the Director "be referred to the Director In writing If sending via US Postal Service c/o Kann Higgins DWR — 401 & Buffer Perixfifing Unk 1617 Mail Service Center Raleigh, NC 27699-1617. If sending vis delivery service (UPA FedFr, etk) Kam Biggins DWR — 401 R Buffer Permit ft Unit, 512 N. Salisbury Sftw Rakigk NC 27604 Division of Water Resources, Raleigh Regional Office. Water Quality Operations Section http://portal.nedenr.orgtwebtwq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barren Drive, Raleigh. NC 27609 Fax: (919) 788-7159 44u-/ Susan unve, earner Wake County 01/15/2016 Page 2 of 2 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-307-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If ve questions erely, array Smith Supervisor, W Quality Regional Operations Center cc: RRO DWR File Copy feel free to contact Cheng Zhang at (919) 791-4259. MAKI, :1 �„ s y �:, 11 X771 , , � � .�; i•.. �1 �� y �� ,�/._ '� ;��!:.: �. ;fit,. ,+t� ��`� . �� ..��TT' 1 � _• � �'� �.:� - gal MF NO WWI I It Rft AUS i i` 00 rm low IA �,. oil II, 1A % t , � ,;%""` iid =IF y _r,�, . 17 'Wolf :1 1 � �.: mai► ra� � / ,- � ,�"�+� . �' , r ;� t � r "Otlit sw 77 �r�/n►` F ��w!hr*+r."w'I�'__ ,: I�' mow, • ... 4w �. North Carolina Division of Water Quality 0OFWATF9ov Neuse & Tar -Pamlico Riparian r Buffer Rule Changes 2012 Session Law 2012-200 became effective on Aug. 1, 2012. This law changed the application of the Neuse Riparian Buffer Rules (15A NCAC 02B .0233) and Tar -Pamlico Riparian Buffer Rules (15A NCAC 02B.0259). The new law and related rule changes apply only to the construction of single-family residences on existing lots located in the counties shown on the map below. IAR-PAMLICO MUSE For the session law's buffer rule changes to apply, all of the following requirements must be met: • The property must be in the Neuse or Tar -Pamlico river basin; • The property must meet the definition of an existing lot; • The development must be for the construction of a single- family residence and its nec- essary infrastructure; • And, construction of the single -family residence and its nec- essary infrastructure would = NEUSE =TAR-PAMLICO otherwise be prevented by the Neuse or Tar -Pamlico Buffer Rules. APAM NCDENR Revised December 2012 GLOSSARY OF TERMS Riparian Buffer Area of vegetated land next to a body of water. Coastal Marsh Same as coastal wetlands shown in diagram on page two. Diffuse Flow Overland flow of water that is spread out over the landscape, not concen- trated into a defined channel. Existing Lot A lot of two acres in size or less that was platted and recorded in the appropriate county Register of Deeds prior to Aug. 1, 2000. Impervious Surface Land cover that prevents infiltration of water into the ground (e.g., roof top, concrete). If all of the previously listed requirements are met, what does that mean for my property? • The protected riparian buffer has not changed with this law. However, a single-family home may potentially be built adjacent to a waterway or marsh if the following requirements are met: • The single-family residence must be set back the maxi- mum feasible distance from the top of the bank, the nor - mal water level or normal high -water level (whichever is ap- plicable). It must be designed to minimize encroachment into the protected riparian buffer. The single-family residence must be a minimum of 30 feet landward of the top of the bank, the normal water level or normal high-water level (whichever is applicable). • Stormwater generated by new impervious surface must be treated and diffuse flow maintained through the pro- tected riparian buffer. continued on reverse side Neusefrar-Pamlico Buffer Rule Changes Revised December 2012 • No part of a septic tank or drainfield may encroach into the protected riparian buffer. How do I obtain approval to apply the provisions of the session law to my property? If you meet all of the requirements outlined in this document and wish to apply the session law provisions to your property, please contact the N.C. Division of Water Quality regional office nearest your property's location. Division staff will verify that all requirements of the law have been met and will evaluate whether the No Practical Alternatives requirement of the Neuse and Tar -Pamlico Buffer Rules has been met. A Buffer Authorization or Variance may be required for impacts to the protected riparian buffer. Who should I contact at the Division of Water Quality? Raleigh Regional Office danny.smith ncdenr.gov 919-791-4252 Washington Regional Office amy.adams@ncdeDL.gov 252-948-3917 Wilmington Regional Office ioanne.steenhuisAncdenr.gov 910-796-7306 Central Office karen. higgins(@ncdenr.gov 919-807-6360 Buffer Zones on CAMA Wetlands +� Normal high water level In the Neuse and Tar -Pamlico river basins, there is a 50 -foot protected riparian buffer that is divided into two zones. The 30 feet closest to the water or coastal marsh (Zone 1) must remain undisturbed; the outer 20 feet (Zone 2) may be managed vegetation. Additional information can be found at these websites: o�oFW"T�RQG DWQ Regional Offices Map www.ncwaterguality.org y Coastal Stormwater Permitting http://portal.ncdenr.orcl/web/wq/ws/su/statesw#tab-2 DWQ Buffer Rules Information http://portal,ncdenr.org/web/wq/swp/ws/401/riparianbuffers