20081658 Ver 1_Minor Variance_20081103

WITHERS L, RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
ill MacKenan Drive I Cary, North Carolina 27511
tel: [phone] fax: [phone]
www.withersravenet.com
TO N (? - h In9 ( A? : Ale ?,413e Ali-- 2-44,04
113

DATE JO8 NO.
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ATTENTION
RE: I
WE ARE SENDING YOU ? Attached ? Under separate cover via the following items:
? Shop drawings ? Prints ? Plans ? Samples ? Specifications
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3

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NUV 3 ZON
DENR . WAIF R QUALI I i3fLA" lCr9
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Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Check the appropriate box below:
Major Variance 0 8- 1 6 5 8
? Minor Variance
Coleen H. Sullins, Director
Division of Water Quality
o Gk 17z), BY INC-31
Co
IgOV 3 2008
DENR - WATER QUALIP.
WETLANDS AND STOROATER BRANCH
Please identify which Riparian Area Protection Rule applies (Note-this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
http://h2o.enr.state.nc.us/admin/maps/.)
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Mike and Janet Rogers
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: W. Michael and Janet D. Rogers
Title: Property Owner
Street address: 100 Dec lair Court
City, State, Zip: Cary, NC 27513
Telephone: ( 919) 467-0627
Fax: ( ) same, call first
3. Contact person who can answer questions about the proposed project:
Name: Withers & Ravenel - Attn: Todd Preuninger
Telephone: [phone]
Fax:-)_238-2035 _
Email: _tpreuninger((twihtersravenel.com
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Version 3: January 2008
Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 412, Preston Estates Subdivision
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
305 Champions Point Way
-Cary, NC 27513
Wake
035.7972805 Degrees N, 078.83639650 Degrees W
6. Directions to site from nearest major intersection (Attach an 8 '/z x 11 copy of the USGS
topographic map indicating the location of the site). The site is located approximately 4000 feet
northeast of the intersection of Davis Drive (SR 1613) and High House Road (SR 1615), within
Preston Estates Subdivision. The site is bounded on the east by Turkey Creek.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
_No streams will be impacts by the proposed project.
Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit Type:
_NA _ CAMA Major
_NA_ _ CAMA Minor
_NA_ 401 Certification/404 Permit
_NA_ On-site Wastewater Permit
_NA_ NPDES Permit (including stormwater)
_NA_ Non-discharge Permit
_NA_ Water Supply Watershed Variance
-X__ Erosion/Sedimentation Control
The applicant will be required to obtain a Sediment and Erosion control plan, sediment/silt fences will
be instilled to insure that sediment does not leave the site during construction.
Others (specify) _
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area of
buffer impact in ft2.:
The proposed activity consists of the construction of a single family dwelling located within
Preston Estates. No buffers will be impacted as part of the proposed house footprint, but in order
to protect the applicant from flooding, a retaining wall will be installed in Zone 2 of the buffer.
Impacts to the buffer total approximately 240 SF. With the exception of the retaining wall, no
additional impacts to the buffer will occur and the buffer will be replanted following construction.
The attached plat map identifies the house and the retaining wall.
Variance Request Form, page 2
Version 3 January 2008
2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
Buffer Impact
Zone of Impact in Number Purpose for Required
Impact Square Feet (Indicate on the Impact Multiplier
Mitigation
Plan Sheet
Zone 1 NA NA NA 3 NA
Zone 2 240 1 Retaining 1.5 360
Wall/Safe
Total 240 360
*Zone I extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous
vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced
or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
-The property owner purchased this lot and was unaware of any FEMA issues or riparian
buffers. The original plans included grading into zone I and zone 2 of the buffers, in order to provide
landscaping the backyard. Once the FEMA issues and buffer issues came about, the applicant re-de-
signed the plans to minimize impacts to the buffer. The lot is located in an existing subdivision and
was platted in 1992, prior to the implementation of the buffer rules. Sanitary sewer permits were
issued for the subdivision and the lot has sewer service readily available. The applicant would like to
construct a house that `fits' in with the character of the neighborhood. The.original plans have been
revised to minimize impacts to the buffer, as well as provide room for landscaping the backyard and
provide safety from potential flooding by utilizing a retaining wall just outside of Zone 1 of the
buffer. With the exception of the retaining wall, Zone 2 will be re-vegetated and the applicant
proposes enhancement and planting in Zone 1 of the buffer.
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-
planting vegetation or enhancement of existing vegetation, etc.):
-During construction, the applicant will utilize silt fence to prevent sediment from leaving the
site. In addition, a tree protection fence will be installed at the interface between Zone 1 and Zone 2
to protect the remaining vegetation. As stated above, following construction, the applicant will re-
vegetate Zone 2 of the buffer and enhace Zone one of the buffer with planting, as part of their
landscape design.
5. Please provide an explanation of the following:
Variance Request Form, page 3
Version 3 January 2008
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
The practical hardships that result from the strict interpretation of this rule would limit the
property owner to a smaller house that would not fit in with the character of the neighborhood. If
a larger home were built, the back of the home would abut the buffer, leaving minimal space for
active yard areas (i.e. patio, etc.) that are protected from flooding and erosion.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This site is unique in that it is a single lot in Prestonwood Estates and was platted in 1992, prior to
the buffer rules. A majority, if not all of the lots in the subdivision have already been developed.
In addition to the riparian buffers, a segment of the FEMA floodplain is located over virtually the
entire lot, necessitating 2-5 feet of fill in this area, as well as a retaining well to prevent potential
flooding. The retaining wall is proposed to protect the fill areas from erosion and, thereby,
preventing sediment loss into the creek.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Although economic hardship is not the prime consideration for this project, it does have some
bearing. Specifically, the property owners purchased the lot, under the assumption that they could
be a home similar to other homes in the neighborhood. Any further re-design would either require
a home not in harmony with the neighborhood or no useable yard space.
. ............. ..
.......................... .
Part 3: Stormwater
1. Provide a description of all best management practices (BMPs) that will be used to control
nutrients and sedimentation impacts associated with the proposed activity. Please ensure to
include all applicable operation & maintenance agreements and worksheets for the proposed
BMPs. Also, include the BMPs on your plan sheets.
The applicant will utilize `weep holes' throughout the length of the retaining wall to allow for
diffuse flow into the buffer.
2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.
Variance Request Form, page 4
Version 3 January 2008
3. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach
a detailed plan for all proposed structural stormwater BMPs.
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs4 efficiency5 loading rate loading
(ac) (lbs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin (lbs)
1
2
3
4
S
Totals ------ ------ ------
4
Attach calculations and references.
s Attach calculations and references.
6 Include Phosphorus in the Tar-Pamlico Basin
Part 4: Water Quality Protection, continued
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
http://'h2o.enr.state.nc.us/su,-bmp forms htm
Part 5: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC
213.0242 for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin.
Mitigation for the impacts will be provided through EEP. A copy of their acceptance letter is
attached.
If buffer restoration is the method you are requesting, be sure to include 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. A guide to
buffer restoration can be downloaded at the following website:
http://ILww.nceep.net/news/reDorts/buffers.Ddf
Variance Request Form, page 5
Version 3 January 2008
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement,
then include an acceptance letter from the mitigation bank you propose to use stating they have
the mitigation credits available for the mitigation requested.
Part 6: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater BMPs
required by this variance shall be located in recorded stormwater 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.
Part 7: Applicant's Certification
_ ,_d _ (print or type name of person listed in
Part I, Item 2), certi that the informn 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 Part 5 of this form will be recorded with all required permit conditions.
Signature: 0_1_ 0,
Date: 'IC/ Z1106. Title: CuCIrULIA
Part 8: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Part 9: Checklist
A complete appplication submittal consists of the following components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
_TP_ • Original and two copies of the Variance Request Form and the attachments
listed below.
TP_ _ . A vicinity map of the project (see Part 1, Item 5)
TP_ _ • Narrative demonstration of the need for a variance (see Part 2)
TP • A detailed narrative description of stormwater treatment/management (see Part
4)
• Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
-- loading estimates (see Part 4)
• Calculations and references supporting nitrogen (phosphorus in the Tar-
Pamlico Basin) removal from proposed BMPs (see Part 4)
•
TP Location and details for all proposed structural stormwater BMPs (see Part 4)
• Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
TP BMP and/or narrative for each innovative BMP (see Part 4)
TP • Three copies of plans and specifications, including:
0 Development/Project name
Variance Request Form, page 6
Version 3 January 2008
TP 0 Engineer and firm
TP 0 Legend and north arrow
-TP- 0 Scale (1" = 50' is preferred)
-TP _ 0 Revision number & date
- 0 Mean high water line (if applicable)
-TP- - -- 0 Dimensioned property/project boundary
-TP- 0 Location map with named streets or NC State Road numbers
-TP-- -- 0 Original contours, proposed contours, spot elevations, finished floor
-TP--- --- elevations
TP- - 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
TP
-- -
Tp
- 0
Footprint of any proposed buildings or other structures
P-_---
-- - 0 Wetlands delineated, or a note on plans that none exist (none exist on site)
- -_ 0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
- -- 0 Drainage basins delineated
Tp 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries (the entire site is currently wooded)
Variance Request Form, page 7
Version 3 January 2008
OWNER INFORMATION
W. MICHAEL & JANET D. ROGERS
LOT 412, PRESTON ESTATES SUBDIVISION
PIN #0744.02-85-6311
D.B. 13090, PAGE 1303
B.M. 1992, PAGE 1303

CHAMPION'S POINT WAY
VARIABLE WIDTH R/W
CATV EIP
S 78.2
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MHOS
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NEW LONDONDALE DRIVE
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VICINITY MAP
APPROXIMATE LOCATION OF
100 YEAR FLOOD PLAIN
PER FEMA FIRM PANEL 3720074400J
EFFECTIVE MAY 2, 2006
EIP
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30' COMBINED
SANITARY SEWER AND
DRAINAGE EASMENT
I
APPROXIMATE LOCATION OF
100 YEAR FLOODWAY
PER FEMA FIRM PANEL 3720074400) 7?
EFFECTIVE MAY 2, 2006
NOTES: MH
E
}EIP
50' NEUSE RIVER
RIPARIAN BUFFER
TOP OF BANK
TURKEY CREEK
N
1. THIS MAP IS NOT A CERTIFIED SURVEY AND PCC SPORTS AND
HAS BEEN REVIEWED BY A LOCAL GOVERNMENT RECREATION SERVICES, INC.
AGENCY FOR COMPLIANCE NTH ANY APPLICABLE 1
LAND DEVELOPMENT REGULATIONS.
2. THERE ARE NO WETLANDS PRESENT ON SITE.
. '
3. ALL BEARINGS AND DISTANCES ARE /
/
HORIZONTAL GROUND MEASUREMENTS
4. ALL ELEVATIONS ARE BASED ON
NGVD '88 DATUM.
5. ALL CONTOURS ARE AT 1' INTERVALS

HIGHLIGHTED EVERY 5'. /

6. FEMA 100 YEAR BFE = 308.2' /
7. FEMA 500 YEAR BFE = 309.5'
8
MINIMUM CRAWL/BASEMENT FLOOR
.
ELEVATION = 311.5'

PROPOSED RETAINING WALL
185 LF (240 SQUARE FEET)
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CURVE TABLE
CURVE LENGTH RADIUS CHORD BEARING
C- 1 69.02' 62.50' 65.57' N 24'41'36" E
50 25 0 50 100
SCALE 1"=50'
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WITHERS" RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive Cary, North Carolina 27511
Drawn By: Scale:
FIGURE 2: Subdivision Layout LT 1" = 2000'
Prestonwood - Lot 412
Wake County, North Carolina Date:
Figure No.:
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Job Number.
tel.- 919-469-3340 fax: [phone]
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WITHERS iN, RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
Site Access/Agent Authorization Form
Project Name: La? 4\A + 1?c?s a .'F,-. ?cs ??•?a}:v'?S?v?
Property Owner/Contract Purchaser: ft he 3na 'Iln eA -??M grs
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Address: ?Prt?+ ocN C tz+cAe- l V e K5 I
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Phone: " EA _' Ld-Cf(Q1
Fax: ?C3?h->>v? ??c??'_?? ????';??`?'
Email:
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I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the IISACE and the NC - Division
of Water Quality, if necessary.
Property Owner. Y`i eFxqer5 `+r (?)Q(1t4- ate: ic) 0
in e)
(Signat (e)
Eart ark
M I T I G A T I O N SE R V I C ES
Bringing business into a natural environment.
INVOICE
BILL Michael W. & Janet D. Roger
TO 100 Declair Court
Cary, NC 27513
Invoice # 0000028-IN
Invoice Date 10/31/2008
Customer ID 00-ROG01
DA SALES REP. 1%, 1 TERMS ; JOB # I• .
0 _ #
YOUR
10/31/2008 Matt Fisher U n Receipt Forrest Creek
UNt ` ITEM DEPOSIT % DESCRIPTION UNIT PRICE TOTAL
360 t 360 @ $.88 = $316.80 $0.88 $316.80
Riparian Buffer Credits
Forrest Creek Mitigation Bank
DEPOSIT 100% This invoice is for 100% of the contract $316.80
amount.
Balance on
Contract $0.00

A? Due
This Invoice $316.80
Please make checks payable to MID-ATLANTIC MITIGATION, LLC
12800 UNIVERSITY DR. SUITE AW 'FT: Mn. R$ fI[NIOA tO : PH 22r..'415.6250 FX 239.415.6243
1960 DERITA ROAD, CQNCOAD, K 28027--: 7 $2.4;t3a FX 704.782.4148
137 1/2 EAST MAIN STREET SUITE 210 MH&L, WV254l 1 :KPH 304,465.4300 FX 304.465.4302