20090303 Ver 1_Minor Variance_20090323

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NC WILDLIFE RESOURCES
DIVISION OF ENGINEERING
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COMMISSION4/4
SERVICES *kcN?,

5031 Cambridge Oaks Drive
Matthews, NC 28104
March 19, 2009

Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Attn: Amy Chapman
Amy:
Enclosed please find 3 sets of drawings, a Variance Request Form, a letter of approval
from the COE, and an acceptance letter from the Ecosystem Enhancement Program for a
minor variance on the UBC BAA "T" Dock addition at Falls Lake.
Note that I have redesigned to parking to fall totally outside the buffer zones. I have
included those things in this submittal that seemed logical for this request rather than
filling out the checklist (part 8).
Please review this submittal and if you have questions or need additional information, let
me know.
Thank you for all of your help.
Michael Benteen
Facilities Engineer, NCWRC
[phone]
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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
I; 0-0303
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
? Major Variance
V Minor Variance
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/.)
s/ 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):
North Carolina Wildlife Resources Commission
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Michael Benteen
Title: Engineer
Street address: 5031 Cambridge Oaks Drive
City, State, Zip: Matthews, NC 28104
Telephone: [phone]
Fax: Same
Contact person who can answer questions about the proposed project:
Name: Michael Benteen
Telephone: [phone]
Fax: Same
Email: [e-mail]
Version 3: January 2008
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Upper Barton Creek Courtesy Dock and ADA Parking
5. Project Location:
Street address: 12900 Six Forks Road
City, State, Zip: Raleigh, NC
County: Wake
Latitude/longitude: N 35.9735 W 78.6553
6. Directions to site from nearest major intersection (Attach an 8 '/2 x 11 copy of the USGS
topographic map indicating the location of the site). From 1-85 N take Exit 178 to US 70. Go 2
miles and turn right onto NC 98E. Go 12 miles to Six Forks Road turn right. Area is 1 mile on
right
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Falls Lake
8. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Others (specify) ASACE letter of
Authorization
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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 fe.: A courtesy dock is to be built to help reduce congestion and thus pollution
and fuel requirements . This dock will also restrict foot traffic to hard surfaces and reduce the
compaction and destruction of the natural area near the shoreline. ADA parking will be added to
bring this site into compliance with Federal Standards. Zone 1 Impact will be 164 SF and Zone 2
Impact will be 90 SF.
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
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet)
Zone 1 164 SF BI Access 3 4<)z
Zone 2 90 SF B2 Access 1.5 y
Total (o Z-(
*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:
This design has been modified so that only access to the dock and parking is within the buffer
zones.
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.):
This area is a rocky and sandy shoreline. The construction of the abutment and walkway will take
approximately 3 days, a very short duration. We do not anticipate sedimentation. If this does
occur there is 50'+ of natural area that will filter runoff however, this operation and the type of
soil (saprolite) will not foster sedimentation. If it does, we will use swales to channel the water
where we want it to go.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
This environmentally friendly project could not be built.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. Access across the buffer zones is as minimal as we can get.
(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.
No.
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. This operation will not generate nutrients since we are
Variance Request Form, page 3
Version 3 January 2008
relying on volunteer growth and there will be no sedimentation. If it does occur, we will use a
swale.
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. This operation will not affect flow.
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 nitrogen Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs4 efficiencys loading rate loading
(ac) (lbs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin (lbs
1
2
3
4
S
Totals ------ ------
Attach calculations and references.
s Attach calculations and references.
6Include Phosphorus in the Tar-Pamlico Basin
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
Variance Request Form, page 4
Version 3 January 2008
Part 4: 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.
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://www.nceep.net/news/reports/buffers.pd
f
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. See letter attached.
Part 5: 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 6: Applicant's Certification
I, _Michael Bentecn_ _ (print or type name of
person listed in Part I, Item 2), certify that the information 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:
Date: 3/09/09
Title: Engineer
Part 7: 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.
Variance Request Form, page 5
Version 3 January 2008
Part 8: Checklist
A complete application 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
• Original and two copies of the Variance Request Form and the attachments
listed below.
• A vicinity map of the project (see Part 1, Item 5)
• Narrative demonstration of the need for a variance (see Part 2)
• 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)
• 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
BMP and/or narrative for each innovative BMP (see Part 4)
• Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 50' is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
0 Original contours, proposed contours, spot elevations, finished floor
elevations
0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 6
Version 3 January 2008
1-
vstem
L m nt
PROGRAM
March 12,2;;
Mike Banteen
North Carolina Wildlife Resources
5031 Cambridge Oaks Dr.
Matthews, NC 28104 Expiration of Acceptance: December 12, 2009
Project: Barton Creek Courtesy Dock County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. Xoir i aL4a comnivIft ell:other state:
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 PermW401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neM.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
Basin Location Sq. Ft.
( ) (Sq. Ft.)
Cold Cool Warm Riparian Non-U arian Coastal Marsh
Impact Neuse 03020201 0 0 0 0 0 0 164
Credits -e-use 03020201 0 13
0 0 0 0 0 492 135
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the ret
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the addiitional mitigation, there
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
`?? a.
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jamie Shern, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Mike Banteen, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mal Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nmp.net
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
FALLS LAKE
11405 FALLS OF THE NEUSE ROAD
WAKE FOREST, NORTH CAROLINA 27587
March 91h, 2009
Mr. Michael Benteen
5031 Cambridge Oaks Drive
Matthews, NC 28104
Dear Mr. Benteen:
This letter is to address the request by the North Carolina Wildlife Resources
Commission to add one (1) floating courtesy dock and 4 ADA parking spaces at Upper
Barton Creek Boat Ramp, Falls Lake, North Carolina. It us my understanding from your
submitted drawings that the addition of the ADA parking spaces within the flood pool
(between 251.5 ft ms], and 264.8 ft msl) will result in no net loss of flood storage.
In addition, I have conferred with Mr. James Shern from the Raleigh Regulatory
Field Office with the US Army Corps of Engineers, and it is his belief that the work you
have described does not require a permit under the Clean Water Act - Section 404.
Knowing this, I am confident that we are able to issue the NC Wildlife Resources
Commission permission to perform the work described.
This work can and shall be allowed under the following conditions:
1.) Notice will be given to the appointed POC with the Army Corps of Engineers
at start and finish of project.
2.) Project will not deviate from submitted plans without first obtaining approval
from the Operations Manager at Falls Lake.
3.) Project shall abide by all state North Carolina Division of Water Quality
regulations and permits as they apply.
4.) If the existing bulletin board will be destroyed during construction of the ADA
parking, I request that you replace it with another of similar size and type.
Your point of contact on this project will be Ranger Dana Matics and you may
reach her at [phone] x224. If you have any questions, please do not hesitate to
call Ranger Matics or myself.
Sincerely,
Thomas E. Freeman, Jr.
Operations Manager
Falls Lake
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