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HomeMy WebLinkAbout20051041 Ver 1_COMPLETE FILE_20060710e 4 SENDING CONFIRMATION DATE : JUL-19-2006 WED 08:00 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 95574683 PAGES : 4/4 START TIME : JUL-19 07:59 ELAPSED TIME : 00'47" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... 0E WA tFy ....I T. ead.,, co.-. Qr OG Wdli G. Ross Jr.,SSehhn t?%7 ? 1:sl?CnolN?Iky.?e.?m.MEeri?amsel and rvmud Rcaw?vc. 0 ? Alm W. Kllmck, P.E. Urtda DiruiaR of Watn Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone 4: 919-733-1786 Fax 4; 919-733.6893 To: Scott Mitchell Fax #: 557-4653 Company: Date: July 19, 2006 From: Laurie Dennison, DWQ, Wetlands/401 Unit I Number of pages including cover sheet: 4 Notes or special instructions: DWQ 0 05-1041 V2 I i i ca2J,?"AlJaa?y 40. DrmigM1VF,xprcet Renew Permidi?s Uro 1650 Mao S. iae C-, Rsko. NMh Cwlin ^.1ry99-1670 2321 Cnhrte Nou ml. SWIe 250, Rdeigh. N" Cmrv 27606 Mews P1? 13]•11161 iti(919) 'r]]•6d9] Itmna: y2 slTe elncreE rrls +LEO/IDPSman141sIY+?lrvs Pdlm E.P.Y.-50%PAI,..P10%P Can -Pa I (1F W A TFi9 Michael F. Easley, Governor ?? Q? William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources > -i U 'C Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 To: Scott Mitchell Fax #: 557-4683 Company: Date: July 19, 2006 From: Laurie Dennison, DWQ, Wetlands/401 Unit Number of pages including cover sheet: 4 i Notes or special instructions: DWQ # 05-1041 V2 NOn` Carolina atura//y 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper DFC- 01,2006 06:07P B. Scott Mitchel 5770875 Mitchell Environmental, P.A. Facsimile Transmittal Date: _ Pages (including cover 12-01-2006 2 To: Mrs. Cyndi Karoly DWQ - 401 Wetlands Certification Unit 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Fax Number: Phone Number: 733-6893 733-9721 ?' - From: Scott Mitchell Re: Remington Subdivision, Lot 167 _ Certification of Completion Comments: Cyndi, Attached is a completed Certification of Completion form for DWQ Project No. 05-1041v.2 (429 Indian Hill Road, Lot # 167 Remington Subdivision, Phase 5). Please do not hesitate to call me if you need any additional information regarding this project. Thanks. 602 Fast Academy Streel, Suite 105 Fuquay-Varina, North Carolina 27526 Office: 919-557-4682 Fax, 919-357-4683 Mobile: 91Y-669-0329 page 1 DEC-1-2006 FRI 17:53 TEL:9197336693 NAME:DWQ-WETLANDS P. 1 DEC-01,2006 06:07P B. Scott Mitchel 5770875 Certification of Completion page 2 DWQ Project No.: 05-1041 v.2 County: Wake Applicant: Stafford Land Company Project Name: 429 Indian Hill Road, Lot # 167 Remington Subdivision, Phase 5 Date of Issuance of Wetland Permit: July 17 2006 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699.1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, Scott Mitehzll (Mitchell Environmental, Pit), hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 9.f-( Date: November 29, ZQQO If this project wrcv designed by a Certified Professional 11 _ as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Cerdfieation and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No_ Date DEC-1-2006 FRI 17:54 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 Certification of Completion DWQ Project No.: 05-1041v.2 County: Wake Applicant: Stafford Land Company Project Name: 429 Indian Hill Road, Lot #167 Remington Subdivision, Phase 5 Date of Issuance of Wetland Permit: Jul 17 2006 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be _ returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, Scott Mitchell Mitchell Environmental, PA), hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 9<- _ . Date: November 29, 2006 J' If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.Date r=i DEC 4 2006 DENR - WATER QUAUTY WETLANDS AND sToM aATEA BRANCH WAIF 4 1??dpG Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 17, 2006 DWQ Project # 05-1041v.2 Wake County Page 1 of 3 Stafford Land Company Attn: Mr. Don Mizelle PO Box 1360 Holly Springs, NC 27540 Subject Property: 429 Indian Hill Road, lot #167 Remington Subdivision, Phase 5 UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive)] Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0233(9)(b)] Modification Dear Mr. Mizelle: You have our authorization, in accordance with the conditions listed below, to impact approximately 629 square feet (ft2) of Zone 2 of the protected buffers to construct a single-family home and an attached wooden deck (House impact = 427ft2; Deck impacts = 202 ft2 at the subject property as described within your variance modification request dated July 7, 2006 and received by the Division of Water Quality (DWQ) on July 10, 2006. This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). In addition to this authorization, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not- limited to) Erosion and Sediment Control regulations. This authorization replaces the previous authorization that was issued on August 5, 2005. This authorization is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance authorization and is thereby responsible for complying with all conditions. This authorization requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233 shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Nom` Carolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 2. Buffer Mitigation Stafford Land Company Page 2 of 3 July 17, 2006 You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 944 square feet (629 x 1.5 = 944) as required under this minor variance and 15A NCAC 2B .0233. The DWQ has determined that you may satisfy this mitigation requirement by planting at least 7 native woody trees and/or 21 woody shrubs within the retained portions of the protected buffers, preferably Zone 1. You must ensure their survival for a period of at least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). To ensure diffuse flow, roof drainage from the house shall be directed outside of Zone 2 to vegetated areas prior to entering the protected riparian buffers. 4. Protective Fencing The buffer boundary between Zone 1 and Zone 2 and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained protective buffers in order to assure compliance for any future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved for impact under this Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Stafford Land Company Page 3 of 3 July 17, 2006 7. Notification of Construction The applicant and/or authorized agent shall contact Raleigh Regional Office in writing at 3800 Barrett Drive, Raleigh, NC 27609 within 10 days of the completion of the excavation for the deck footings to ensure no Zone 1 encroachment. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This Minor Variance Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Ms. Deborah Edwards at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. Sincerely, Alan W. Klimek, P.E. AWKlcbk/asc cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Scott Mitchell- B. Scott Mitchell Environmental Consulting, 5601 Maggie Run Lane, Fuquay-Varina, NC 27526 Filename: 051041 v2StaffordLandCompany(Wake)MiV+NBRmod v? D5-10-1 B. Scott Mitchell Environmental Consulting July 7, 2006 Ms. Amy Chapman DWQ - 401 Wetlands Certification Unit 2321 Crabtree Boulevard D l? 2 0 EE Suite 250 Raleigh, North Carolina 27604 JUL 1 Q 2006 Re: Remington Subdivision, Lot 167 -Revised Minor Variance Request,, D W? ?r k N UA117Y Holly Springs, North Carolina (Wake County - Neuse River Basin) DWQ Project # 05-1041 Dear Ms. Chapman: Per our discussion this morning, please accept the attached revised Variance Request Form-for Minor Variances for Remington Subdivision, Lot 167 (Holly Springs, Wake County, Neuse Basin). The original minor variance request for this lot was submitted to your office on June 8, 2005 and was approved on August 5, 2005. A copy of the approval letter is attached for your review. After the minor variance was approved, the owner changed surveyors which appears to be the causative agent in a house location shift that resulted in buffer impacts that exceed those permitted. All existing impacts are contained in zone 2 of the Neuse Buffer. Permitted impacts total 451 ft2 (house impact = 331 ft2; deck impact = 120 ft2) while existing impacts total 629 ft2 (house impact = 427 ft2; deck impact = 202 ft2). Copies of the approved plot plan and the final plot plan illustrating existing conditions are attached for your review and comparison. Also attached is a copy of the recorded deed notification as required by the August 5, 2005 approval letter. As detailed in the Variance Request Form, this was the last vacant lot remaining in this subdivision. The subdivision was approved by the Town of Holly Springs in 1996, prior to the implementation of the Neuse Buffer Rules. As illustrated by the attached survey, the lot is not buildable without impacting Zone 2 of the Neuse Buffer due to the location of the 30-foot sanitary sewer easement in the front of the lot and side yard setback requirements. Thank you for your time spent reviewing this request. Please do not hesitate to call me if you have any questions, comments or concerns about this project or if you need any additional information to process this request. Sincerely, Scott Mitchell, PE, LSS 602 East Academy Street, Suite 105 Fuquay-Varina, North Carolina 27526 Office: 919-537-4682 Far: 919-557-4683 Mobile: 919-669-0329 OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality V1 OS-1D%'1 Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE. This form maybe photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) u Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0243) Part 1: General Information 9!Q? 21D (Please include attachments if the room provided is insufficient.) JUL 1 0 2006 1. Applicant's name (the corporation, individual, etc. who owns the property): _ Stafford Land Company 'Nil - Y?ATC11 QUALITY 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Don Mizelle Title: Executive Vice President Street address: PO Box 1360 City, State, Zip: Holly Springs, North Carolina 27540 Telephone: (919 ) 577-6870 Fax: (919 ) 577-6892 3. Contact person who can answer questions about the proposed project: Name: Scott Mitchell Telephone: (919 ) 669-0329 Fax: (919 ) 557-4683 Email: bsmenvironmental(a)_earthlink.net 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Remington Subdivision - Phase 5 - Lot 167 Version 2: November 2002 5. Project Location: Street address: 429 Indian Hill Road City, State, Zip: Holly Springs. North Carolina 27540 County: Wake Latitude/longitude: 35 Degrees 38'53" N: 78 Degrees 49'30"W 6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the USGS topographic map indicating the location of the site): From the intersection of US 1 and NC 55 (Apex), proceed south on NC 55 towards Holly Springs. Travel approximately 3 miles south on the NC 55 Bypass and turn left (east) onto West Holly Springs Road. Continue east on West Holly Springs Road and cross over NC 55 Business. Turn right onto next street (Raleigh Street). Proceed south past Earl) Street and turn left onto Steeple Road (into Remington Subdivision). Turn left at end of Steeple Road onto Lee Street. Almost immediately, turn right onto Indian Hill Road. The subject property is on the left (north) of Indian Hill Road as indicated by a vacant lot. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): UT to Basal Creek (Bass Lake) Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: B: NSW 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 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) 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 W.]: Activity is the construction of a single-family home on the existing lot. Imnacts to Zone 2 of the Neuse Buffer include a portion of the orooosed sinale-familv home and an at 2. 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 lot was designed and approved in 1996, prior to the implementation of the Neuse Buffer Rules. As illustrated on the attached plan, the lot is not buildable without impacting Zone 2 of the Neuse Buffer due to the existing 30-foot Sanitary Sewer Easement in the front of the lot. Variance Request Form, page 2 Version 2: November 2000 3. 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.): The owner has enhanced the existing vegetation in Zone 1 of the Neuse Buffer. Existinq vegetation the entire buffer was exclusively herbaceous. The owner has added trees to Zone 1 of the Neuse Buffer to aid in runoff infiltration and shading of the stream. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. This lot is not buildable if the strict application of the Neuse Buffer Rules is applied. (2) How these difficulties or hardships result from conditions that are unique to the property involved. This was the last lot in the subdivision that remained undeveloped. This subdivision was designed and approved in 1996 prior to the implementation of the Neuse Buffer Rules. (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. Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwater best management practices 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 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): _ Scott Mitchell - B. Scott Mitchell Environmental Consultinq Mailing address: 602 East Academy Street, Suite 105 City, State, Zip: Fuguay-Varina, North Carolina 27526 Telephone: 919-669-0329 Fax: 919-557-4683 Email: bsmenvironmentalaearthlink.net Variance Request Form, page 3 Version 2: November 2000 Part 5: Applicant's Certification I, Don Mizelle (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: /C) Title: L OV3 i'kc zc i 0 5 k d ,9,A+ Variance Request Form, page 4 Version 2: November 2000 VAT , OG Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 5, 2005 DWQ Project # 05-1041 Wake County Page 1 of 3 Robert R. Stafford PO Box 1360 Holly Springs, NC 27540 Subject Property: 429 Indian Hill Road, lot #167 Remington Subdivision, Phase 5 UT to Basal Creek [03-04-03, 27-43-15-3, B NSW (nutrient sensitive)) Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Stafford: You have our approval, in accordance with the conditions listed below, to impact approximately 451 square feet (R2) of Zone 2 of the protected buffers to construct a single-family home and an attached wooden deck (House impact = 331 ft ; Deck impacts =120 ft2 ) at the subject property as described within your variance request dated June 7, 2005 and received by the.Division of Water Quality (DWQ) on June 9, 2005. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 211 .0233 shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htt?//h2o.enr,state.nc.us/ncwedands W`? Caro 'na ?turally An Equal Opportunity/Affiinnative Action Employer- 50% Recycled/10% Post Consumer Paper Robert R. Stafford Page 2 of 3 8/5/05 2. Buffer Mitigation You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 677 square feet (451 x 1.5 = 676.5) as required under this minor variance and 15A NCAC 2B .0233. The DWQ has determined that you may satisfy this mitigation requirement by planting at least 6 native woody trees and/or 18 woody shrubs within the retained portions of the protected buffers, preferably Zone 1. You must ensure their survival for a period of at least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). To ensure diffuse flow, roof drainage from the house shall be directed outside of Zone 2 to vegetated areas prior to entering the protected riparian buffers. 4. Protective Fencing The buffer boundary between Zone 1 and Zone 2 and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained protective buffers in order to assure compliance for any future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved for impact under this Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.ne.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Robert R. Stafford Page 3 of 3 8/5/05 7. Notification of Construction The applicant and/or authorized agent shall contact Raleigh Regional Office in writing at 3800 Barrett Drive, Raleigh, NC 27609 within 10 days of the completion of the excavation for the deck footings to ensure no Zone 1 encroachment. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Ms. Deborah Edwards at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. Sincerely, Alan W. Klimek, P.E. AWK/d cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Scott Mitchell- B. Scott Mitchell Environmental Consulting, 5601 Maggie Run Lane, Fuquay-Varina, NC 27526 Filename: 051041 RobertStafford(Wake)MiV UW Z4; ?ZdE1!3 lb: U Z 'Jly5 f ibtiyl 0 S s z V -m r t ?ecarsr?irT MA I ? 4? O o a ?;y,° a 4 b 0. ` w b d V O'i??, Q ra L- 4n k 616 34 tot llkl/ 1 ,y Y fr ? 1 W" :rte Wei qt.N jo 4Fogp (fir arvl 0-Ift JW.7 J / 3ya / / ~ / 1 y0 ! ? .y.•iy / 0 1? ?. ??e x rJr? r ------------------- h a ?, h 1 .K' qy ? . ?t 1 ?,?j. f of tA,q 4X Z-- K? r ?t 1 4 d r t r r f I n ?o 0 pry v O r.O t ??h o k O s ? q Ob 4 < a 'D 0 1 u A E Z'a 2092-BC9-Bi6 MAY-24-2005 TUE 05:04PM ID: ITOU029 40" O l v8Etso so iZ Raw PRGE : 2 REFERENCE 1.) SEE MAP BY STANCIL & ASSOCIATES ENTITLED "PROPERTY OF STAFFORD CUSTOM HOMES" DATED 09-10-02, WITH REDUCED RIPARIAN BUFFER DATED 05-23-05. BUFFER SHOWN FIELD LOCATED ON 6-21-06 BY THIS OFFICE. BY INFORMATION SUPPIL.ED BY STANCIL & ASSOC. EIS eve REF..#1) 183 _ 31, R R ( Arz Y82 ?\ ti?G??__? _?-- REMIND 5S/D ??\ s?? Dw?E ?NLRY B.O.M.1996 PG.556 - T as ?- __c.,c 119.3 S bi -- ToPK C/L CREEK Of- 167 I No ' CHAIN LINK FENCE ?-• y N 11.7' TWO STORY o FRAME 168 rn 123' «, ? C/0 ° PORCH ? ,zr WOOD FENCE m CONC. WALK / r EIS 44.7' i 3 CONC. WALK NC. NE C1 aS - INDIAIV HILL ROAD (50' PUBLIC J?/ )F) ---------------- NOTE. SHOWN IS LOT 167 OF REMINGTON S/D 40 0 40 80 120 PHASE 5 REF: B.O.M.2002 PG.394 AREA - 0.299 ACRES GRAPHIC SCALE - FEET 429 INDIAN HILL ROAD SURVEY FOR: THIS FROOMCERTIFY ACTUAL SURVEY OF WAS THE \Txj%j11IIIIjjj//? STAFFORD CUSTOM HOMES PREMISES, MADE UNDER MY SUPERVISION, AND ?????•(? CARQ4 THAT THERE ARE NOT ANY ENCROACHMENTS, EXCEPT AS NOTED TO THE BEST OF MY KNOML THAT THE RATIO OF PRECISION AS CAICULAT,•'DYC ON' ; LATITUDES AND DEPARTURES IS 1:10,000. THIS MAP WAS PREPARED FOR TITLE COMPAN>` USE; Q 9 SEAL AND IS NOT INTENDED FOR RECORDATION OR= = MIDDLE CREEK T1NSP., WAKE CO., 6 CONVEYANCES WITHOUT-WRITTEN AUTHORIZATTON L-3247 O~ = SCALE 1" " 40' JAKLARY 19, 20006 OF THE SURVEYOR AND OTHER APPROPRIATE OTFIC S. Ck REVISED: JANUARY 23. 2005 (ADD 30' BUFFER REVISED: JUNE 21, 2008 (ADO NEW LOCATIONS PROFESSIONAL LAND SURVEYOR 0,.,$u?,;I?'? L-324 MAULD I N-WATK 1 NS SURVEYING P. A. 111/l 1111%1301 BROAD ST. i P.O. BOX 444 /01 166 REMINGTON S/D PHASE 4 B.O.M.1995 PG.1384 ` MIN. F.F.E. PER O.M.2002 PG.394 I IS 397.00'. 1 FUOUAY-VAR I NA, W. 27526 919-552-9326 1964-167 BK011066PGO2175 MAKE COUNTY. NC 46S LAURA N RIDDICK REGISTER OF DEEDS PRESENTED S RECORDED ON 85122/2886 AT 15:48:30 BOOK:811966 PAGE:92175 - 82178 Prepared By/Return To: David N. Bryan, P.A. Post Office Box 1238 Holly Springs, HC 27540 NORTH CAROLINA DERD RESTRICTION AND NOTIFICATION FOR CXAMIANCS WITH INTLAIM AND BUFF= Tom COUNTY REGULATIONS Brief Legal Description: Lot 167, Remington Sub., BM1995-PG1384 THIS DEED RESTRICTION AND NOTIFICATION FOR COMPLIANCE WITH WETLAND AND BUFFER REGULATIONS is made this the ? day of May, 2006, by STAFFORD LAND COMPANY, INC., a Delaware Corporation, (hereinafter "Owner"). IN ACCORDANCE WITH Title 15A NCAC 2H .0500, the following I Deed Restriction and Notification shall be recorded in Wake County Registry, North Carolina, prior to the conveyance of subject lots. This Deed Restriction and Notification shall apply to Lot 167, Remington Subdivision, Phase 5, as shown on that map entitled, "Lots 129-142 & 164-165 Phase Four, Lots 166- 168 & 171 Phase 5, Remington Subdivision," prepared by Central 1 BK011960PGO2176 Carolina Surveyors, P.A., dated August 9, 1995, and recorded in Book of maps 1995 at Page 1384, Wake County Registry, North Carolina. "A portion of this lot has been determined to meet the requirements for designation as a wetland, stream, or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina and therefore the State of North Carolina may enforce benefits. This covenant is intended to run with the land and shall be binding on all parties and all persons claiming under them." IN WITNESS WHEREOF, the Owner has caused this Deed Restriction and Notification for Compliance with Wetland and Buffer Regulations to be executed in its name by its duly authorized officer, the day and year first above written. OWNER: STAFFORD LAND COMPANY, INC. By: Robert R. S afford, President 2 BK011966PGO2177 NORTH CAROLINA MOORE COUNTY I, the undersigned Notary Public, do hereby certify that Robert R. Stafford personally came before me this day and acknowledged that he is the President of Stafford Land Company, Inc., a Delaware Corporation, and that by authority duly given and as the act of entity signed the foregoing instrument in its name on its behalf as its act and deed for the purposes therein expressed. Witness my hand and notarial 2006. ?c*orgy, [SEAL) My commission expires: seal this I ? day of May, t uu. C.? t Signature Notary Public ""V ?1, lS Q kt1,D?? Printed Name of Notary Public X31 ?s\? ?? 3 'rya v cn v1 3K011966PGO2178 BOOK:811966 OAGE:e217S - 02178 Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds WAKE Laura NL Riddick couNTY Register of Deeds NOIi1N C..KN11M This Customer Group This Document i of Time Stamps Needed New Time Stamp ? of Pages 22.004-vmo6 T?ARD ST x ty _ ? x E CENTER a [T: fs Wake County GIS Vicinity Map 429 Indian Hill Road Holly Springs, NC 27540 Y-SPFJT,13S RD c 'F i A G i k 0 �z4'-ks,