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
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FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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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
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(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
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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.
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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
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