20060032 Ver 1_COMPLETE FILE_20060104

Office Use Only:
USACE Action ID No.
(If any partici
FEB g 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Form Version March 05
DWQ No. 0 le - 0 O 3 2_
item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: ? 14% S C_ c%2 13`
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Env ronniental Concvnn ee-the-top-of-pa^P?ofourth' gtaiW,,c-, bere_-?,,?- ----
H Applicant Information
1. Owner/Applicant Information b
tom,'/i'e, /.. L
Name:
Mailing Address: 3211 a yvt 11111 ?1nI N "A 27 j
Telephone Number: 1 / ei - 3 i y - ? 6 Z elFax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:.
Fax Number:
Page 5 of 12
FEB 9 Z006
DENR - WATER QUALITY
L ' WETLANDS AND STORMWATER BRANCH
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 4 - O C) 3 a
f7f ,,,., if- ;q not annlimble to this nroiect. please enter "Not Applicable" or "N/A".)

I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit © Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
, At
kiz/ 2. Nationwide, Regional or General Permit Number(s) Requested:
i s ?, .4r- C213
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
_ 4), and the project is within a North Carolina Division of Coastal Management Area of
fi,?rhPr seta W zheekhere- n
environmental-Concern-(gee--the4oP-of-image-2-fr-?.?..?
II. Applicant Information
1. Owner/Applicant Information
Name: &
Mailing Address: 311 LL yr1
.2 7s.,
Cc 41 - 2 -7
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address: -
Fax Number:
Page 5 of 12
III. Project Information
5
Attach a vicinity map clcaily showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
h
1. Name of project: 77!
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): _f-E.3 z_
4. Location
Subdivision name (include phase/lot-number):.
Directions to site (include road numbers/name;
x 4t ko ,e_ A _ C -- ? 7/
le 4 cJ r?r? i t /GEC S .7e
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON °W
6. Property size (acres): ::? ®..)- S= e f X
F
7. Name of nearest receiving body of water: T L? Lz? ?t
8. River Basin: < ? &'- / ci>
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hM://h2o.enr.state,nc.us/admin/maps/.)
9. Describe the existing conditions on the
at the time of this application:
A
,ec
and general land use in t?p vicinity of th/? pr?* t
Page 6 of 12
y
10. Describe the o. erall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed work: 0),e. V e IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. i' t
V. Future Project Plans
Are any-future-permit requests anticipated for this project? If so,siescli>-e t?anti i ated work,
- -- and provide justification for the exclusion of this work from the current application.-- --- -
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed i
b- z 0 x /L (2 qe r

Page 7 of 12
J,
6. List tl
arrt to alt watem of the U_S. resulting from the project:
1V vul {Aic4?a
Stream Impact (acres):
'
Wetland Impact acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) /' A
Total Stream Impact (linear feet): N
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
. ?
J A8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
--local-stormwatmwquirement,-ete:) - - -
Current land use in the vicinity of the pond:-
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation ,-d& of poi- c ?, ,• .?? (/
DWQ - In accordance with 15A NCAZ2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
I CV/
Page 9 of 12 `?`I) de r
w'

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
cPnnrntely list imnnctc chin to hnth ctnwhire and flnnding-
Wetland Impact
Site Number
(indicate on map)
Type of impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
AJ /0

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mint hp innhvlnd Tn ralcnlate arrenne mtiltinly length X width- then divide by 43.560.
---Strum Impact

- Number --
indicate on ma ---

Stream Name

Type of Impact --
Perennial
Intermittent?

Stream Width
Before Impact act

Length
linear feet

Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill -von-unt;nn drarlvino flnnr#inv drninngn hnikheads_ etc_
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)

Page 8 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
hU://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration,_ enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
d scriptio"f-th"urr-ent--site-conditions-and-proposedxrrethod-of-construction- Please attach
a separate sheet if more space is needed. - - -- - - -
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12

.A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewate??ated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No ]
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additions
development, which could impact nearby downstream water quality? Yes ? No I
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordancewith
the most recent North Carolina Division of Water Quality policy posted on our website at
h"://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
11
Applicant/Agent's Sign ture Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Triage Check List
Date: c? 1 Z1 - a (1 Project Name: . ?o 77 )

DWQ#:y © (o O b 3.;)
County: 1?7
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
I RRO Eric Kulz
From: PA Telephone : (919)

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: C. -A ? S S (fit (;? o
A?r- b-U'M'e'4-
??0? W ATF9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 19, 2006
DWQ Project # 20060032
Franklin County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REOUESTED
William Smith
321 Commons Walk Circle
Cary, NC 27519
Subject Property: Lot 771, Lake Royale
REQUEST FOR MORE INFORMATION
Dear Mr. Smith:
On January 4, 2006, the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting
Unit received your application regarding your request for a Minor Variance from the Tar-Pamlico Buffer
Rules (15A NCAC 2B.0259) for the subject property. The Division of Water Quality (DWQ) is required
to prepare a "preliminary fording" /"fording of fact" as to whether the variance request meets the
requirements of 15A NCAC 02B .0259(9)(a). The DWQ may attach conditions to a variance approval
that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually
include stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request.
Therefore, unless additional information is provided as described below, we will have to move toward
denial of your request per 15A NCAC 2B .0259 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
1. Site Plans
Please discuss the "gravel" area shown in Zone 1 on your plans. Is this area proposed to be filled or
is this an existing area of gravel? If it is existing, approximately when was it installed?
Also please provide approximate elevations to support your contention that the parking area is
needed since the land outside the buffer is too steep to safely park your boat.
2. Stormwater Management
Stormwater management will be required as a condition if you choose to proceed with either the
Minor or Major Variance. Please provide a detailed stormwater management plan depicting how
you intend to treat the stormwater running off the proposed impervious surfaces.
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: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noy` Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
William Smith
Page 2 of 2
January 19, 2006
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Mike Horan of the DWQ Raleigh Regional Office at 3800 Barrett Drive,
Raleigh, NC 27609. If we do not hear from you in writing within three weeks, we will assume that you
no longer want to pursue your variance request and we will consider the request as withdrawn. Please
call Mr. Ian McMillan Edwards of this office at [phone] if you have any questions.
Sincerely,
hitting Unit
CBK/jrd
cc:
Mike Horan, DWQ RAleigh Regional Office
File Copy
Central Files
Filename: 20060032Lot771LakeRoyale(Franklin)on hold

OFFICE USE ONLY: Date Received Request #
i
State of North Carolina -?
Department of Environment and Natural Resources
Division of Water Quality ii
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be 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)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243) o ?;?, R
JAN 4 2006
Part 1: General Information
(Please include attachments if the room provided is insufficient.) wETLANWMDST0WMTM RANCH
1. Applicant's name (the corporation divi:duY, etc. who owns the property):
2
Print Owner/Signing Official
Name: -----1
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
Son legally responsible for he property and its compliance)
11
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: --_._..... ...._____.._.__.____-____.._____.._._.__...._._...._.___.
Fax:
__.._
Email: ......... ...... .__....
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters; operati?n an j ma4enapce agree ents, etc.):
n
J
ol',^.` e cam
?rr+ 1174L. c? 7 7 t,
v cr
Version 2: November 2002
ti
v
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS
topographic map indicating the location of the site):
14" k"' 3
KL. l /:; , s-- ._ ? . _ / .f .. ,..,, / . %! . ALA
Stream W be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
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)
i"i1 at ^ Non-discharge Permit
?r Z Water Supply Watershed Variance
Others (specify
Part 2: Proposed Activity
hoxK, Let >r ?? ,.e,i_ nv
(Please include attachments if the room provide Is insufficient.) vSJ'e14r_1'1?4r IN
t__
bc.?
1. 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 Vppact ip W.I.,
.4 A

-------/?r?^ ??_D..r?t"-?? ? {,.?-r--.:-k'_-erJ.ti?.?_?._._?s---P_tC?ehc2?_.__G?!,c_"?_i_til?ti?. ?
-to 30 fi-? m L.?cyC e.?f 1R' ,i .•?,??.?cr-: l?' ci?hcr? T 2
2. State reasons why this plan for the proposed activity cannot be pra?fi -'a accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
\ A i _
Variance Request Form, page 2
Version 2: November 2000
3
l f1-40

4.
,?' b tt x .tc? ' ('3 clc? rf
Please proviWe an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
e-W

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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certificat?n _
Variance Request Form, page 3
Version 2: November 2000
r
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.): 1,0,1-
(2) oN
(2) How these difficulties or hardships result from conditions that are unique to the property
invnivPH
(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.
(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:
Title:

Variance Request Form, page 4
Version 2: November 2000
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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
y 0 2
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be 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)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
a- -Catawba River- Basin: -Protection and-Maintenance -of Existing- Riparian
Buffers (15A NCAC 0213.0243)
P= D
Part 1: General Information JAN 4 2006
(Please include attachments if the room provided is insufficient.)
DENR - WATER QUAUTY
1. Applicant's name (the corporation, individuq), etc. who owns the property): WE1tWSMosT ATERBKOICH
2.
Print Owner/Signing Official
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax: t----?_
legally responsible for the property and its compliance)
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: i.----.-.-) ..... .__._.__.__.__._...._........ ......... _....... ..... _............. __....... _.-_......._..._..__.-..___.
Fax: (___..._) _.... _...........__......
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, Ie4ers: operatign anq mainpenance agreements, etc.):
Version 2: November 2002 /y

5. Project Location: ,
-7-
Street address:
City, State, Zip: ___.._ L .>•.e. G!.? _ ?_ _ __._._. _ _ _ _ __
,-
count
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 %Z x 11 copy of the USGS
topographic map indicating the location of the site): E ;
._.._.Lc?
7. Stream td be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):

Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]
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
? ©r Others (specify,,
f---- - Q ?' f E+ Al-. d +r.rz ?? rti ?, t.?.
Part 2: Proposed Activity 6#f?'/v , LeT Ir C7" e-e_1-
(Please include attachments if the room provided is insufficient.) few s,?,:. /?'
1. 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 irppact ip W.]:, _ '4 n

----._.--
0 3 a .r,??_? it)' ?k' r?
2. State reasons why this plan for the proposed activity cannot be prac?fically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
.._ .._ c?`? •f'......__ .

c,> 4 e ? /off W4_r
Variance Request Form, page 2
Version 2: November 2000

.s-
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.):
.€ ) ) n L o .-? _
F

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
e,,
?e .
Y
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certificat?n
G
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
i nunh,ari
(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.
t'
_ t.
(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:
Title:
-Vx
Variance Request Form, page 4
Version 2: November 2000
3
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J

OFFICE USE ONLY: Date Received q
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality

Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be 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)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
? Catawba River Basin:--Protection-and- Maintenance of-Existing inariam
Buffers (15A NCAC 0213.0243) f [a V
Part 1: General Information DENR-WATER Ct<1AUN
(Please include attachments if the room provided is insufficient.) fn"sANDsj6f*MA>ER BR NCH
1. Applicant's n me (the corporation, individuq), etc. who owns the property):
2.
Print Owner/Signing Official
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax: t
legally responsible for the property and its compliance)
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: E --.------)l. ....... _...__._..-_...____._...___..._._. _...._..._...._....___._........ Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters; operation and mainyenagce agreements, etc.):
1-i L c f" ? -7 0//, Version 2: November 2002 i?

1~
5. Project Location:
Street address: _ r Gt ... L A _._
City, State, Zip:
j
County
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site): ,
r ?
_ r
Lei- 1'r 0;- X' J
7. Stream td be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
t? 1 "}D SjA-Imo,Q ?" CkAf.-1p___ - -
Stream classification [as identi ied within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: .. ........... -
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
??? _ ?? Zo?' ` Water Supply Watershed Variance
Others (specify:,.__. t?x41-- c x.... .....
rd'
Part 2: Proposed Activity . Le,- ,'.r C r - n.v
(Please include attachments if the room provided is insufficient.) yyvefe/-/O/-,?
fJ2. t?
1. 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
2.
?GLCQ.?,a.??.-.??
-t"a 3c7'" f?•-a/r? GJa?e..-f ? f.?-------9 / r,,4'c, l?` )e'I?
State reasons why this plan for the proposed activ/ity cannot ---be praeficallyj'accomplished,
reduced or reconfigured to better minimize or eliminate. disturbance to the riparian buffers:

LJ 4 eh /off ej4 f ? {vt
Variance Request Form, page 2
Version 2: November 2000
1

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.):

b 0-
4. Please provide an?xplanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
e- ?,

Y
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):..
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
G -
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved-
(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.
ti
I, -- r , , (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:
Title:

Variance Request Form, page 4
Version 2: November 2000
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2006
Franklin County
DWQ Project #: 06-0032
Mr. William B. Smith
321 Commons Walk Circle
Cary, NC 27519
Subject Property: Lot 771
Lake Royale
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions, to impact 240 square feet
(fly) of Zone 2 of th-' protected riparian buffers for the purpose of extending your personal
driveway as you described in your application dated February 09, 2006. After reviewing your
application, we have decided this impact is allowable in accordance with the Tar-Pamlico River
Buffer Rules [15A NCAC 02B.0259] and does not require written authorization.
This approval is only valid 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 must be given a copy of this approval letter
and is thereby responsible for complying with all conditions.
Conditions of Authorization:
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Authorization has been completed. The responsible party shall complete the attached form
and return it to the 401 Oversight/Express Permitting Unit of the Division of Water
Quality.
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.
Nom` Carolina
)tttra!!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 [phone] / Fax [phone]
Internet: htW://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
William B Smith
February 22, 2006
Page 2
This letter completes the review of the Division of Water Quality under the Tar-Pamlico River Riparian
Buffer Protection Rules [15A NCAC 2B.0259]. Please call Ms. Amy Chapman at [phone] if
you have any questions or require copies of our rules or procedural materials.
AWK/cbklasc
Enclosure: Certificate of Completion
cc: DWQ Raleigh Regional Office
File copy
Central Files
Sincerely,
J'Alan W. Klimek, P.E., Director
File: 060032 WilliamBSmith(Franklin)TPBR
'na
M-011 Carolina
A"Urally
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 [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
William' Smith
321 Commons Walk Circle
Cary,NC 27519
DWQ# 2006-0032-Franklin
? Express mail
, °J Return Receipt for Merchandise
? C.O.D.
4. Restricted Delivery? (Extra, Fee) ? Yes
A. Signature X % ? Agent
< ? Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? [P Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail
Registered
? Insured Mail
. Article Number 7005 1160 0000 9954 8737
(Transfer from service labeo
IQ Fnr RRi 1 Cnhn:?ni onnA. 1'1nme..B.. nom.... Oe..e:..t .....-.