20060772 Ver 1_COMPLETE FILE_20060509

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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
May 30, 2006
DWQ # 06-0772
Wake County
Mr. Joseph M. Curley
4201 Worley Drive
Raleigh, NC 27613
Subject Property: Curley Sunroom Addition, 4201 Worley Drive, Wake County, NC
UT to Hare Snipe Creek [030402, 27-33-12-(2), C NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Curley,
You have our authorization, in accordance with the conditions listed below, to impact 42 (ft2) of
Zone 2 of the protected buffers to construct the proposed sunroom additions on the subject property as
described within your variance request dated May 9, 2006 and received by the Division of Water Quality
(DWQ) on May 9, 2006, with additional information received on May 27, 2006 and May 30, 2006. This
letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). In
addition, you should get any other required federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control.
This authorization is only valid for the purpose and design that you described in your Minor
Variance Request dated May 9, 2006 with additional information received on May 27, 2006 and May 30,
2006. If you change your project, you must notify us and you may be required to send us a new request
for authorization. If the property is sold, the new owner must be given a copy of this authorization and is
thereby responsible for complying with all conditions. For this authorization to be valid, you must follow
the conditions listed below.
1. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone 1 of the protected riparian buffers.
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage
from the new addition shall be directed to vegetated areas at non-erosive velocities prior
to entering the protected riparian buffers.
3. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly
marked by orange fabric fencing 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.
401 Oversight/Express Review Permits 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
` Carolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Curley Variance
Page 2 of 3
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impacts. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Authorization Certificate.

5. Re-vegetation within Zone 2
The plans provided along with the application depict clearing activities within Zone 2 of the
protected buffer. The disturbed areas must be re-vegetated, and the health of the existing
vegetation in Zone 1 should not be compromised.
6. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, 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.
7. Buffer Mitigation (On-site Restoration/Enhancement) - 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 42 square feet as required under this variance
and 15A NCAC 2B .0233. The DWQ has determined that the planting plan included in
your additional information received May 30, 2006, for Zone 2 of the buffers will satisfy
this mitigation requirement as long as you plant at least 8 shrubs within the retained
portions of the protected buffers. You must ensure their survival for a period of at least five
(5) years. You are required to replace any of these shrubs that die within this five (5) year
period. You are required to provide proof in writing that the shrubs have been planted
within one year of the date of this letter. The proof of plantings shall be submitted to the
Wetlands/401 Unit. If this mitigation is not acceptable or practicable, then you may choose
to make a payment in to the Riparian Buffer Restoration Fund to compensate for 42 square
feet of mitigation as allowed under 15A NCAC 02B .0233. If you choose to make this
payment, please contact the Wetlands/401 Unit at 919-733-9726 for additional information.
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.
401 OversighV&press Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX 919-733$8931 Internet htto://h2o.enr.state.nc.us/ncwetlands
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An Equal OpportunitylAffirmative Action Employer- 50% Recyded/10% Post Consumer Paper
Curley Variance
Page 3 of 3
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 Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
in e ly,
S
in,
W. Klimek, P.E., Director
Division of Water Quality
Cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
I
AWK/cbk/asc
File: 060772CurleySunroom(Wake)NBR+VAR
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] /FAX [phone]ntemet: htta://h2o.enr.state, nc. us/ncwetlands
'An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
None Carolina
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RE: [SPAM]variance for the Curley Sunroom
Subject: RE: [SPAM]variance for the Curley Sunroom
From: "Joe Curley" <[e-mail]>
Date: Tue, 30 May 2006 15:43:30 -0400
To: "'Amy Chapman"' <[e-mail]>
Ms. Chapman,
As discussed in our phone conversation, in addition to the mitigation described below, there were approximately
eight Confederate Jasmine type shrubs that were planted around the original deck in the impacted area. These
shrubs have been removed, potted and set aside. They will be replanted next to the sunroom following
completion of construction.
Please contact me if you have further questions.
Sincerely,
Joe Curley
-----Original Message-----
From: Joe Curley [mailto:[e-mail]]
Sent: Saturday, May 27, 2006 12:59 AM
To: 'Amy Chapman'
Subject: RE: [SPAM]variance for the Curley Sunroom
Ms. Chapman,
The only vegetation in the buffer impacted by the project is a small area of lawn grass. I intend to
replant the affected area within one to two weeks after completion of construction with a suitable
southern lawn seed mix consisting of primarily fescue; although other types of seed may be included in
the mix to address shade, etc.
To control runoff, silt fencing will be installed in the affected area.
Thank you for your assistance in response to this request. Please contact me when the paperwork is
ready for pick-up.
Sincerely,
Joe Curley
919-781-3837
919-649-3236 (Alt.)
-----Original Message-----
From: Amy Chapman [mailto:[e-mail]]
Sent: Friday, May 26, 2006 4:00 PM
To: [e-mail]
Subject: [SPAM]variance for the Curley Sunroom
Mr. Curley,
I need to know a planting schedule for your grass, the type of grass and what
stormwater controls will be used during construction. Since you have no vegetation
other than grass in the area of Zone 2 that will be impacted by your construction, some
form of control such as silt fencing during construction would be adequate.
Please email me back your response.
Thanks.
-Amy
of 2 5/30/2006 3:45 PM
Re: [SPAM]variance for the Curley Sunroom
Subject: Re: [SPAM]variance for the Curley Sunroom
From: Amy Chapman <[e-mail]>
Date: Tue, 30 May 2006 09:47:58 -0400
To: Joe Curley <[e-mail]>
Mr. Curley,
I need to have you tell me what trees and shrubs you are planting as well. You had said you already
have planted a few and that you intended on planting a few more. Three trees (two natives) would
suffice in the mitigation for your project. I will need to know when they are being planted, what trees
and/or shrubs you will plant and if the trees/shrubs will be planted in the buffer (as they should be). If
any of this is confusing please call.
Thanks.
-Amy
Joe Curley wrote:
1' Ms. Chapman,
The only vegetation in the buffer impacted by the project is a small area of lawn grass. I intend to replant
the affected area within one to two weeks after completion of construction with a suitable southern lawn
seed mix consisting of primarily fescue; although other types of seed may be included in the mix to address
shade, etc.
To control runoff, silt fencing will be installed in the affected area.
Thank you for your assistance in response to this request. Please contact me when the paperwork is ready
1 for pick-up.
Sincerely,
Joe Curley
919-781-3837
919-649-3236 (Alt.)
-----Original Message-----
From: Amy Chapman [mailto:amy.chapman ncmail.net]
Sent: Friday, May 26, 2006 4:00 PM
To: [e-mail]
Subject: [SPAM]variance for the Curley Sunroom
Mr. Curley,
I need to know a planting schedule for your grass, the type of grass and what stormwater
controls will be used during construction. Since you have no vegetation other than grass in
the area of Zone 2 that will be impacted by your construction, some form of control such
as silt fencing during construction would be adequate.
Please email me back your response.
Thanks.
-Amy
Amy Chapman
1 of 2 5/30/2006 9:48 AM
RE: [SPAM]variance for the Curley Sunroom
Subject: RE: [SPAM]variance for the Curley Sunroom
From: "Joe Curley" <[e-mail]>
Date: Sat, 27 May 2006 00:59:11 -0400
To: "'Amy Chapman"' <[e-mail]>
Ms. Chapman,
The only vegetation in the buffer impacted by the project is a small area of lawn grass. I intend to replant the
affected area within one to two weeks after completion of construction with a suitable southern lawn seed mix
consisting of primarily fescue; although other types of seed may be included in the mix to address shade, etc.
To control runoff, silt fencing will be installed in the affected area.
Thank you for your assistance in response to this request. Please contact me when the paperwork is ready for
pick-up.
Sincerely,
Joe Curley
919-781-3837
919-649-3236 (Alt.)
-----Original Message-----
From: Amy Chapman [mailto:[e-mail]]
Sent: Friday, May 26, 2006 4:00 PM
To: [e-mail]
Subject: [SPAM]variance for the Curley Sunroom
Mr. Curley,
I need to know a planting schedule for your grass, the type of grass and what stormwater
controls will be used during construction. Since you have no vegetation other than grass in the
area of Zone 2 that will be impacted by your construction, some form of control such as silt
fencing during construction would be adequate.
Please email me back your response.
Thanks.
-Amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: amy.chapman(t?,ncmail.net
I of 1 5/30/2006 7:33 AM
variance for the Curley Sunroom
Subject: variance for the Curley Sunroom
From: Amy Chapman <[e-mail]>
Date: Fri, 26 May 2006 16:00:02 -0400
To: [e-mail]
Mr. Curley,
I need to know a planting schedule for your grass, the type of grass and what stormwater controls will
be used during construction. Since you have no vegetation other than grass in the area of Zone 2 that
will be impacted by your construction, some form of control such as silt fencing during construction
would be adequate.
Please email me back your response.
Thanks.
=Amy
Amy Chapman
Environmental Specialist III
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail: amy.chapmanpncmail.net
I of 1 5/26/2006 4:00 PM
Triage Check List
Date: Jam' 10 -0 ? Project Name: s ao m
DWQ#: O' T) Q
County: Ir
To: ? ARO Kevin Barnett ? WaRO Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
RRO Eric Kulz
From:.Qm??) dapmLn Telephone : (919) 7 Is , 6 923
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 eus , 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: 4J -C_ ao /'!5 s ut, (A, *)-.\ ?? • ? ®r,& ;-'
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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources f''IAY Z00?
Division of Water Quality
CEieZ - t',nTER QU "kITY
?? tVETL?tJDSPu'?'D STOP?,iti4i?TER ?L';CH
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
3.
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)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
\)056PH M, (2ofLLf,
2. Print Owner/Sign
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
ng Official (person legally responsible for the property and its compliance)
?3dsGP H M i2L
Ow 0 r_?
q2_01 Wc5 Qt_C`c C-
AUZLa1,4 N C_ EJ 6 t 3
Alm) ?z1- 3S31 _
Contact person who can ans er questions about the proposed project:
Name: )5s-PH M " C vtZLe--r
Telephone: LICIAa} 11r (- ICES I z 01)_t"?) (.A
Fax:
Email: Cc Lke-s_Ca_be_11sa?-.?4 . 4
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
0, ,f?.fa Sv ?f2ocorti Ab?,.i'Lo.,s)
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
?t2©IorZ??z 7

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):
_ F L v U 7u Rcl • T Le csv tU e Q d r k 9a n'r u r,, , I n ic ? A 4t a A-41
t
7. Stream to 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)]: e h•! SSA/
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.)
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 impact in ft2.1: (S4? ?Ct ?rn?z?z 3)
.2
2.
Variance Request Form, page 2
Version 2: November 2000
State reasons why this plan for the proposed activity cannot be practically accomplished,
Leeduced or reconfigured to better minimize or eliminates, disturbance to the riparian buffers:
_C!_?Ctl 1 A(?CM15T?CH.M?1? qyp ???-Aso,yA CSC 1?s.?.??"? ??M1Q.IJSIo? (??C('?(?
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.):
AI 2c-A c? F iti-? PAei coo ??? SrS c?? C?vJ2 tip t Nei Nt:? Low ?3

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
?' «T A'PPLVQ4TI O Ik"iYZAen CAA- b43t(-J.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Av n /A 2CH i ilicTu,2 c??=' C+?tSil?? t-lousz
®?t?' /?.?s? Pc2c?PF? ;? ?c<?r ?? PRc?Rosep O?.3tc?
RCA t` w k?? Mtrut Iwt`? ??.s L i'-kc- t?uF?J?2 t ?tRA, c?
(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 /A
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): _ -&Ll _A
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
I, Cn o H M y 2 L ?i (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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Attachment 2
Variance Request
Joseph M. Curley
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