20061591 Ver 1_Complete File_20060104

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 26, 2006
Mr. Robert L. Emanuel
Attorney at Law
130 South Salisbury Street
PO Box 426
Raleigh, NC 27602
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project #06-1591
Wake County
Subject Property: Lot 501 Hales Road, Raleigh, NC-Wake County
UT to Oxford Branch [030401, 27-15-(2), WSIV, Ca, NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Emanuel:
You have our approval, in accordance with the conditions listed below, to impact approximately
2,541 square feet (ft2 ) of Zone 2 of the protected buffers to construct a home, screened-in porch,
and deck at the subject property as described within your variance request dated September 28,
2006 and received by the Division of Water Quality (DWQ) on October 4, 2006. 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 the "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.
2. Buffer Mitigation (Buffer Restoration Fund)
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: htto://h2o.enr.state.nc.us/newetlands
Nye Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Robert L. Emanuel
Page 2 of 4
October 26, 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
will be 2,541 square feet as required under this variance approval and 15A NCAC 2B
.0233. The DWQ understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233,
this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance
approval shall occur. Ms. Susan Klimek should be contacted at [phone] if you
have any questions concerning payment into the EEP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 3,812 ft2 of required riparian buffer mitigation for impacts to 2,541
ft2 of protected riparian buffers; 03-04-01, 27-15-(2) river and subbasin."
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ 401
Oversight/Express Permitting Unit for review and approval. No impacts shall occur to
the protected buffers until the mitigation plan is approved by the DWQ.
3. Diffuse Flow(no review)
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). You have stated
in your minor variance application that stormwater from the home construction will be
directed via gutters outside of the buffers and that the stormwater will not be discharged
directly into the buffers.
4. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Robert L. Emanuel
Page 4 of 4
. ? October 26, 2006
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. Amy Chapman
at (919)"733-1786 if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
1
Alan W. Klimek, P.E.
AWKI m/asc
Enclosures: Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
File name: 06159IRobertLEmanuelHome(Wake)MinVAR
Robert L. Emanuel
Page 3 of 4
October 26, 2006
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
5. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
7. 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 Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
8. 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.
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.
October 2,2006
Division of Water Quality
Ms. Amy Chapman
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
?noel 5 P_ 1
Subject: Submittal of Minor Variance Request
Robert Emanuel Property
501 Hales Road
Raleigh, North Carolina
Dear Ms. Chapman
This letter is being directed to you to request the granting of a minor variance for the subject
property owned by Mr. Robert Emanuel and does not have a prior granting or a request for any
unnecessary impacts to the Neuse Riparian Buffer.
On February 15 and September 29, site visits were conducted by Mr. Eric Kulz of the Raleigh
Regional Office and yourself respectively. The stream feature located on Mr. Emanuel's property
is subject to riparian buffer protection as a result of those site visits. When the 50 foot restrictive
buffer zone is placed on the stream feature, very little square footage remains to be built upon.
Therefore, attached you will find an application to impact Zone 2, pay mitigation to EEP for the
buffer impact, and treat the stormwater generated by the new impervious as non-erosive flow
through the fifty foot buffer.
If you should have any questions or need additional information, I can be reached at either (919)
971-6598 or nights at 550-9055. Thank you in advance for your prompt consideration of this
matter.
Sincerely,
Steve Mitchell
U ]
O C T 4 2006
DENR -WATER QUALn
ETLANDS AND STO ATER E"4?,

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
2 0 0 6 1 5 0 1
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.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
Part 1: General Information n F?;
(Please include attachments if the room provided is insufficient.) ? D
D
1. Applicant's name (the corporation, individual, etc. who owns the property): _ 01- T 4 2006
Robert L. Emanuel
bl'-A - Y:'i1! ck CilALITY
WETU,N,Ds AND S T QfiMWATER BRANCH
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Robert L. Emanuel
Title: Attorney at Law
Street address: 130 South Salisbury Street P.0.13ox 426
City, State, Zip: _Raleigh, N.C. 27602
Telephone: [phone]
Fax: [phone]
3.
Contact person who can answer questions about the proposed project:
Name: _Steve Mitchell
Telephone: [phone]
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Lot 501 Hales Road Raleigh
5. Project Location:
Street address: 501 Hales Road
Version 2: November 2002
City, State, Zip: _Raleigh, 27609
County: -Wake
6. Directions to site from nearest major intersection (Also, attach an 8'/i x 11 copy of the USGS
topographic map indicating the location of the site):
-Glenwood Avenue north to Beech Ridge Road, turn right onto Breeze Road. Property
located off the end of the right of way at Hales Road.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Unnamed tributary to Oxford Branch
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: _C NSW
8. Which of the following permits/approvals will be required or have been received already for
this project? Neuse Riparian Buffer Minor Variance. No other permits to date.
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 fe.]: The construction of the house on this property will result in the
removal of 2,541 square feet of riparian buffer. 2,108 square feet will be covered by
impervious substrate, the house and roof and an additional 433 square feet will be shaded by
the porch and deck. This area will be revegetated by shade tolerant species and is not
included in the total buffer impact calculations for stormwater treatment. This construction
results in a loss of 2,108 square feet times the multiplicative factor of 1.5 times $0.96
resulting in a payment to the restoration fund of $3,035.52 as an offset payment in addition
to the stormwater treatment for the new impervious through the riparian
buffer.
1. 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:
Without the granting of the minor variance, this lot is unbuildable. The granting of this minor
variance will allow the construction of a 2,000 square foot which is just within the size range
of other properties in the area.
2. 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.):
Variance Request Form, page 2
Version 2: November 2000
Siorn water tg3^eneram'd by the ne,sv imperJi pus vAl be captured- "b ! rain C q .,i tters and L t?C•i1? s7a?'i':. ''
a u.. ?? d
to areas outsize of the protected rid anan zorie.
3. Please provide an explanation of the following-
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Y,-I tnout granting tali``, Ei'si ?Gr Variance, tl}e pro ei y is unbuilda!,- te.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. svit. -Erna nuai o%,vnC;d this sine 1930, and is aNoviin s the new
construction to he placed can the property lime behveen the two parcels of land ;^tiithout any
setback,.
(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):
Mailing address:
City, State, Zip:_
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1, i obe t Ernanue4 _ (print or type name of
person listed in Part I, ltem 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 3
Version 2: November 2000
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Map center is UTM 17 712440E 3965467N (WGS84/NAD83)
Raleigh West quadrangle E.57
Projection is UTM Zone 17 NAD83 Datum
http://www.topozone.com/print.asp?z=l 7&n=3965466.99982102&e=712440.00005 8843&s... 2/8/2006
C?O? W ATF9 p 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
Y
y' September 29, 2006
DWQ EXP Project # 200671386
Wake County
Page I of 2
Mr. Steve Mitchell
Mitchell Environmental
1813 Lancaster Drive
Garner, NC 27529
Subject Property.-,._ Lot_5Q1 Hales Road, Wake County
Raleigh, NC
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Mitchell:
On September 28, 2006, at your request, Amy Chapman conducted an appeal of the Raleigh
Regional Office's previous on-site determination to review a stream feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). The stream
feature is labeled ass"A" on the attached map initialed by Eric Kulz on February 15, 2006 and
Amy Chapman on September 29, 2006.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as-
"A" on the attached map is subject to the Neuse Buffer Rule. The owner (or future owners)
should notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on-site determination shall expire five (5) years
from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
Applicants are hereby notified that the 60-day statutory appeal-time does not start until the
affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask fora hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office, of Administrative
Nom Carolina
Naturally
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: htto://h2o-enr.state.nc.uslncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Steve Mitchell
Page 2 of 2
September 29, 2006
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and
binding unless you ask for a hearing within 60 days.
This letter, only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call Amy Chapman at [phone]. . r
Sincerely, 1114
Vtcj
1<? Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBKlasc
Enclosures: Topo Map
Soil Survey Map
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 061386HalesRoad(Wake)Appeal DET
No ` Carolina
Wurally
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper '
OF w A Ti,q ar ? 5
North Carolina Depattmeni of EnvIronmant.anci PaatLrai neao?rcca
T ?j7 Alan W. Klimek, P.E. Director
Division of Water Quality
f
February 15, 2006
Mr. Steve Mitchell
IS 13 Lancaster Drive
Garner, NC 27529 NBRR.O 06-040
- County: Wake
BASIN: Tar-Pamlico
Neuse X
- 15A NCAC 213 -.0259)_
(15A NCAC 2B .0233)
NOV Buffer Determination X
Complaint A eal Call
Incident
Project Name: Hales Road - Raleigh
enue, south of the intersection of Bee ge
Site is located on the east side of Glenwood Av
Location/Directions: wood Avenue in Raleigh.
n
le
Hates Road at G
p Avenue, and north of the western terminus of
Road and Glenwood
Subject Stream: UT to oxford Branch
Bate of Ietermination: 2!15(06
End Buffer Stream Appeal Located Located on
Feature Start Buffer Foy Call on Soil USGS
GPS Points (if provided) Survey Topographic
X
A Subject at Culvert Pipe
From Glenwood Ave.
This on-site deterininatlon shall a plre five (S) years front tlre,,late of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority
ty re
it is sub quest fora deter Hoof ions by thet
subject to the buffer rule entry request a determination by t Director. ? l Unit, 23 nation tree
Y, WQ wetands/ 0
di Ka rat D
Director?sltut! be referred ' ctor in writirt c/a Cyn
erred to the Due b Local
III
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination b y the DWQ, or Delegated
You "lust
hea
-authority that "exempts" a surface waterfront the buffer rule na is gyre Il an ad notjudicatory
drat tl ar60-duy statutory
act within 60 days of tile date thatyou receive this letter.-App!"
er t landowners) be certain that third
appeal tirrre does not start until the affected party (including downstream and adjacent
noti
this decision. Dii14 reconunends that the applicant conduct thus
fication in party appeals are made in a timely manner. To ask for a liearing, send a tvritteit petition, ivliichico4 on i1 iisto inistrative Chapter 150B the h, . 27699-6714. General
This detenni nthe Office atio is final and binding uunl ess your ask fora hearing
Service Center, , Raleigh, glt .C
3Vithin 60 days. ?rz t
'YV u
North Carolina Division of Water Quality Raleigh
Mail Service Center Raleigh, NC 27699-1628 FAX [phone] I-87 623-6748e
Internet: h2o.enr.state.nc.us 1628 b
An Equal OpportunitylA rmativeActonEmployer-50%Recycled/10%PostConsumer Paper
2/15/2006
Page 2 of 2
TI,e (o3uner/firtrrre oivrrers) should notify the Division of Mater Quality (arrcluding any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project rnny require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Mater Quality (Central Office) at (919)-733-1786, and the USArnry Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Res
Pcefull?
Eric tiV Kul `
Environmental Spec.
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
DWQ NPS Compliance and Assistance Branch
Ben Brown- City of Raleigh
_ Nc
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.st3te.naus 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone] : 1-877-623-6748
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I. Barry L Scott. certifY that this Od was drown under
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suiren?)dssd recorded In Book 8.? .
?af??s_2233E4... elo.) ottr.r). that V. ndb of precision Os
?olaabb?hv+da?bry latitude and departrup to 1/10.000. that am Owen " broken lines
potted from kdorngUdfound ur (SEERffERIIM:E)•
Witness my arigina sgnoture. registration number and
seal this eth day of februorv . AA. 2006
PROPERTY OF
ROBERT L. EMANUEL
2028 MM WOW AVE. WAKE Comm RAIXICK N.C.

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