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HomeMy WebLinkAbout20010396 Ver 1_Complete File_20010315 N WAT O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 24, 2005 Mr. Reid Wright 5500 Live Oak Trail Raleigh, NC 27613 Subject Property: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 01-0396 Wake County Page 1 of 3 Lot 14, Oak Winds (Reid Wright) Subdivision Live Oak Trail and Last Oak Court, Raleigh Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Wright: You have our approval, in accordance with the conditions listed below, to impact approximately 1,578 square feet (ft2 ) of Zone 2 of the protected buffers to construct a home on this lot at the subject property as described within your variance request dated August 16, 2005 and received by the Division of Water Quality (DWQ) on August 16, 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 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 (EEP) 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 2,367 square feet as required under this variance approval and 15A NCAC 2B .0233. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund 401 Oversight/Express Review Permitting Unit iu1 rQfltf 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 / Intemet: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Reid Wright Page 2 of 3 August 24, 2005 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. Suzanne Klimek should be contacted at (919) 733-5205 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 2,367 ft2 of required riparian buffer mitigation for impacts to 1,578 ft2 of protected riparian buffers; 03-04-02, 27-33-(12) river and subbasin." The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) or payment to a private buffer mitigation bank 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 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). Written approval from DWQ is required for this stormwater plan before buffer impacts occur. 4. 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. 5. Protective Fencing The outside buffer, wetland or water boundary 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, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. 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- v. Reid Wright Page 3 of 3 August 24, 2005 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. Debbie Edwards at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. Sincerely, r.lrii P. E AW Kljrd Enclosures: Certificate of Completion cc: Mike Horan, DWQ Raleigh Regional Office File Copy Central Files Bill Brower, City of Raleigh, P. .0. Box 590,Raleigh, NC 27602-0590 p -7D ?@-v.? 19.E ???? r?? C?,vSes'? ?ncerme> ?,o??v3?1? big Lam ? M-S . _# 0(0376V.Z OFFICE USE ONLY: Date Received Request # CJ (? ?? 039 State of North Carolina ??? r Department of Environment and Natural Resouff -- Division of Water Quality AUG 1 6 2005 Variance Request F zr14RKV JkiMinor Variances TADS IjiVD ST MWATER CH Protection and Maintenance of iparian?reasules NOTE. This form maybe photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. cf 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) Part 1: General Information (Please include attachments if the room provided is insufficient) name (the corporation, individual, etc. who owns the property): 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: AG d t o l J P I ei dj Title: 0 Street address: o iL City, State, Zip: ' 41_c- ? 6 ti, A1.8. 2 76/3 Telephone: ( ri I 1I ) 74117 - g t?_ 3 ?¢- Fax:) 7 9 .3 3. Contact person who can answer questions about the proposed project: Name: a), 06-7iP &J0Z1a 17 - Telephone: (>/9) 7'q 2, - 9"y 4 Fax: X9!9) _7F2 17?_!Va Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans specifications, letters, operation and maintenance agreements, a c.): G1J? N i?5 oT l Version 2: November 2002 L A 5. Project Location: Street address: City, State, Zip: County: Latitudellongitude; 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): "n n i /? M ^he ??/_.l Y i_rr/1 n 1 Y" J 1/ - t-t . 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): &0 GzkA&Z ' r 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 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.]: r47a4ts' Pay%4'! /N7'/Zt/!' s .?iv? y orrz-s?r?c gDj1yC7 rZ n.P A/d6 KNEE 6rtJ - (Z 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: /60 ®751& Ay"IAj AeA //- dUSA: 'JAI -?,Xl r.1 6AZL Variance Request Form, page 2 Version 2: November 2000 A* 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. : 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this (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 a 9d the proportion of the hards Vito 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 Variance Request Form, page 3 Version 2: November 2000 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 MEET' ONE OF TWO SHEETS -8.04-80-5360) g _ 83'go ` LOT #59 x 50 12' } - -' CC- F-4 00 Z 4 go G) ?. LOT#12 ?X n° (a 0 r F 2,268.5 ! SQ. FT. (a cl! fs? - W OR 0.282 AC. P. rn I °iO cn? qt co as O ®w 3t ab .'?ww" C? N .Ab.?' Wx o'D' .rnrn D 0 m m= A 5501 G?9 c J N m v U) rn m -4 rn G rn Ill x02`00'29"W LAST OAK COUP? 1 N 01036-527E i 0 M ? m t? m _ 20' CITY OF RALEIGH 47.89' ? w z "' z Z z SEWER FORCrz tAAIN ?AxEMENT h o 7 C17 N02°00'29"E ens fc- f w 66, 660 V' a V (5504) C16 a -* - --? -*: ` `' ca %%b Ac? % CA co It )< ca -06 Ul ' '34 g w w i fl -.+ N 0,0 10 j o? 10 as o?° 20' PRt?AT -n ny ; m =!iw "'s NA SE?MEN? .1 f?3.5a') 0.02'}\ rn I rn --1 S04°1942"W -- 270.08' \O/A , c LOT #7 240.08' (TO NEW LO CORNER). I z E ?- FOREST TRAIL ESTATES C N A W N 84° 56'35" W 125.85' S 87`091-2611 E ---.129.00' tl) ?S.Z.?.o s.F zone 2 s-- r 0W14E rz-s : 30,900 SQ. FEET ?-'"° (??(J?)) $8? ?? s? `to• s /2 zaoE L J,577.So 5? O 10396 v. Z OFFICE USE ONLY: Date Received Request # State of North Carolina ??? (J * 0 i- Department of Environment and Natural Resou- Division of Water Quality AUG 1 6 2005 WATER ri "or Variances Variance Request Fo s?? 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. r! 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.0269) ? 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.) name (the corporation, individual, etc. who owns the property): 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: _AA ??7/0 Title: 0 4 Street address:, o i- r c?JAc r ?? City, State, Zip: P4 Le) 60 , A,'.6 . :-_1 7G 13 Telephone: 742- ?4 3 !? Fax: 31-1) -7 7 - 9 4 3 3. Contact person who can answer questions about the proposed project: Name: !), 06-71D Ll?oz//7' Telephone: (2/9) '7-t?A- ?4--,? 9 Fax: L114) '77 2 9 1L Email: T 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans specifications, letters, operation and maintenance agreements, a c.): ' / 1a 0S- _O ,Y15LvN "- I'Vf,> J ?A - IV b5 L flT / 7 Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicating the location of the site): l ?, 2. /Yld?? mil', sil? 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)]: 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 Mirror 401 Certiflcatlon/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 W.]: 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: /Gam ?v?m a? ,h?aUsC? o v'e 1.9 6A22 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.): Tr / ,L/ /V;-, ! M-7111JO- 4 -riG?.v Gcr?-t. ?- 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this (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 a?d the proportion of the hards i 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 Variance Request Form, page 3 Version 2: November 2000 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: Variance Request Form, page 4 Version 2: November 2000 R. JONES SHEET' ONE OF TWO SH SR EE1'S -8.04-80-5360) 50112') ?L/- I.IOTry - f+ . z o , o ?.I J cxq cue ©N 0* r 2 y ou O 13 ao C, O Q .. n (5501) Z p 'LOT#12 °D .12,268.51 SQ. FT. a* OR 0.282 AC. R w G Gig ssO-9 c?a .l ?1 . P LI c? c I o C . . ` i = 4 o ? Z N i ^ o 00 ?O .i 1 I? I? O C r n sorW2W'W LAST OAK CO U I?f a- TY OF -' 2 FORCE MAIN 7EMENT SEWER ? 1 C77 N02°00'29"E cl, we CCe ? 0_ _ (5504) 9 c 14 1073 - ) s 8, 4Q. fir /}• I vv ` Q 30 J5 oQ `@Q1 120' PRAT _ SE?MEN? / t h vie w Po ©? r _ 10(4 O ' p two U N C> n LOT #59 c X rm Ro O O X o c , o 0 In -? wm aC :rn rn g 0 O rn _ U) 00 :j co z _j U7 D ~ ?O 5z m ° to z _+ cn N a RI V m rn m l 0 U) m z o rn ? o o w W z '?'' 3 ' ' O 111 I ? X to w 1 1 k o i i o S04°19'42"VII -- 270.08' \O/A' LOT #7 240.08` (TO NEW LOCORNER). ' I z FOREST TRAIL ESTATES ?? t A V. A N 0 N 84°,56 35°' W m 125.85' S 87' 09'2511 E ---.129.00' ow?vE rz s : 30,900 SCE. FEET C?} GSZ,30 s.F. T94m 2. ~?J :589.10 s-F loNp 1.5 777 s - -5o I OFFICE USE ONLY: Date Received I!) L-csk?? I _E? I I \y/ I c--J I ifleauest # 4 State of North Carolina AUG 1 A 200 D (.J(? 0390 Department of Environment and Natural Resources DENR.WATER QUAUTY `l - Division of Water Quality WET MDSAND STORMWATER wMCH 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. d 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 02B .0259) ? 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.) name (the corporation, individual, etc. who owns the property): responsible for the property and its compliance) City, State, Zip: P4 Le) 6r , N.6 . - 7613 Telephone: (17 16) ) 74,p- 44 .-!? Fax: (4r?) ???.-?`l3 2. Print Owner/Signing Official (person Name: & 4,=14 Title: eya Y?'P- r- Street address: -35z?00 L t /3. Contact person who can answer questions about the proposed project: Name: 0), P6-7i-0 WOZ1,2W 7 Telephone: (2/9) '72A- ?41-°f6? Fax:) Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans specifications, letters, operation and maintenance agreements, a c.): ?? r? r 5 ? oT l Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicating he location of the site): IAA ?1M/? In/1A /JM '7::e ?l?`? L?t1/1. _91 Z1JI? _-,14otAlt- "i 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): 'Il , L &7 c-_A_k A i Stream classification [as identified within the Schedule of Classifications 15A NCAC 26 .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 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 fe.]: 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: /G O d 2W& "? a n ek 11-d a,6Z : D.c/',Y fS 6A 2a 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. : 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this (2) How these difficulties or hardships result from conditions that are unique to the property involved. y ?? n n . /// 7?0 `7?i//I l ? I- If economic hardship is the major consideration, then include a specific explanation of the (3) economic hardships a?d the proportion of the hards i 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 Variance Request Form, page 3 Version 2: November 2000 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 3 S R. JONES SHEET ONE OF TWO SHEETS ?+ '8.04-805360) g3.8o' LOT #59 ca ; Z aoe ` to m lo Cjw o LOT # 12 O 1 Oa ,?.. m w Ft 12,268.51 SQ. FT. d! -4 f ??S ? OR 0.282 AC. A rn o 7D ° ® _f? g O co °1 y r ro ai O ®oo C _J, ?.' D to A t1 m_ -P4. i4 0 0p °fc) m ?Z m 1 ' (5501) ?8 v? N rn co rn 62-03' ?ZO ) 1 R 'r m G) m N w s0200o•29"wLAST OAK COU Jt No1°35'52"E 0 OF RALEIGH , 47.99' ! w z rn = ; z -? - --- 20 CITY SEWERFORCE MAIN EAgEMENT O I O z v 3 .••. N02°00'29"E CAS 0 ?? U" ?4? sss9 /? I p.: v ('504) cis .0 CL c: 231 Z#14 ?"'? ! X073 - ?' 4 c4a S O WC is/ , F4 "o ?3 'Fn j c; N ` - 4t S ul n' r p a - I °' p ? w c? I ?. w1 I ?d N Ir (oc n.., rod v ` 0 - M ! -'1 o ?; w w / oQ ??``QP'G _j N °_ j0 o s 20' PRAT I E[l m D?iw SM y 0.02') rrn U73.54') - S04`01 9'42'$W -- 270.08' \O/A I • 240.08' (TO NEW LO CORNER). ` I z LOT #7 ! I 4 FOREST TRAIL ESTATES > o? M G cC N 84° 56' 35'.' W 125.85' S 87-09'25" E,-929.00' C?) 5, 2,510 2 n 0WNC is : 30,900 'SQ. FEET ? S3430 Z44 QPIQCOT a r.w... .. .. _.- d%n _ __e . --.. F1 /?....? 1;5'17,so s ?F W ATFR Michael F_ Easley ?ot QG Governor William G. Ross, Jr., Secretary > Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality DWQ Project # 01-0396 [Additional DWQ Project # 98-0866] Wake County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Reid Wright, Owner 5436 Live Oak Trail Raleigh, NC 27613 cc: John W. Harris, PE 7909 Ocoee Court Raleigh, NC 27612 Re: Neuse River Riparian Buffer - Minor Variance Request Wright Subdivision, Wake County, NC Hare Snipe Creek [03-04-02; 27-33-12; C NSW] Dear Mr. Wright, Your application for a Minor Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) was received by the Division of Water Quality (DWQ) on March 15, 2001. The activity for which the Minor Variance is sought is to construct a home within a lot subdivided after the effective date of the buffer rules in a manner that would require impacts to Zone 2 of the protective buffers. A Minor Variance Approval is a determination by the DWQ that the activity for which the approval is sought meets all of the requirements per 15A NCAC 2B .0233(9)(a). After a thorough review of your proposed activity, DWQ staff have determined that you have not demonstrated that your proposed activity meets all of the requirements per 15A NCAC 2B .0233(9)(a). Specifically per our office meeting held on 3/7/01, you stated that you would combine lots 7 and 8 to form a single lot. This would eliminate the need for a Minor Variance and would still provide you with 14 buildable home lots within your proposed subdivision. Your original subdivision plan dated 9/29/97 only had 5 proposed lots. Therefore I am hereby informing you that this project does not meet the requirements per 15A NCAC 2B .0233(9)(a). Therefore, in accordance with 15A NCAC 2B .0233(9), the Minor Variance Approval for this project is hereby not approved. If this decision is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this denial. This request must be in written petition conforming to Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available to further discuss modification to your proposal which would answer our objections and allow issuance of a Minor Variance Approval. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Non- Discharge Branch of the DWQ at 919-733-9646. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetiands/ Page 2 of 2 Sincerely, Yrr.S tevens Cc: Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files 010396 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Reid Wright, Owner 5436 Live Oak Trail Raleigh, NC 27613 cc: John W. Harris, PE 7909 Ocoee Court Raleigh, NC 27612 Re: Neuse River Riparian Buffer - Minor Variance Request Wright Subdivision, Wake County, NC Hare Snipe Creek [03-04-02; 27-33-12; C NSW] Dear Mr. Wright, DWQ Project # 01-0396 [Additional DWQ Project # 98-0866] Wake County j Your application for a Minor Variance from the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) was received by the Division of Water Quality (DWQ) on March 15, 2001. The activity for which the Minor Variance is sought is to construct a home within a lot subdivided after the effective date of the buffer rules in a manner that would require impacts to Zone 2 of the protective buffers. A Minor Variance Approval is a determination by the DWQ that the activity for which the approval is sought meets all of the requirements per 15A NCAC 2B .0233(9)(a). After a thorough review of your proposed activity, DWQ staff have determined that you have not demonstrated that your proposed activity meets all of the requirements per 15A NCAC 2B .0233(9)(a). Specifically per our office meeting held on 3/7/01, you stated that you would combine lots 7 and 8 to form a single lot. This would eliminate the need for a Minor Variance and would still provide you with 14 buildable home lots within your proposed subdivision. Your . . /97-arrl project does not meet the requirements per 15A NCAC 213 .0233(9)(a). Ther fore, in accordance with 15A NCAC 2B .0233(9), the Minor Variance Approval for this project is hereby dQ d. vi- ? If this deniM is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this denial. This request must be in written petition conforming to Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available to further discuss modification to your proposal which would answer our objections and allow issuance of a Minor Variance Approval. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Non- Discharge Branch of the DWQ at 919-733-9646. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/ncwetlands/ Page 2 of 2 Cc: Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files 010396 Sincerely, F `NATF 0 9QG Michael F. Easley Governor r William G. Ross, Jr., Secretary >_ ..t Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Aprt , DWQ Project # 01-0396 [Additional DWQ Project # 98-08661 Wake County CERTIFIED MAIL -RETURN RECEIPT REQUESTED Mr. Reid Wright, Owner 5436 Live Oak Trail Raleigh, NC 27613 cc: John W. Harris, PE 7909 Ocoee Court Raleigh, NC 27612 Re: Neuse River Riparian Buffer - Minor Variance Request Wright Subdivision, Wake County, NC Hare Snipe Creek [03-04-02; 27-33-12; C NSW] mo-wlr- Dear Mr. Wright, Your application for a Minor Variance from the Neuse River Riparian Area Protection Rules (15A AC 2B .0233) was received by the Division of Water Quality (DWQ) on March 15, 2001. The activity for which the 'nor Variance is sought is to construct a home within a lot subdivided after the effective date of the buffer rules in a that would require impacts to Zone 2 of the protective buffers. A Minor Variance Approval is a determination by the DWQ that the activity for which the approval is sought meets all of the requirements per 15A NCAC 2B .0233(9)(a). After a thorough review of your proposed activity, DWQ staff have determined that you have not demonstrated that your proposed activity meets all of the requirements per 15A NCAC 2B .0233(9)(a). Specifically per our office meeting held on 3/7/01, you stated that you would combine lots 7 and 8 to form a single lot. This would eliminate the need for a Minor Variance and would still provide you with 14 buildable home lots within your proposed subdivision. Your original subdivision plan dated 9/29/97 only had 5 proposed lots. Therefore I am hereby informing you that this project does not meet the requirements per 15A NCAC 2B .0233(9)(a). Therefore, in accordance with 15A NCAC 2B .0233(9), the Minor Variance Approval for this project is hereby denied. If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this denial. This request must be in written petition conforming to Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available to further discuss modification to your proposal which would answer our objections and allow issuance of a Minor Variance Approval. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Non- Discharge Branch of the DWQ at 919-733-9646. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 Sincerely, Kerr T. Stevens Director Cc: Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files 010396 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Certified Mail - Return Receipt Requested NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RES URCES S Dear Mr. --------------- Subject: Application for Water Quality Certification n -------- County WQC #97-------, COE #199------------- V t1 fi'II) Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was received by the Division on ---------------, 1999. The activity for which the Certification is sought is to ------------------- A Water Quality Certification is a determination by the Division that the activity for which the federal permit or license is sought is not expected to result in a violation of state water quality standards for the waters of the state. After a thorough, on-site inspection of your property, our staff has determined that existing uses are present in the wetlands as described in 15A NCAC 2B.0220. As provided by 15A NCAC 2H.0506, our review must determine whether a proposed project will remove or degrade the existing uses of a wetland. In accordance with these rules, the Division has determined that you have not demonstrated that as discussed in our letter of ------------------, 1997. In particular -------------------- would result in an approvable project under 15A NCAC 2H .0506. Therefore I am hereby notifying you that this project would result in a violation on 15A NCAC 2H.0506. Therefore, in accordance with 15A NCAC 2H 0507(e), the 401 Water Quality Certification for this project is hereby denied. If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this denial. This request must be in written petition conforming to Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and binding. Finally, we are available to further discuss modification to your proposal which would answer our objections and allow issuance of a 401 Certification. If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Non-Discharge Branch of this Division at (919) 733-9646. Sincerely, Kerr T. Stevens cc: ---------------- DWQ Regional Office U.S. Army Corps of Engineers Wilmington Office U.S. Army Corps of Engineers ------------- Field Office Doug Huggett File Copy Central Files den SIQ Division of Water Quality - Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled110% post consumer paper OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality 0 1 0 3 9 6 J Variance Request Form - for Minor Variances;, Protection and Maintenance of Riparian Areas Rules o - y_ k NOTE: This form maybe photocopied for use as an original. Please identify which Riparian Area Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) 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): 2. Print Owner/Signing Official (person k Name: r- 8 e.I Title: e Street address: City, State, Zip: Telephone:) '"Z S Fax: 3. Contact person who can answer Name: _IsG Telephone: 10 Fax: (q19) Zg, project: Email: &A eQ I 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: Ily responsible for the property and its compliance) uestions about the d. d, Version 1: September 1998 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): j „ , Al. 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)]: ?Ieyd," 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: 41- . .Ytel_ 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]: !S W`- pc? A-,, Z ,5-,,,bd -E5 tan i 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or recpnfigured to be?terIfminimize or eliminate disturbance to the riparian puffers 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 enhancgment of existing vegetation, etc.): 4. Please provide an explanation of the following: 0-1w) Variance Request Form, page 2 Version 1: September 1998 .. (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 r I, u (print or type name of person listed in Part I, Item 2), certify that the i rmation 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 1: September 1998 (1) The practical difficulties or hardships that would result from the strict application of this (2) How these difficulties or hardships result from conditions that are unique to the property ----------- ------------ __ \ Y= 5/ I826 \ \.\\ J 01 l' . /., \ O i' ? ?-?... ? ? ((\\\?? y_J( ?-iJ / r 1?;. % / ?.\ \?• ??. a° ?1? ?'•? l Cem,. ,;c? ?\ I i ,` , C%? FA? .? ?' ? ?. ,\ •Leesville' /? :. - ,, ?-J• ` , _ ?i , ?? • ink ' ? ? l ) , r; "? ° '_' 837 \ { ? ,, ,? ?\• ` .' y, \ ,.. ? , T (" %r-.% 00/_ _ ?•? t• `.I? ?- ':,`?? :;rob 'r 4 >`` -\? ` ?:: •?\ l?' \ •\ , ,'L_i.? i r? f ? ?r ?•?. ?.'?` ? ??jj ? •?.ai /ice ,? ,?1 IN .T 6`L/c^ S$TE4 = 3 -) ) o \? \\`\?\ Cl ?/ r t ?lU 1?v ,!i ???-? ?ff . \11 //' • ` ? .r` ! I ? J • `? 1 I / ? , ,: ,' i 1. ? i - ?• ?.??, tyro I •?I• \'\?? \ \?. ti, 1iI\?\``? ? •183 ??\? ` ', ,) ? ' :\- i/? ??= J .- ? ??• ;?.-- •? xd ?J ./ ('.?_ / '/ //? •• = ? , _- ' I ? 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'1 IIHE OAK TRAIL 299- 228 69, 71 72 73 74 75 76 7 70 90 230 91 lR4Nwp0? 29 84 83 SYo ? 82 320-11 I 92 //4a 1 95' 96 1 I97 98 L-?C 1 \/ t .. jf 7) ?I i t VC? 5( \\ Na " p Lo A2 ?3zFS? rluI ?a go 7 ry/?s- TFO-d Re: Wright Subdivision Subject: Re: Wright Subdivision Date: Wed, 03 May 2000 10:01:37 4 X00 From: Bob Zarzecki <bob.zarzecki@ zmail.net> To: Charles Brown <charles.browi ?ncmail.net>, Danny Smith <danny.smith@ncmail.net> Danny Smith visited the site on 12/8/98. The 401 approval (dated 9/11/98) had a condition that impacts not exceed 150 feet to buffers total for the subdivision. However, the applicant apparently has stated that since they had a 404 for 0.1 acres dated June 16, 1997 (prior to the effective date of the rules) that they are not subject to the buffer rules. Their total buffer impacts are proposed on their original plan as greater than 500 linear feet (ugly). I've given the file and attached e-mail to Danny to review given his prior envolvement. - Bob Z. Charles Brown wrote: > Bob, > I know that this site is a little old. But I went out to the site that > was issued 98 0866. I went to the site for a complaint. There is a nice > stream flowing through the property and has a big crossing on it. Also > they whacked the buffer to the bank on one side. I was wondering what > you had over there. Nobody here has done a site visit and there is a > stream. The file on filemaker stated just wetland impact and no NBR but > that is a stream all day long. Was wondering if there is anything we can > do now. > Charles Brown ---------------------------- > [Image] [Image] [Image] [Image] [Image] [Image] [Image] Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit 1. 1}'H w " btA 1 f? '7-S X54 z5 hG Cit State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 15, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Reid Wright 5436 Live Oak Trail Raleigh, NC 27613 Dear Mr. Wright: Re: Wright Subdivision Neuse River Buffer rules and 401 Water Quality Certification Wake County DWQ # 980866 The purpose of this letter is to provide a written update regarding the permitting status of this project as a follow-up to my letter of September 11, 1998 and the site visit by Mr. Danny Smith of DWQ's Raleigh Regional Office on December 8, 1998. The following measures must be complied with in order for your project to remain in compliance with both the 401 Water Quality Certification rules (15A NCAC 2H .0500) and Neuse River buffer rules (15A NCAC 2B .0233). I. Stream impact - As explicitly stated in your September 11, 1998 Certification, total stream impact for road crossings and driveways for this entire development must be less than or equal to 150 linear feet in order to maintain your vested status with respect to the Neuse River Buffer rules. II. Lots 8 and 9 - As determined by Mr. Smith, an intermittent stream is located in lots 8 and 9. Any impact to this stream will be counted toward the 150 linear foot stream impact as noted above. A shared driveway is recommended for these lots as long as total stream impacts does not exceed 150 linear feet for this subdivision. Please be advised that DWQ staff will conduct periodic site visits to ensure that the 401 Certification issued on September 11, 1998 is complied with. If violations are found of the conditions of this Certification, DWQ will seek financial penalties and restoration of both the stream and buffer since this project would no longer be vested from the Neuse River Buffer rules. Please call me at 733-1786 if you have any questions. Sincerely, John R: Doiney Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper P. I _ C'?•'- 19gg T+?e: 2:34:10 P DEC 16 `98 11 15AM per= t?115! qG U (p ?' \0 TO: Mitottell raw- crry UV p ALSO • + acf o T10N (SRO va SUMMARY INFO pEyac'r LOCAMOM WAKE - VOL mat" VOL P.lA 410 PIIL p1m PJJL r w ~ ?? PUL 10WNG C?' tug ^?r ar. ? o SG • YOTAL ACS p}tOA05?' uM LOT 5me 1 TOGA'-Now of; f 07? F pN: 05 u?M GP SusnM AAC'E L? $ PROS AND LOS , Opp, -? t c. Ill. I, " at aA appmyaa W , ?o L. OPO- -b owta? t °?" FAX: ?' PAX P CPS FAX- PHONE A??tsO? ? 7671 s CQ?AGT p? f co 10n J cca?t tmsu)FcxsY Y -?N Yda W. BCVtMARV Yos.1 - ti?tttof-waY*% OEFL000 HAM CRS•DAAR,140p- ARC` SSar 3s d$s,rad tram wdra WpE FAQ TRAM F9PS (111-WYA) day L 2 tart FOR tom- s of ?-or- t EMC.AT IO g E? p?1 OWE bw. do haradY °Wd 6? s)cr??'mdvry s?,,,?var?4v????w?? SICHATURE 0"'04 *cuwmadm k,"th'spian " am pion i biadaWs 0M mid 63X0 0401 Date Date ?,? ,_ .., ... 7571 2 . t4olo PosMr frve? '?" # ?n L5 0 U l5 AUG 2 6 19c NlETi_n': J? GR?'.JP?? ,?. Chapter Q =,,i,i ' .. ? How DWQ Determines Which Rule Version` Applies`to-a-Prolect, In most cases, projects (such as construction and forestry) initiated on the ground tive after January 227 1998 are required to follow tof the rule appearscin Section 2 B. 1998) of the Riparian Area rule. The current version be able to However, there may be some individual cases where the affected party may 1998 allowed comply wi the July demonstrate that a project should be be able proceed without9having to comply with version of the rule OR that it should either version of the rule. Such decisions, involving the legal doctrine of "vested rights7" are matters for the DWQ to state it position on the courts to decide. Affected parties may, however, request question of which rule applies. The Division will u?e following criteria to it appears that _project requirements for complying with the riparian area version at the rule) should comply with an earlier version of the rule (or not follow d seek written permission according to the information below, the affected party from DWQ to proceed with the project: (1) Protects that require a 401 Cer tification/404 Permit If the project requires a 401 Certification/404 Wetland Permit, then riparian area requirements will be determined as follows: 1997 and is still ' 0 Ce f'fi a io /404 Permit was issued before July 22, ._ ,.,...,..t(, .inth the nnariart_aT.ea rules valid, then the ro ecL.b ??.,? • .- • If the 401 Certification/404 Permit was issued between July 22, 1997 and January 22, 1998 and is still valid, then the project is required to comply with the temporary rule in effect at that time. 22, 1998, then the • If the 401 Certification/404 Permit was issued after January project is required to comply with the current temporary rule. (2) EprePro If the project pertains to forestry, then riparian area requirements will be determined as follows: • timber contract or deed was signed before July 22, 1997 and is still If the valid, the project is not required to comply with the riparian area rule. • If the timber contract or deed was signed between July 22, 1997 and January 22, 1998 and is still valid; then the project is required to comply with the temporaryrule in effeetatthat time. signed after January.22;1998, then the • If the timber contract or deed was sign: nile. project is ;required to comply wits ,the current temporary (3)' QZtherPrQieets believes that he has a"vested if neither of the above apply and the affect party right" to develop his property without complying with the riparian area rule; the 8 1 4/14/98 Chapter 8: How DWQ Determines Which Rule Version Applies to a Project right can be established. In general, the legal doctrine of "vested rights" requires the affected party to establish that he has made expenditures or incurred contractual obligations, substantial in amount, in reliance on a permit issued by the Division (or on the buffer rule in effect at the time); that the obligations or expenditures were incurred in good faith; and that the riparian area rule is actually detrimental to his project. submmade by the courts, Although the determination of "vested rights" itted and inform the DWQ will, upon request, will review the affected party of DWQ's position on the question. See the chart on the next page for a diagram of this process. Affected parties who would like to request,a ro'ect review should submit the following info: (1) letter explaining the affected party's claim for followin an earlier version of the rule (or not following any rule), including a descnpuon of the project. (2) A map showing the project location. (3) Documentation of an approved and still valid 401/404 Wetland Permit (if applicable). OR Documentation of the signed and still valid timber contract or deed (if applicable). OR Documentation of financial expenditures and/or contractual obligations and documentation of the state approvals, if any, on which they were based. (including Sediment/Erosion Control, Nationwide 26, local building approvals, etc.) (4) If the request is to follow the July 1997-January 1998 version of the rule (rather than not following either ruld , the affected party should explain how the project will comply with that rule. The above information should be submitted to: John Dorney Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 DWQ staff will respond to your request for a review with a letter. KENNEDY COVINGTON LOBDELL & HICKMAN, L.L.P. ATTORNEYS AT LAW Two Hannover Square, Suite 1900 Awt _ 434 Fayetteville Street Mall Post Office Box 1070 08 6 6 Raleigh, North Carolina 27602-1070 Other Offices: Lacy H. Reaves Telephone 919/743-7300 Charlotte, North Carolina 919/743-7304 Facsimile 919/743-7358 Rock Hill, South Carolina Ireaves@kclh.com August 18, 1998 Mr. John Dorney Division of Water Quality Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 Re: Wright Subdivision, Raleigh, NC Dear John: As recently discussed with Mr. Danny Smith of your office, I am writing with reference to a 5.87 acre parcel located on Live Oak Trail in northwest Raleigh within the area of the city's extraterritorial jurisdiction. I enclose maps showing both the general location of the parcel as well as its proposed subdivision layout. The parcel is owned by Mr. and Mrs. W. Reid Wright, Sr. and is proposed for development as a single family residential subdivision. The property owned by Mr. and Mrs. Wright received subdivision approval from the City of Raleigh on May 18, 1998. A condition of such approval is that prior to recordation of the final subdivision plat, "a letter be provided by the State Division of Water Quality or other state agency as acceptable by the City's Conservation Engineer which states that the proposed development is not required to comply with the recently adopted Neuse River Basin Regulations." I am writing to request that you provide us with such a letter. Enclosed is a copy of the General Permit Verification issued to Mr. Wright by the U.S. Army Corps of Engineers on June 16, 1997 authorizing his use of Nationwide Permit 26 with respect to certain activity related to development of his subdivision, which is described in the permit as "[d]ischarge of fill material impacting a total of less than 0.1 acre of waters of the U.S., including wetlands, for construction of a road crossing and driveway crossings.for a residential development The permit remains valid and has an express expiration date of December `13, 1998. As you know, because of the limited area involved, a 401 certification was not required from the Division of Water Quality. 0035141.01 LiB RA . Mr. John Dorney August 18, 1998 Page 2 As you will see from the enclosed subdivision map, Mr. Wright's subdivision consists of 15 numbered lots. Running generally from north to south through a portion of the subdivision is a small intermittent stream. On the basis of the Corps permit, it is proposed as shown on the map to cross the stream with a street and with two driveways which will be located between Lots 12 and 13 and between Lots 14 and 15. Other lots will be served by driveways which do not affect the intermittent stream. In view of the date of issuance of the Corps permit, and on the basis of the Division's Guidance Manual for Protecting and Maintaining Riparian Areas (copies of relevant pages are enclosed), it is requested that your office issue a written determination that Mr. Wright can proceed with his project without applicability of the Neuse River Basin Regulations. The prompt attention of your office to this matter will be greatly appreciated. I will be pleased to provide you additional information or meet with you and members of your staff if the same would be helpful. Very truly yours, Lacy H. Reaves For the Firm LHR:mcn Enclosures cc: Mr. W. Reid Wright, Sr. State of North Carolina • Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1 • • 6k 2 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 11, 1998 Wake County DWQProject # 980866 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. Reid Wright 5436 Live Oak Trail . Raleigh, NC 27613 Dear Mr. Wright: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in less than 0.1 acres of wetlands or waters for the purpose of constructing a road crossing and driveway crossings for a residential development (Wright subdivision) at Live Oak Trail, as you described in your application dated August 18, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters-to-restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Total stream impact (culverting and rip rap) for the road crossing and driveways is limited to 150 linear feet. If this limit is exceeded, then this project will require a 401 Water Quality Certification and as such will likely no longer exempt from the Neuse River buffer rules (15A NCAC 2B .0233). If you do not accept any of the conditions of this certification, you may ask for an 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office John Domey Pto Raleigh DWQ Regional Office oward, Jr. E. Central Files Lacey Reeves Eric Fleek 980866. ltr Division of Water Qu ity i'ds ti- 3isOharge,Branch . 4401 Reedy Creek Rd.; 'Raleigh, NC 27847 Telephone 919=733=1786:-FAX °# 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10%c post consumer paper . C, ??,cVV-)eC/ Cep, Lee-) / C ynp/? Re: W.R. Wright V Subject: Re: W.R. Wright Date: Wed, 17 May 2000 17:54:57 -0400 From: Steve Mitchell <steve.mitchell@ncmail.net> To: Cyndi Bell <cyndi.bell@ncmail.net> - Reid Wright got a NW 26 6/16/97 ;exp 12/13/98 for a driveway xing of less tha 140 linear feet and less than 1/3 acre fill. ACOE # 199700750 Attempted vested rights aspect-.5/4/98'basedon above facts. DWQ # 980866 for.0.1:acres of wetland-9/11198. Subdivision plan was defeated by.Raleigh City Council in spring,Of 97.. City passed rsolution':; n Sept. 97 that .allowed inrQrnal. planning:.Dept to approve any''subdiv greater than '5 A w/cut.Cu A vote. Wright .held _out until after the resolution for submittal and got approval after 8/21/97. Therefore he is subject to NBR. Dorney wrote on 12/15/98 that in order to maintain vested rights-status total of inpact on creek had to be less tha 150 ft. You need to talk to Danny and Charles Brown. That is all I have. q i .• VICINITY MAP .. NT5 05 Nw 4v SITE PLAN I X00' _ ? `o?oF vv H r?gQG r. Michael F. Easley Governor William G. Ross, Jr. Secretary O Y Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources Wetlands/401 Unit Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: General 919-733-1786 Fax: 919-733-6893 gcCt-6q0--301(0 Fax To: (?f- o J_j ter" Fax Number: Company: Date: `4 y ? ° 1 From: - - -??,` Phone: 73 s -'tTzc,?, No. Of Pages including cover sheet: Z_ Notes or special instructions: ?i?G*c° c??L a- ?-- c? r 3, lam{ \O NCDENR Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 SEWER (EXISTING 30' CITY OF RALEIGHBOM11996Y PG. 2) \ \ UTsr:ITY & ACCESS EASE1?lENT ( \ (EXISTXG 10' PRIVATE DRAINAGE EASEMENT) \ \ LOT #61 O? (BO 1974, PG. 346) _? \ I LOT #60 F-. (EXISTING PUMP STATION)--\ --t- I O (BOM 1996, PG. 52) S87°09'25"E - 370.00' IO/A . 209.76') _ -? EMn (160_4_ ._ _: - y (20' PRIVATE DF q AGE _ lV _ - \ o LOT #13 / o W cr. I U. w o' 13,599.38 SQ. FT. p z CY cwj Z 180SS)/ a ' 'of, 0.312 ACRES .1e O W Q. OI 04 h ?. i ?! Q V J Mo S86°37'48"E -,159.07' OHO F- c* zo _j 0 vi W, Lu ?\ v N z / o.. I N88°48'38"W -122.84 V =IW _,Z z _, 'O Ile z . co _ O ga a h C -° N %y co u. b) ci r o?V cl) 0 V W Q I G QOC /^ ^?//. .//o a? N / CD V !C4 CA 'o 0 "k cod Lo w N ° to _ O 04 04 C) 0 4. LOT #11 N z I _ I 19,71618 SQ. FT. I 1 OR 0.453 ACRES -(5500) - (5424) f J N85°12'08' W - 3' (26.53'.) N85012'0 8"W -116.64' Nn udoad -al-o-- - -LIVE OA ^ 1?? N o - (50' PUBLIC R/W S85°12'08"E -119.06' S8501 2'08"E 1 2.97' .s-- Z (5501) ?J I G?ti (5433) CL 0 I LOT #1 o ?I LOT #10 N 13 255.57 SQ. FT. o to 11 045.48 SQ. FT' Lc) cl J OR 0.254 ACRES n o OV I OR 0.304 ACRES a u) ( oo, I I c., ool. . W Y Z 8 °56'05"E - 7.05' / /Q o N89°58 29"N -142.15' (,oo'q?) Q (.vq' Q? A° 1 O N O I a 0 o r va I / o t 1 ca T o I LL N O~ mod. / I r ` 120733? 32 SQ. FT. 1 0 2 z I Cl 0.292 ACRES r NQ Ln ;? ?OR W O N O 7 I O N r O k0 I o? 0- iI d o O'Co c `0 1 Sk7°00'57"E 11 as.74' 7- 0 0 O ! o Ul to V - -137.22 (£Z'Z L) ?° x + / ' ?i 2 I S890001 Z 45 o_ wlw?_... , q_v ____I_-. LOT n3z? SQ. FT.,_ .. Re Wright Subdivision Subject: Re: Wright Subdivision Date: Wed, 03 May 2000 10:01:37 -0400 From: Bob Zarzecki <bob.zarzecki@ncmail.net> To: Charles Brown <charles.brown@ncmail.net>, Danny Smith <danny.smith@ncmail.net> Danny Smith visited the site on 12/8/98. The 401 approval (dated 9/11/98) had a condition that impacts not exceed 150 feet to buffers total for the subdivision. However, the applicant apparently has stated that since they had a 404 for 0.1 acres dated June 16, 1997 (prior to the effective date of the rules) that they are not subject to the buffer rules. Their total buffer impacts are proposed on their original plan as greater than 500 linear feet (ugly). I've given the file and attached e-mail to Danny to review given his prior envolvement. - Bob Z. Charles Brown wrote: > Bob, > I know that this site is a little old. But I went out to the site that > was issued 98 0866. I went to the site for a complaint. There is a nice > stream flowing through the property and has a big crossing on it. Also > they whacked the buffer to the bank on one side. I was wondering what > you had over there. Nobody here has done a site visit and there is a > stream. The file on filemaker stated just wetland impact and no NBR but > that is a stream all day long. Was wondering if there is anything we can > do now. > Charles Brown ---------------------- ----------------------------- > [Image] [Image] [Image] [Image] [image] [Image] [image] Bob Zarzecki (no l Environmental Specialist III - DENR/ DWQ v" ?/ V 401 Wetlands Certification Unit CA e ,? S J ?4v? llvf? 1A 1 e,11 54 ?G ? e5 hG .-1511998 Time: 2:34:14P ' S P.1 DEC Jr, '98 11:15AM •- pt..121 U J ?? n+r+tahe{I co USE ALSO) UV ON PALSO) ' B not It- - • .SUJWMARY IN ?RII ICING pEVELOT LOCAMOM 'Sit WAK?,GOUKK P?G?tTI . tQ ? per' . p1m r w Iyq +?r . Pte' TCTAL dF LO-M ¢ f : %gVaUM LOT 5M9= F NOW TOTAL OF suatirA51W A?ggG - tUT SITA; -, ? AIM LOT u1?a? ad ili:?W-n• "r ? ppst at an a?speov ? G, . ,W, ltd L oW14wt t DVE0E?- FAx% ?S t AQOT?? x- IL _ ce FAX PEAR pP Z FAUX: Pt.(Ol1E at 60(47n MESS* 1049TACT P.u '"P760" J t y5l0r.cY 6GUtMARY Yes -r Aqht-of-way' vjaAw unsFt000 Flr AREA 62dra CaCMDAA MACa- tr,War is desu? ltiom .siffi %%OF- FAQ LAO TRANSFERS (1E-2d14) dans?Y `lam FO a??srrtir ?r 04 ?,l cac ? A ?.OF-w AY q? ?O F-QLV nvur Wd 171MY L- ad agon?• W° do II affimpvV616(its A7t1ftE ?r?s) orlls+b?? ds?;n?Y+u'd savsrslNt° ` 6vAmid OWNJs SIGN ktwby 1n as ? MPOWccas? may, k, r d" plan pa srN p I ? ss sh f fJ Data pate NOW 7671 ?.?, ppgl-lr f , Frofn. r State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A 4 • • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 15, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Reid Wright 5436 Live Oak Trail Raleigh, NC 27613 Dear Mr. Wright: Re: Wright Subdivision Neuse River Buffer rules and 401 Water Quality Certification Wake County DWQ # 980866 The purpose of this letter is to provide a written update regarding the permitting status of this project as a follow-up to my letter of September 11, 1998 and the site visit by Mr. Danny Smith of DWQ's Raleigh Regional Office on December 8, 1998. The following measures must be complied with in order for your project to remain in compliance with both the 401 Water Quality Certification rules (15A NCAC 211.0500) and Neuse River buffer rules (15A NCAC 2B .0233). 1. Stream impact - As explicitly stated in your September 11, 1998 Certification, total stream impact for road crossings and driveways for this entire development must be less than or equal to 150 linear feet in order to maintain your vested status with respect to the Neuse River Buffer rules. II. Lots 8 and 9 - As determined by Mr. Smith, an intermittent stream is located in lots 8 and 9. Any impact to this stream will be counted toward the 150 linear foot stream impact as noted above. A shared driveway is recommended for these lots as long as total stream impacts does not exceed 150 linear feet for this subdivision. Please be advised that DWQ staff will conduct periodic site visits to ensure that the 401 Certification issued on September 11, 1998 is complied with. If violations are found of the conditions of this Certification, DWQ will seek financial penalties and restoration of both the stream and buffer since this project would no longer be vested from the Neuse River Buffer rules. Please call me at 733-1786 if you have any questions. Sincerely, John R. Dorney Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper , AUG 2 6 I9?? 9 rceiI_r Gft4!)P Chapter 8:. How DWQ Determines Which Rule Version Applies to-aP'role In most cases, projects (such as construction and forestry) initiated on the ground after January 22, 1998 are required to follow the current of the rule appears (effecitive Section 2 B. 1998) of the Riparian Area rule. The current version may be able n However, there may be some individual cases where the affected party y demonstrate that a project should be able to comply with proceed thout9having to 19mpl98 version of the rule OR that it should be allowed to peed either version of the rule. Such decisions, involving the legal doctrine of DWQ ho state its position on the arts to decide. Affected parties may, however, request iteria to question of which rule applies. The Division will Even°if t appears thatdthe p o?ect requirements for complying with the riparian version of the rule) should comply with an earlier version of the rule (or not follow any seek written permission according to the information below, the affected party should from DWQ to proceed with the project: (1) Projects that require a 401 Certification/404 Permit If the project requires a 401 Certification/404 Wetland Permit, then riparian area requirements will be determined as follows: 401 C t • f ati g ,/404 Permit was issued before July 22, 1997 and is still If the • alid then the ro'ect is not re uired to com 1 with the e 1 If the 401 Certification/404 Permit was issued betw s =n Ju? to co97 an with January 22, 1998 and is still valid, then the project e1 the temporary rule in effect at that time. 22, 1998, then the If the 401 Certification/404 Permit was issued after January project is required to comply with the current temporary rule. (2) Fore= projects If the project pertains to forestry, then riparian area requirements will be determined as follows: or deed was signed before July 22, 1997 and is still If the timber contract with the riparian valid, the project is not required to comply area rule. If the timber contract or deed was signed between July 22, 1997 and January • 22,1998 and is still valid, then the project is required to comply with the temporaryrule in effect, at time 22,1998, then the If :the rimber contract or deed was S1gn:after January. . project is required to comply with `the current temporary-rule. (3) Othe P believes that he has a "vested , If neither of. the above apply and the affect party ri ht" to develop his property without complying with the riparian area rule, the g 8-1 4/14/98 Chapter 8: How DWQ Determines Which Rule Version Applies to a Project right can be established. In general, the legal doctrine of "vested rights" requires the affected party to establish that he has made expenditures or incurred contractual obligations, substantial in amount, in reliance on a permit issued by the Division (or on the buffer rule in effect at the time); that the obligations or expenditures were incurred in good faith; and that the riparian area rule is actually detrimental to his project. Although the determination of "vested rights" can only be made by the courts, DWQ will, upon request, will review the documentation submitted and inform the affected party of DWQ's position on the question. See the chart on the next page for a diagram of this process. Affected parties who would like to request a project review should submit the following informad : (1) A letter Wlainins the affected party's claim for following an earlier version of the rule (or not following any rule), including a description of the project. (2) A map showing the project location. (3) Documentation of an approved and still valid 401/404 Wetland Permit (if applicable). OR Documentation of the signed and still valid timber contract or deed (if applicable). OR Documentation of financial expenditures and/or contractual obligations and documentation of the state approvals, if any, on which they were based. (including Sediment/Erosion Control, Nationwide 26, local building approvals, etc.) (4) If the request is to follow the July 1997-January 1998 version of the rule (rather than not following either rule), the affected party should explain how the project will comply with that rule. The above information should be submitted to: John Dorney Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC' 27607' DWQ staff will respond to your request fOr a review with a letter. KENNEDY COVINGTON LOBDELL & HIcKmAN, L.L.P. ATTORNEYS AT LAW Ttvo Hannover Square, Suite 1900 434 Fayetteville Street Mall Post Office Box 1070 9 8) 0 6 Raleigh, North Carolina 27602-1070 Other Offices: Lacy H. Reaves Telephone 919/743-7300 Charlotte, North Carolina 919/743-7304 Facsimile 919/743-7358 Rock Hill, South Carolina heaves@kclh.com August 18, 1998 Mr. John Dorney Division of Water Quality Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 Re: Wright Subdivision, Raleigh, NC Dear John: As recently discussed with Mr. Danny Smith of your office, I am writing with reference to a 5.87 acre parcel located on Live Oak Trail in northwest Raleigh within the area of the city's extraterritorial jurisdiction. I enclose maps showing both the general location of the parcel as well as its proposed subdivision layout. The parcel is owned by Mr. and Mrs. W. Reid Wright, Sr. and is proposed for development as a single family residential subdivision. The property owned by Mr. and Mrs. Wright received subdivision approval from the City of Raleigh on May 18, 1998. A condition of such approval is that prior to recordation of the final subdivision plat, "a letter be provided by the State Division of Water Quality or other state agency as acceptable by the City's Conservation Engineer which states that the proposed development is not required to comply with the recently adopted Neuse River Basin Regulations." I am writing to request that you provide us with such a letter. Enclosed is a copy of the General Permit Verification issued to Mr. Wright by the U.S. Army Corps of Engineers on June 16, 1997 authorizing his use of Nationwide Permit 26 with respect to certain activity related to development of his subdivision, which is described in the permit as "[d]ischarge of fill material impacting a total of less than 0.1 acre of waters of the U.S., including wetlands, for construction of a road crossing and driveway crossings for a residential development," The permit remains valid and has an express expiration date of December 13,1998. As you know, because of the limited area involved, a 401 certification was not required from the Division of Water Quality. 10035141.01 LIB: RA Mr. John Dorney August 18, 1998 Page 2 As you will see from the enclosed subdivision map, Mr. Wright's subdivision consists of 15 numbered lots. Running generally from north to south through a portion of the subdivision is a small intermittent stream. On the basis of the Corps permit, it is proposed as shown on the map to cross the stream with a street and with two driveways which will be located between Lots 12 and 13 and between Lots 14 and 15. Other lots will be served by driveways which do not affect the intermittent stream. In view of the date of issuance of the Corps permit, and on the basis of the Division's Guidance Manual for Protecting and Maintaining Riparian Areas (copies of relevant pages are enclosed), it is requested that your office issue a written determination that Mr. Wright can proceed with his project without applicability of the Neuse River Basin Regulations. The prompt attention of your office to this matter will be greatly appreciated. I will be pleased to provide you additional information or meet with you and members of your staff if the same would be helpful. Very truly yours, 1-1"? Lacy H. Reaves For the Firm LHR:mcn Enclosures cc: Mr. W. Reid Wright, Sr. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director • • 2 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 11, 1998 Wake County DWQProject # 980866 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules Mr. Reid Wright 5436 Live Oak Trail . Raleigh, NC 27613 Dear Mr. Wright: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in less than 0.1 acres of wetlands or waters for the purpose of constructing a road crossing and driveway crossings for a residential development (Wright subdivision) at Live Oak Trail, as you described in your application dated August 18, 1998. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Total stream impact (culverting and rip rap) for the road crossing and driveways is limited to 150 linear feet. If this limit is exceeded, then this project will require a 401 Water Quality Certification and as such will likely no longer exempt from the Neuse River buffer rules (15A NCAC 2B .0233). If you do not accept any of the conditions of this certification, you may ask for an 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. oward, Jr. E. Pto Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office John Dorney Central Files Lacey Reeves Eric Fleck 980866. Itr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786: FAX # 733-9959 An Equal Opportunity Affirmative Action Employer •- 50% recycled/10% post consumer paper y ry-) 6kx V-), C VV-) 2G y,?P.Ss -AV Re: W.R. Wright P /G? I O e ?? V 3C Subject: Re: W.R. Wright Date: Wed, 17 May 200017:54:57 -0400 From: Steve Mitchell <steve.mitchell@ncmail.net> To: Cyndi Bell <cyndi.bell@ncmail.net> Reid Wright got a NW 266/16/97- exp 12/13/98 for a driveway xing of less tha 140 linear feet-and less-than 1/3 acre.fill., ACOE # 199700750 Attempted vested rights.aspect:5/4/.98 basedon.above,facts. DWQ # 980866 for 0.1 acres of wetland 9/11798. Subdivision plan.was defeated,by,Raleigh City Council in spring Of 97. City passed rsolution An .Sept: 97 that-. allowed internal planning Dept. to approve any subdiv greater, than 5 A w/ out Crtunc.Li vote. Wright- held'-out' .until after the resolution for'-submittal and got.approval after 8/21/97.• Therefore'he is subject to NBRp. Dorney wrote on 12/15/98 that in order to maintain vested rights status total of inpact on creek had to be less tha 150 ft. You need to talk to Danny and Charles Brown. That is all I have. VICINITY MAP 05N6, NTS ;IF 1171 SITE PLAN 1„_100' C3 - 2a 4?2ti'LGL( ` 5 7 w OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality 010396 Variance Request Form - for Minor Variance Protection and Maintenance of Riparian Areas Rules r_ _ V)l NOTE: This form may be photocopied for use as an original_a o Please identify which Riparian Area Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) 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): 2. Print Owner/Signing Official (person legally Name: r^. R .0 t Title: Dc?, Street address: 6-491 Ltu City, State, Zip: 9,A I O,L- L, Telephone:) e for the property and its compliance) Fax: 3. Contact person who can answer Name: Z&_? Telephone: LIL ) 170 Fax: LV_q__) -7g? uestions about the proposed project: Email: 4 L , j24 y" 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: Version 1: September 1998 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicating the location of the site): 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)]: Reud?e_ 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: 4 "P_ '_ Date received: Permit Type: CAMA Major CAMA Minor --1 g 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]: 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or recPnfigured to bete minimize or eliminate disturbance to the riparian puffer: 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 enhanc ment of existing vegetation, etc.): 4. Please provide an explanation of the following: Variance Request Form, page 2 Version 1: September 1998 (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 r I, 2c (print or type name of person listed in Part I, item 2), certify that the i rmation 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 1: September 1998 (1) The practical difficulties or hardships that would result from the strict application of this (2) How these difficulties or hardships result from conditions that are unique to the property I-A \ ` \ •..i? / lowers tag `?/? \ i? \ •? // y \ \`_ J 51 1816\ j \ \ O ?, ?? -•.J?? 1833 1 a.• \ \?J?t ?' ? ?? I !Irl 1` ? .! ? ,\ ,-./1,/ ??/i))/))?J)? Ff,(-`,n !??`\ \_ `1• X11 >> \=?. .\ ?/ _ _ ??.., / f?r'-, •? i? ?-? /.i \`? \ i i -cl ( '•? I ally I? ; \ 3?%i` \ i ,? ' _ `. ?h \' i q - ?(???/ i?`51sk .y?' -?j?' ,n`? ?•.i ? J11 \?y? ? ' ?(I?..1?Iri •,ad-? IS `-_P ?i,??(, ?• J ter\) _ r ?? 1 1 ,1 I? , `/(831 I 1 ) ,?i? _...?` ?.{'• t ^?. \\. '`\.\ •(a ??_r I I,t \ ?? _. /? I r;/ ° ? 837 \ I t:;? , .•\ n? .\ , , ?) ? `- ? I, I? ?+`r""-% ` \ 6 ? (i ? ?:???\\ 50 ?' 509 ? ? ?,? ? \: r ?...? -?\ ? ? \?? - c ? il? \ ?-` ?'' ; ?? I r1? ??: ? .X./ \ ' , I 11c ??t \ r 1 \\\ rill (??=? I\. ??? '/I','i Ir / /II ?,• r' -'/ ?i,i !- ?'/ .;. R <?C? J t w /r i ?, y\ t "ZI A'i \ ? r. 1 I 1 { em (\? Y' ?: 1 ?? i '? \ r\ 1 'o \ ' 1?2T i?yl? I' 9ke i Orb 06b IN- a _ L ) OLb i 'l a N v ? ?` rn v x x t ? O§ N OC) MCC) Z ?? I 1298-10 I L i 298-92 A I /l 22 298 - 92 ?G 320 - 11 ®. . }? Y A!% WILL ?j $IT[ 504 1.0 ® A .412. - . ? ?..? 414 .r? l f 413 415 ?Y 1I 3 4 l 227 x'_26 224 o 223. 222 h 221 u t k7. TO A0. 14 AO. .1.1 *a tt9 1p go AC. -..eA L--llal r' 202 8 ? LIVE OAK TRAIL 228 / I I I. . ,_ : I 69, , 71 70 72 73 74 1 75 ? 76 ' 7 90 230 91 tR°NwpO? 92/ /4a 195 I96 29 84 - 83 Ly 82 97 98 8 J6hn W: Harris, P.E. Consulting Engineer 7909 Ocoee Court Raleigh, NC 27612 (919) 789-0744 C Qcx-k °SWt-1 (p 40 t. c uw. John W. Harris, P.E. Consulting Engineer 7909 Ocoee Court Raleigh, NC 27612 (919) 789-0744 N00'S9'03"E 670.00' I TY MAP (NTS? VICIN 2g. /f WELL SITE ? $ tit DV tit DWELLING I ~R 'c~, OC, Viz. 3 , 0 ~ ~t~ SEPTIC TAN K 00 z a ~ 4 0 ° ~-~~R.176~1 N ° TOP OF BANK v~ m V W ~ % _ _ ° EX. MH. 0 AT PUMP STATION RIM EL.=93.45 -D EX. FES 0 RIM EL.=91.8 1 11 1 8 S 12 RTICAL DATUM IS ASSUMED VE S04'1 9'42 "W 91 S04' 1 S04'1942"1N 220.09' ~,tiOS . ,~Z'ti9~ 3~~9ti~L PAVEMENT EX. MH. WIDTH=20' \ RIM EL.=100.00 O TOE OF SLOP 13 I HEREBY CERTIFY THAT THESE DATA' WERE COMPILED FROM ACTUAL FIELD LOCATIONS BASED ON RELATIVE POSITIONING WITH PROPERTY MONUMENTATION FOUND. NO ATTEMPT WAS _ _ TO LOCATE ANY ENCROACHMENTS IF ANY, AND THIS MADE DRAWING DOES ~ REPRESENT A BOUNDARY SURVEY 8Y - 50 0 50 100 150 THIS FIRM. 1111111?I?Ilg1 CAR Q,t~;,.... Qf/ p~,. .,H' co Scale 1 50' ~r G1STF9 s~Q~ FO• _ cry z N Viz.= Gt~~"°7' dE SEAL = ~ ~ d r _ i~ c - ,r L-2813 ~ 6 y 0 -:=O uz;~ o 7 .,~~R~~''~ti REFER LACES ~ iN,¢~E P IN NQ~ l9 do, kJAd" ,p~~ p-~.vrJ~~E REGISTERED LA SURVEYOR ~ nlnuun?u? g~ pF MAPS 1974 PAGE 346 TwCOMBMD SURVEYING RESOURCES L7'~~rZl~~k'. , Lo~cari oN rw~ REGISTERED M YD SURVEYORS LEGEND DATA LOCATED 3701 NATIONAL DRIVE SUITE 110 XISTING IRON ,PIPE E. I . P. E RALEIGH, NORTH C4ROLINA 27612 CENTERL I NI= CREEK S. 1. P. SET IRON PIPE WELL HOUSE LD h1EASUREN~NT { ) FIE ETC. (919) 787 - 0900 DATE 9-29-97 DRAWN Br Di~JELL I N6 LOT 9 - x--- FENCE MANHOLES UP UTI L 17Y POLE ~ ~ pAK TRAI L 4' RCP WAKE GOUNTY, NORTF~' GAROL I NA kReOL I NA CALF: f " =50' DWG NAM, : FTC I?~IL.EI 6H, 1 OF 1 PfN ~ . ~s~ A PORTION OF ,p R. JONES TE ROP aF JAMES ESTGA Ali N .360 W 3 .80 5 ) P~• ,N. 0778.04 0 974, IP.I a FORMERLY LOTS # 8 9,10 ,11 AND WELL LOT # 1. oM1 , 0 ' TED 9 040 _ _ l92'-s0~-- LOT #59 F ~ pOP ~~Z' q N P ~ ' - R@A W Vy1 9 Ip 138.G41_ 138.64') ( r NK .l 0 „ 0.00 0 sp ~ GR, ° '03 E-fi7 ' z ~iVi: c• N00 5 5012) fi ~ 1' N ENT 0 b4.5 ~ Z u~ O w I Z 00X no W pGE W ~ RIVATE DRAIN ~b5 00 . °0 J EXISTING 10 P 6 36' ' ( pG. 34 } 109. ~ ~ ' t;n N I a LOT #12 1 N CS 13,380.67 SQ. FT. N W gOM 1974, ~ N o SYLVAN LAN > { ~ ~ O0 ~ cc -4 OR 0.307 ACRES P. G rn. O E - 109.57, ~ - ~ t~ i~ ~ _ - \ Z Oar N ~ ~r si ~ c} ruEAL ~oA _ N 9 ~ , o ~ ~ I o ~ o o ~y Fs is ~ I~ -OO ~T Q t c ~ -0 M I • w 70 3t r- F2y~' x_ ra uo rn rn rn N ~ T#8~ w I LO ° 11,770.02 S N ~ N m ~ o ~ ~ OF Ott` ° cn O -4 -4 A N ~a rn ~ eo ~ 6.93 S4• FT' $ 0.270 ACRE N t7s A O O l c , V ~ I T #7 a~ 11,28 ES • pR ~ ~ oo ~ ~ w o0 w LO , FT. pR 0.259 ACR 'D N 00 co z v pv N W Z :°.I 714.83 S4 \ ~ ~ p ~ I ~ N 12, ~t c p H a I p.292 ACRES ~ ~ I A „ ~ ' / I rn~ ~z rn OR ~ \ I ~ m ~ m to LIVE OAK TRAIL ~ y , N ASS c ° z c D 09 ~ ' ~ N > w J D DRIVE S 'a~ ~ ~ 01 1GW®O ~ 30° ~ N (55 ) spRlt = 3~s (Sg73 N (5501) G O.749 rn rn N Z 1' ^ 62.03' Olu tiV. ~ ^ b 1 o m ~ 62.03' n?01°352;E . I O rn J rn 1- ' ~ 1 Nl O (542 ~J o ' 9nW I W ~ o, c4 N \ 7 G~ ~ s02 00 2 A, Jul ~ 0 541) a 4 ~ L 2°00'29"W ST ppKCOURT 47-99' 5' w Z 70 ~ b N ( ~ 49.1 1 , v,CiNirY SAP ~ ,h h ~ ~ 1 I clr G 4.15 20 o z ~ • C,Ty OF RALEIGH I 20 MAIN EASEMENT p ~ LOT #31 c oo°s9'03 W I w ,T C2 S RE FOR 70 O Z S06°05 20 W SEW SEWE C V) R FORCE C17 I o _ G i LE END m T . Z R U CO ^ o K #6 OA - I MAh IS A _ LoT $T - TH S cn L`A ~ o , ' ~ ~ F- . FT. ~ -20 CITY OF RALEIGH _ 02 p0 29 E Lines Surveyed ~ o? - 1 385.07 SQ p t ~ N N OF • o a 1 ~ c6 LIC ~ • )2°00'29"E Ors • _ o RE-SUBDIVISIO N S d SEWER EASEMENT pU~ .ss - - - - - - Lines Not Surve ed ~ fA m l- 61 ACRE ~ 45 „ ~ ry 66 v 0.2 to x o m OR ~ ° 9 03 E ~ w ~ 504) 66 T6 (5504) y G ~C16 V/ - EIP - - - - Exi I U VIBERS ~ ' ~ M o ~ \ N00 5 Cr a G t5 sting ton Pipe P. I. N. N I ~ N d + 3 0 20 E C11 , ~ Q C? Control Corner _I x ,g / Q\ C10 3.37 pC~ ell. 778.04 90 6343 r ~ z ~ o _ - -74~ l5 a Dit ECM - - - Existing Concrete Monument 4 v C > > 3~• ~ ~ CH H o NIP - - - Ne m A ~ M 4' ~ / 9 DITCH ~iQ., 1.•- ^ ~ w Iron Pipe 0778.04 90 4191 y N , , e C I PKN - - - P -'I ~ o ~ / 1` C8 ~ 5416) ~~T11 Ot 14 ~ K Nail ~ ~ - ~ ( W 0778.04 90 4298 a I ` I5412) A ~ ~ - o'f ' DMD - - - Double Meridian Distance w A ~ ~ l „y r r I R - - - 0777.02 99 5856 ITt < 5 . ~ St / 5408) _ _ ~ ~ /W Right of WaY D o~,4 . P" ~ 0 + ~ " ' ~ I Z cr) r- DB - - - - Deed Book m 5~ ~ l / ^ ~ N W Z w I -1 0777.02 99 4869 1~9 , _ ~ t>, ~ CM - - - - Concrete Monument l7 5~ / ~ ~ ~ r N I N ~ \ 0~ O R0 N ELS - - - - Existing Lightvrood Stake D ~ C ~ ~ c / N r' ~ ~ o r t7s ~ N -i v1 p O N rvi W W O tD z N o* - 2 p J40 / o N o, ~ ODs ~ I a~ - D REFERENCES: ,4 ~ ~ ~ ~ o OR O to G) 4 Z i h ~~n N N. N m A.t I M~ G E3 O M 1974, f~AGE 3 6 m _ r• ~ m I h 0 r) D O ~ o m -n NORTH CAROLINA m y ~ N ~ a 4k ~ ~ N N I D N \ s w ccE 13 O M 1995, PAGE 105 D / ~ ~ ,a w m D 1n ~ A v~ ~ , ~t ` ~.oT 1% in -4 0 COUNTY i ~ o rn n ~ ~ 1;;~;:~` m I _ _ m ~ p ~ m ~ Q N ~ . ~ ~ I r' ~ A .fl p N -i io W ~I f, ` I ~TZV~~~ STi~ certify that This pla! was drawn Z ~ / o N r ~ ~ p O N "i ~ ~ V z ° Z ~ . 0 r, ~ ~ ~ w -t c m r ~ ot~ a ~ N ~j< ~ under my supervision from an actual survey made under my supervision (deed W G O N ~ ~ ~ ~ 'Q ATE 1 m r 1 ~ t; desCnp(ion recorded in Book Y M1~T pa e etc.i (other' that the ~ ~ N . A W ~ W ~ g 7 #30 w ~ 5 ~ ~ >~F ~ ~iw E?ASE\MEN~ Oy 0.02')\ rnI I m c~ boundaries not surveyed aredea~lyindreatedasdrawnhom~nfo~maGo, toundinBook LO d ~LOT# ~'N ~ 4 o (I7:i. 54') m I _ ,r „ - ~ - •~SDaa..-. a °o~ 7.7pSQ.FT ~ > rn ~ ~ s c (173. 5 page a, .ne r°:,o o. preu:,o~ as Ce,ro,a'ec s ' , . W ~ 18,84 ORES ~ p ~ 040 19'42"W 270.081\0/A 9 M, I Z fhisplatwaspreparedmaccordancewithG.S.4'-30asamended wirressmyongmal W .r,. OR0.433A I , r ~ i ~u F- W ~ m i 5,62) ~ ;,x signature, registration number and seal this~l2dayof 1VOy, A_D.,~L7 Q W N "'i / ) Kw, 240.08' (TO NEW LO~ CORNER). p ~ Q ~ , LOT #7 LOT #7 v seal or stamp ~ a' ? o c. EME ~70 ~ FOREST TRAIL rm a ~ s•? ~ I ° E , REST TRAIL ESTATES < rn surveyor p ~ RIVpTE (10.3 rn ~ N ~ N 20 P Os ~ ~ ~ ' 404.2 N _J~ -~z9S ~ 7b,aol , 6,E c ~ _ ~ ~ °414 ~ N Reyisfration Number S~4 p ~ .6s'1 C ~ 6' 35" W ~a5 N 84 5 PRELIMINARY PLAT, m y~ ~ 56' 35" W 125.85' S 87 09"25" E 129.00' L---r NOT FOR DEEDING N LOT #12 r -i 30,900 SQ. FEET OWNER ADDRESS SALES OR RE D #29 C1 CORDING. LOT FOREST TRAIL ESTATES OR 0.709 ACRES. W. REID WRIGHT, SR.. rn 5436 LIVE OAK TRAIL ~ ' This certifies and warrants that the undersigned i! (are) the sole ' ~ owner fs) of the urooe,ly shown on this map ar piat and an accom I S 05'03'25" W 245.05' RALEIGH, N.C. 27613 919-782-9434 y , C:' ponying sheets subject to fire exceptions on record, having acquired - C; i ~r I ~ A14RfL.yt >n fee simple by deed (s) recorded in the office of the Register of Deeds of Woke County, North CaroW a, or othetvrise, ~ I CURVE CHART u shown below and as such, has (have) the right tc convey the CUR' CURVE RADIUS ARC CHORD CHORD BRG. property in fee simple, and that the dedicator (s) w W warrnr,t and ~ C1 defend the title against the lawful clakns of all pets orrs whomsoever ~ Q C2 C1 25.00' 37.61' 34.16' S42°06'33"E unless excepted herein and that by submission of tl ds plat or map 0 ~ ~ C2 290.00' 25.84' 25.83' S03°31'51 'W ~ o C3 for approval I (we) do dedicate to the City of Ralei gh for public use p oil streets, easements, fights of way, parks, and gr. rnways (as 'O ~D ~ C4 C3 30.00' 24.28' 23.62' S29°14'16"VII C4 45.00' 53.52' 50.42' S18°20'50"W these interests are defined in the code) and as the s tine spay be A~ ~ C5 C5 45.00' 34.36' 33.53' S37°3b 50"E shown thereon for all lawfW purposes to which the afy Inrlx devote 'y Q ~ ~ C6 or allow the same to be used and upon acceptance I hereof U u'° o ACREAGES C6 45.00' 39.78' 38.49' S84°47'26"E C7 accordance with aBgyt policies, ordinances, re aHons o* con- 2 ~ ~ (20' SANITARY SEWER EASEMENT) C7 45.00' 26.91' 26.51' N52°45'31 "E dltions of the City of Ralei h for the benefit of the ubflr ' ! p'ro ? ~ll+ {CITY OF RALEIGH) 1: 924.21 SQ. FEET ~ C8 g a ,sou S, dedication shag be irrevocable: provided, any dedi.ation ofease- '1r gyp. ~y ~ ACRE ~ C9 CD C8 45.00' 22.82' 22.57' N21°06114"E v?. C9 45.00' 35.59' 34.67' N16°04'34"W oR o.021 s menu for storm drainage are not made to the City of Roleigh but s, C10 are irrevocably made to the subse vent S LOTS T+~TAL C10 30.00' 23.48' 22.87' N16°19'15"W a R=45.00' 2. 760.05 SQ. FEET. q owners of ~ a,y and all '9, ~ ARC =10.08' 15 properties shown hereon for their use and benefit subjeM to +Pi,; S rS ~ CHD. =10.06' OR 0,017 ACRES. C12 C11 335.00' 29.85' 29.84' N03°31'54"E crnc-n-ditioruc of subsections (b), (c}, (d), and (Q of Section 1 and /y pp, ~ CHD.BRG. = N63°28'16"E t 1 JCIti K 5¦ R on4o 5 A R f the City Storm Drainage Policy". (Ru~solution ~ R = 45.00 C12 25.00' 40.93' 36.51' N47°53'28"E C13 25.00' 38.05' 34.48' N41°35'50"W 3: 629.32 SQ. FEE t ~ ,3 1970-742 as the same may be from time to time am, ended). ~p , ARC =10.13' Book No. Page No, Signatureof~ w 'p 'i CHD.=10.11' 4.679 ACRES IN LOTS oR a.o1a ACRES. C15 35.00' 2G.41~ 26:25' N24"01'66"E ry ~ ~ / CHD.BRG. 7fi°20'10"E C15 7°7e ~:ryc ~ 1.006 ACRES IN TREET c1s l / S S C16 45.00' 58.61' 54.55' N08°44'47"E ~ C17 (~1~CC-4~tt C.. %U440f s ~~',1 ~ S23°44'25"E - 52.01' C17 45.00' 55.52' 52.07' N63°54'34"W C18 45.00' 58.41' 54.39' S43°33'49"W 6 C18 s 9 „ ° , „ _ 13 587.46. SEQ. FT. AVERAGE LO I SIZE ,~,0oh6E N65 3015E 5.00 1 C19 C19 45.00' 38.03' 36.91' S17°49'46"E li?a, C couNTY NoRT 2° ~ , HCAROLINA 5 ° 11045.48 S0. FT. MIN. LOT SIZE c2o S24 29 45 E - 30.00 1 Cat C20 35.00' 26.91' 26.25' S20°00'59"E I, A NOTARY' PUBLIC OF THE CUNT 'AND STATE AFORESAID CERTIFY THAT~~~ S65°30'15"W 30.00'- ENTER OF WET WELL Ce1 25.00' 40.49' 36.21' S48°24'07"W PERSONALLY' APPEARD RF.FORE MF. T}fIS D.1Y AND ACKNO]i'LEDGED THE EXECUTION OF THE FOREGOING LOT #5 {30' X 30' UMP STATION EASEMENT) REVISIONS INSTRUMENT W ¦ ~ D I IT 1.d NES 1 I S. 1] 1 HA, N D AND SEAL THIS ~ I ~ DAY OF b ~:f; ,'1'196• 'Z pp o IN5 Irvin A. Staton, P.L.S. ' SCALE =1" = 70' (INSET SHOWING OPTION AREA) ~ )SING 801 Old Dogwood Lane, Knightdale, N.C. 27545 NOTARY' PUBLIC I Irvin A, Sta o Pr d3- Q Office (919) 266-6833 Home & Fax (919) 266-4516 bIY COMMISSION E\PIRES OD t n, ofessionai Land Surveyor #L• 1295, hereby certifyto ` one or more of the following as indicated by an "X", - 3 D ' Z.- O~ f' TOWN H/P: C a.This ~ 2E(/, S LEESVILLE OUNTY WAKE s rvey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates r DATE _5" Tvi- y zoe SURVEYED BY ,TA s, F/EL D BOOK parcels of land. Z ~ 0 Z7 ~'Q STATE . NORTH CAROL lNA SCALE. S-O' DRAWN BY 1.1q.-57 - a~ DRA WING NO, a Recorded rn Book of Maps _Vol. _ Pg. ` . Professional Land Surveyor pate SCALE ZONE • R _ 4 TAX MAP : PARCEL : NOTED NOTED CHECKED CLOSURE By: S-87-97 & R-157-0 & STC-12-00 A PORTION OF p,p it. JONES ATE RO IF JAMES ESTG 346 N • 360 W .80 5 ) Q~. I.N. 0778.04 p ~g14, (P. a FORMERLY LOTS # 8 9,10 ,11 AND WELL LOT # 1. OM , 0 ' Sti0 6 044 LOT #59 F tr DOP 1~Z' AIR W P , 8q ~ 9 IA 13,8641.- - NK ~ ~0 _ 0.00 0 s 0~ ~ OR o '03 E 67 , 138 64'x,.. I r N rvi: c. N00 5 (5012) fi' 11o 17 w ENT 0~ 84.51) Z EASEM 1J ~ W INANE I Z iWrn Aw ox ~o W RIVATE DRA (85:00) N J EXtSTIN~ 10 F 6 ~ ° l .3a) 09.36') y N LOT #12 N-~ 'rn W 13,380.67 SQ. FT. -4` U, W (BOM 1974, ~ ~ o 00 OR 0.307 ACRES -0 o N O SYLVAN LANE ? 7' _ ~ j w 'p 109.5...E I F / t) NEAL BOA _ N y a 0 0 ',0 0 0 0 /y s~as~ rn w70 9r ~rn F2~~ o r- .Z! z - 0 to ~ T #8 ~ t0 11770.42 S a N ~ N m ~ ~ ~ 0 w . I LO FT. o CRES ~ ~ o O 1 as O ~ . ~ F ~ N ` a 11,286.93 SQ• o OR 0.270 A ~ o .a ~ vs o woo U g (p o _ w LOT #7 0.259 ACRES ~ y y ~ m 83 SQ. FT. OR ~ ~ w I D to w z ,.i 12,714. ~ \ A c ~ p 00(0 z v 0 D N G7 fil ~ a ACRES ~ I ~ I OR 0.292 ~ \ ~ m m -n N LIVE OAK TRAIL +P y -i y ,.1 /SSA / 40 T C D D ~ I I ~ ~ N ' ~ w DRIVE ,I d+ ~ -t ~ ( I IHGWO®~ ~ S3~o ~ v N ~ (5500 (5501) G c.78 I m v D rn rn G) U) sPR = z 3~s , (Sgr3 , O W 1 tiy, ) c 1 s2.03 62.03' COU ,Rf Not-35'52"E I i N A rn 62°00'29"W LAST OAK 47.99' W z z - • ~ 1 ~ o (542 ) ~ , g„W w ~ o°' c4 N \ 7 sa2 00 2 p ~ w 541) 4 ~ ~ V1 / lTY P b N ( ~ 49.1 ) C N M A -n y ,h ch ~ 4 .15' ~ 1 20' cn o~ „ p z O 20' CITY OF RALEIGH r" ~ - FOF ~ LOT #31 ~ C ou°s9'o3 W MAIN EASEMENT o o vi SEWER FORCE ' c17 I o _ _ G ~ d S06°05'ZO"W C2 S SEWER LEGEND m ~ Z T 2 R U CO _ o ~ K #6 OA „ THIS MAID IS A _ LoT $T - ~ LyA ~ o ' ~ ~ 1- . FT. ~ -20 CITY OF RALEIGH _ 02 00 29 E Lines Surveyed Q+ - 11 385.07 S(l p - t N 102°00'29"E C1S oa% V G (VISION OF • ~ a ~ cs T LIC ~ • , _ _ _ _ _ _ R~-BUBO N ES SEWER EASEMEN pU'~ .ss Lines Nat Surveyed ~ m . ~ ,261 ACR 45 , „ ~ ~ ss. o ~ o x t o y OR 0°59 03 E 0 to w~ 5504) ss 6(5504) . \ fl V~ C`16 N EIP - - - - Existin Iron Pie N. NU (NBERS e~ o , \ No ~ a v t 9 P P• I ~ N a a NOS 0520E C11 ? O Control Corner ~ ~ , f / G'14 53,37 ~i ~ z E _ _ _ 0778A4 90 6343 I- ~ z • ~ 0~ - -73 :T4' ~ a DjTC CM Existing Concrete Monument v O 7 l j"j ` DITCH NIP - - - New I m A a', a / 9 DITCH ~ dd O , ton Pipe 4191 N G , d ` ~ C JI " 0778.04 90 N o ~ c o o M PKN - - - P K Nail '-I ~ / 8 (5416) ~ ! ~ \ _ 0778.04 90 4298 D ~ ~ I ~ ~ - ~ 5412) A ~ - ~ 01 DMD - - Double Meridian Distance w ~ ~ ~ tc r{ ~ ` R(W - - - Ri ht , w 0777.02 99 6856 FTI m < 6 ~ P sr / 5408) _ ~ N -1 0 1I ~ Ol / DB - - - - Deed Book m y1 ~ '1~~ ~ / / (1!" y ~ 0777A2 99 4869 tie _ ~ , CM - - - - Concrete Monument l7 1 y~ ~ ~ r f N I ~ ~ ~ ~O'N 0?rnt . ELS Existing Lightwood Stake - D `'[O i ~ S ~ y r ~ ~ N f ~ ~ N ~ ~ N p N R1 co !0 c 9 N .a CA W I "0 I ' d 4 (0 z Z ~ J4Q / o 0 O O o ~ • I a RD REFERENCES: ti ,4 ~ ~ ~ o RICO v ° ~ ~ r o to w. ~ w ~ 00 ~0 ~ 346. rn Z o N N. N m I M 0 Et 0 M 1974, { AG _ ~ ~ ,t~ ~ ~ w \ m I ~p A~ ~ o0 Not~7H CaRO«Na m y ~ N ° $ ~ ~ N N I D y \ ~ w w ~ { ~ - 90 W (CE 13 O M 1995, PAGE 105 v ~ ~ ~ m v y p ~ j,n COUNTY O O n ~ 'l A ~ i,..$= \ LdT~ `N p I I cn -4 ~ ~ I Dy of ~;fl p y-1 ~ N t„t ~I ~ - T~Ti~ .certify that (his gla( was drawn Z Z ~ / 0 N ~ ~ ~ • Oe y ^I ~ W ,v, under my supervision from an actual survey made under my supervisron (deed ~ Ill ~ ~ w 'i O m ~ ~ O~G P ~ O N '1P p ~ ~ o as y pn,,~. O ~ 01 0 ~ a. p,. descri t i ~ r r a 6 ~ 1~'f~ r ~ ~ ~ N ~ ~tf 0 ' p o ecod-d in Book pa e eter loner: that the ~ N . A ;'y ~ I 9 1 10 4! ti ~ ~ •I , P ATE 1 mI MEN` c' SE~ 3? r > FPPct f EA 0.02') 0 boundaries not surve ed are clea~l indicated a dr wn rr i r LOT #30 W i0 #5 ~ ? N D~~"r y y s a om nfo matio~~ found in Book LO T. I ..o A (173.54') m I = ' ~ 7.70 S4• F ~ D y ..o (173, 5 . page that the ratio of precision as calculated ~s 1 ;~~S~~1hat a ~ 18,E RES ~ n p / ~ C fhispratwaspreparedinaccordancewithGS.4'-30asamendedwirnessmyong+nal WW r. OR0.433A I ~ ~ S I- w ~ m . ,621 S04°19'42"W 270.08' \OIA D 240.08' (TO NEW LO CORNER). ` I I z signature. registration number and seal fhis~t2 day or N~ v. A D., ~ Q w y '1 / ~75 p ~ a ~ LOT #7 LOT #7 A N .36 sear o, stamp ~ a! ? c . EME lTO - REST TRAIL ~c )REST TRAIL ESTATES N IYi a o ss ~ I FO ° E , - - - a ~ cc ) r . rn S~~reyor p ~ ao NATE ,70.36 ~ N ~ to 24 PR rn ~ ~ ~ .404.20 ~ vt _ ~ i ~ °41 4 , N Reyrstration Number 504 O ~ 6s') C ° 5„ W (85 N 84 56 3 56' 35' W 125.85' S 87'09"25" E 129.00 PRELIMINARY PLAT, m W N TF R N T#12 ~ ~ 0 0 DEEDING , ..j LO 30,900 SQ. FEET OWNER ADDRESS SALES R RE ~ #29 n 0 CORDING. ~ LOT FOREST TRAIL ESTATES OR 0.709 ACRES. W. REID WRIGHT, SR. m 5436 LIVE OAK TRAIL This certifies and warrants t I hat the underelgned i! (are) the sole S 05'03'25" W 245.05 RALEIGH, N.C. 27613 owner (sl of the nrocerty shown on this map or plat and any accom I ponying sheets subject to the exceptions oo record, having acquired . 919-782-9434 I the R[pp3LtY in fee simple by deed (s) recorded in the office of the Register of Deeds of Wake County, North CaroW a, or othetwise, as shown bebw and as such, has (have) the right Ic convey the CUF CURVE CHART property In fee simple, and that the dedicator (s) w W wammt and C1 def°nd the tllle against the lawful claims of all pere ons whomsoever ~ CURVE RADIUS ARC CHORD CHORD BRG. Cl 25.00' 37.61' 34.16' S42°06133"E 0 ~ C2 unless excepted herein and that by submission o[tlds plat or map ,p C2 290.00' 25.84' 25.83' S03031'51' W for approval I (we} d° dedicate to the City of Ralei;h for public use O C3 all streets, easements, rights of way, parks, and gnxmvays (as O ~O ~ C4 C3 30.00' 24.28' 23.62' S29°14'16"W these Interests are defined in the code) and as the sane maybe >i~ tl' C5 C4 45.00' 53.52' 50.42' S18°20'50"W shown thereon for all lawful purposes to which the City p`gy devote '1' Q . T~ or allow the same to lie used and upon acceptance I hereo[ln ~ AG C5 45.00' 34.36' 33.53' S37°35 J0"E C6 45.00' 39.78' 38.49' S84°47'26"E REAGES: C6 ~ d, ~ C7 accordance with all ~ policies, ordinances, re ations con- 'L ~ (20' SANITARY SEWER EASEMENT) C7 45.00' 26.91' 26.51' N52°45'31 "E dltions of the City of Raleigh for the benefit of the ,ubll,: said 'ro e~ lJt ~ (CITY OF RALEIGH) 1: 924.21 Sni .FEET C6 dedication shah be irrevocable; provided, any dedication ofease- 'L ~0, ~y C8 45.00' 22.82' 22.57' N21006'14"E ~ C9 OR 0.021 ACRES. menta for storm drainage are not made to the City of Raleigh but ~Q° ,'Ss C1t7 C9 45.00' 35.59' 34.67' N16°04'34"W C10 30.00' 23.48' 22.87' N16°19'15"W a R=45.00' 2. 760.05 SQ. FEET are irrevocably made fo the sub uenf s L TS TOTAL C11 seq owners of ; a,y and all ,9, ~ ~ ARC =10.06' 15 0 yroperties shown hereon for their use end benefit s object to Qd; 'S CHD. =10.06' OR (].017 ACRES. C1 i C11 335.00' 29.85' 29.84' N03°31'54"E conditions of subseMtons (b), (c), (d), and (f) of Section 1 and !y ~Op, ~ ti, CHD.BRG. = N63°28'16"E T C12 25.00' 40.93' 36.51' N47°53'28"E Sects ~ R on4oft ~ V he ARE City Storm Drainage Policy". (Ri~solutioo \ R = 45.00 3: 629.32 SO. FEE t c1< 1970-742 as the same may be from time to time amanded} p ~ , ARC =10.13' C13 25.00' 38.05' 34.48' N41035'50"W Book No. PageN'o, Signature ofp~ rD '0 ~ ' CHD.=10.11' 4.679 AGRES IN LOTS oR o.o1a ACRES. C15 35.00' 2&.41' ZG. zs' N24°o%5G "E ~ 0, / CHD.BRG. 76°20'10"E Cl. ~o7a Gov f 1 E c1i C16 45.00' 58.61' 54.55' N08°44'47" E a 4 / .006 ACR S IN STREETS •7 f O C17 C17 45.00' 55.52' 52.07' N63054'34"W ~yct-hW G. l a_ c•a_ 54 ~R6'J ~ ~ ~ S23°44'25"E - 52.01 C1E 9 „ ° , „ _ 13 587.46, SQ. FT. AVERAGE LO ~ SIZE Ay9oy6E N65 3015E 5.00 1 C1! C18 45.00' 58.41' 54.39' S43°33'49"W (~ct, e couNTY N'oRT ti°~ „ , ~ HCAROLINA 5 ° 11045.48 SQ. FT. MIN. LOT SIZE C21 C19 45.00' 38.03' 36.91' S17°49'46"E C20 35.00' 26.91' 26.25' S20°00'59"E 524 29 45 E - 30.00 ~ I, A NOTARY PUBLIC OF TIfE CUNT 'AND C 1 sTATEAFORESA?ncFRTIFYTHAT~d ` 565°30'15"W 30A0'- ENTER OF WET WELL aB C21 25.00' 40.49' 36.21' S48°24'07'9/) PERSONALLY APPF,ARD BRFORE ME THIS D.1Y AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING LOT #5 (3g' X 30' UMP STATION EASEMENT) REVISIONS INSTRUMENT WITNESS 11 ' ¦ W HAN HT B nA ~V nos EAL DAY OF C THIS ~ )N, Irvin A. Staton, RLS. ZO° TI N AREA SCALE =1" = 70' (INSET SHOWING OP 0 ) M1NG 801 Oid Dogwood Lane, Knightdale, N.C. 27545 NOTARY PUBLIC ~ I Irvin A. Staton Professional Lan d3- Q Office (919) 266-6833 Home & Fax (919) 266-4516 MY COMMISSION E.XP[RES ~ ~ DD ~ ~ d Surveyor #L-1295, hereby certify to ` one or more of the following as indicated by an "X", - 3 O ~ Z.. O~ P rowN H~P~ . a. This surve createsa su 2 E(/, S LEESVILLE COUNT)' WAKE y bdwision of land within the area of a ~ S, DATE , 57- ,Tvi. y Z,ob a SURVEYED Bf . ")'~J•s, F1 EL D BOOK county or municipality that has an ordinance that regulates t r parcels of land. Z s ~ 27 DQ STATE . NORTH CAROL /NA e _ws SCALE. / so ` DRAWN BY. R • MA WING No. d p g _ " Recorded rn Book of Ma s Vol. P . Professional Land Surveyor Date SCALE ZONE: R.4 TAX MAP: PARCEL : NOTED NOTED CHECKED CLOSURE BY: /-,q• S-87-97 & R-157-0 & STC-12-00 I f N00'59'03"E 670.00' V I C I N I TY MAP (NTS) ~o 2 ,,dA~ WELL SITE 1S ,y1 1$ 1 ~f~ P a DWELLING r 'cP. e'er p6 95 O ct~' ~ a C-N SEPTIC i Lf TANK Z ~ V ` O uo O ply V ~ TOP OF BANK ~ 4/dR V Bµ fU Cn / C4 ~ i . w V o G EX. MH. 8 AT PUMP STATION S CRC RIM EL.=93.45 ~ LLL 0 EX. FES RIM EL.=91.8 G 11 \ i 8 VERT 1 CAL DATUM 15 ASSUMED o 12 S04' 19'42" V S04' S04'19'42"W 220.pg ,lZ'b~£ 3„9~~L~~~OS PAVEMENT X. M H. WIDTH=20~ RIM EL.=100.00 7 TOE OF SLOP I 0 13 f I HEREBY CERTIFY THAT THESE DATA' WERE COMPILED FROM J(j(j~ I ACTUAL FIELD LOCATfONS BASED ON RELATIVE POSItfON1NG WfTH PROPERTY MONUMENTATIOfd FOUND, NO ATTEMPT WAS 1_. MADE TO LOCATE ANY ENCROACHMENTS IF ANY, AND THIS DRAWING DOES.~Qr REPRESENT A BOUNDARY SURVEY BY _ THIS FIRM, r ` yy 50 0 50 100 150 l N CAIN _ 1STF'•• . G 9 FO SERI s = i - _ Scale 1" 50 1-2813 € - M l~. . ~ ~ d ice" /H ~ vii a - ti CD REGISTERED LA SURVEYOR ~ REF RENO S ~ 1d~.5 Cr. E E ~ ES IRP~ ~U yin R. P a~~"~ N AJd d cf) nnnuuun l l ~ ~'0 , ~i`i~ t !~l ~ ;c~/•tYr¢ BOOK OF MAPS 1974 PAGE 346 '~f .-r G~~~rz~~'~. LEGEND DATA LOCATED LOCATION MAP COMM SURVEMG RESOURCES CENTERLINE CREEK E. I . P. EXISTING 1 RON PI P;E REGISTERED LAND SURVEYORS WELL HOUSE S. 1. P. SET IRON PIPE ~ 3701 NATIONAL DRIVE SUITE 110 DELL I NG ON LOT 9 I ) F! ELD MEASUREI~NT RALEIGH, NORTH CAROLINA 27612 MfWHOLES -x- FENCE rs (919) 787 - 0900 q' RCP UP UT! L I TY POLE DATE: 9-29-97 DRAWN BY L 1 VE OAK TRA I L RAL.EI 6tf, WAKE GOlINTI', NORT~i Gr'tIZOL I NA 'OL 1 NA GALE: I " =50' DWG NAME:=TG PIN # i' 1 OF 1 F i ~ i I I i N00'S9'03"E 670.00' VI GINITY MAP NTS - o 0 ~-r ~h. ~5. WELL SITE Q r~1 ~ DWELLING DWELLING "AWE . g 6• I~ a~ ~ 'w. a 4 `b'` . ~ fl l SEPTIC SEPTIC ~ TANK TANK ! ~ ~~:a Z y. 0 v o a 0 ~ TOP OF BAN ~ K ~ - r1; • . FREE , , - - w i W i p~ o EX. MH. • C. AT PUMP STATION ~MALtC~ RIM EL.=93.45 CREEK EX. FES 9 RIM EL.=91.8 11 ~ ' 8 VER:'T 1 GftL DATUM 15 ASSUMED - 12 S04' 19'4 S04' 19'42 "W q 304'19'42"W 220.09' lZ'~5£ 3 gq,Lb.tiOS PAVEMENT WIDTH=20' EX. MH. RIM EL.=100.00 I TOE OF SLOP[ 13 1 HEREBY CERTIFY THAT THESE DATA" WERE COMPILED FROM ACTUAL FIELD LOCATIONS BASED ON REfATNE POSITIONING WITH PROPERTY MONUMENTATION FOUND. NO ATTEMPT WAS I MADE TO LOCATE ANY ENCROACHMENTS IF ANY, AND THIS P NT A BOUPIDARY SURVEY BY ~ - DRAWING DOES NCI RE RESE THIS FIRM, _ 50 0 50 100 150 N CAR qty 0,. j .,~9 ~1S fq Fp? = SEA _ L Scale 1" = 50' L-281 a~: ~ mot- drv h/~:~ T Si ~ 3 ~ ~ fir. ~.y o REGISTERED LA SUhVEYOR REFERENCES ~ R. P~~~~~I~' til~tJ / If r°°°11111 BGt~K OF MAPS 1974 PAGE 346 r t~H r1 ~'~'"N', # ATED LEGEND LOCATION MAP DATrg LG~ COMBINED SURYUNG RESOURCES REGISTERED LAND SURVEYORS CENTERL 1 NE CREEK E. i , P. EXISTING IRON PIPE 3701 NATIONAL DRIVE SUITE 110 5. I , P. SET 1 RON PIPE WELL HOUSE RALEIGH, NORTH CAROLINA 27612 DWELLING ON LOT 9 ( I FIELD hfEASURENIENT (919) 787 - 0900 MANhaES - x-- FENCE 4' RcP uP ur l L 1 rr PaE DA i L I vF oAK rrzA l L DATE: 9-29-97 DRAWN BY CALF: 1 " =50' DWG NAME: FTC r~L>= I CI-I ccuHrr NoRrr~ cAleoL I NA c~ PIN # 1 OF 1