20050369 Ver 1_Complete File_20050223

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality

September 2, 2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

;~C(j5 03~ 1

Mr. Mattias M. Gould
River Estates, LLC
7700 Kencot Court
Raleigh, NC 27615

Subject:

Notification of Residents
Neuse River Riparian Buffer Requirements
River Estates Subdivision
River Estates Drive
Knightdale, NC 27545
Wake County

Dear Mr. Gould:

I have been provided a copy ofa letter dated August 29,2005 from your attorney, Nelson G.
Harris of Harris Flanahan and Hilton, P.A. to Robert 1. Gaudier, a resident in the River Estates
subdivision (9005 River Estates Drive). This letter states that based on the date of your purchase of the
property in River Estates, you were not considered a "New Owner" and therefore there was no
requirement for River Estates, LLC to give you notice regarding the presence of the Neuse River Riparian
Buffers. The referenced paragraph 2 of the Minor Variance Approval refers to the sale or transfer of the
common property containing the buffers, which is currently owned by River Estates LLC.

During a meeting at our office on January 4,2005, one of the issues discussed was that you
needed to inform all prospective purchasers of the affected units (e.g. units which encroached on the
Neuse River Riparian Buffer) about the presence of the buffers. In that meeting, you agreed to do so, and
were provided copies of the Riparian Buffer Fact Sheet for distribution. In addition, the Notice of
Violation dated January 21, 2005 included the following paragraph:

"In addition, all residents of River Estates, LLC who live in units along the Riparian Buffer
should be informed of the buffer rules and the restrictions associated with activities within the
buffer. During our January 4,2005 meeting, you were provided with a Fact Sheet that can be
distributed to the residents".

Let me clarify this issue. DWQ approved a Minor Variance for impacts to Neuse River Riparian
Buffers which occurred without securing a permit or authorization from DWQ. The variance is for 1,382
square feet of Zone 2 impacts, which consist of decks and some building footprints. DWQ's intention
was for the prospective purchasers of units in River Estates to be aware, in advance of purchasing the
property, of the existence of and restrictions associated with the buffers, in order to prevent a resident
from clearing vegetation or otherwise further impacting the riparian buffer.

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

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phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Mr. Matt Gould
River Estates
Page 2 of 2
9/2/2005

Therefore, in order to comply with the January 1,2005 Notice of Violation, you were required to
provide information about the existence of the buffer to all prospective purchasers, regardless of when
they purchased the property. The "New Owner" issue presented in your attorney's letter is not applicable.

I would like to further clarify this issue, in order to ensure that the riparian buffers are protected.
You must ensure that all owners/occupants of Lots 5 - 12 within the River Estates subdivision are
presented with a copy of the Neuse River Riparian Buffer Rules Fact Sheet, as well as a copy of the
Minor Variance approval letter. These notifications must be completed within 10 days of your receipt of
this letter. It is also requested that you respond, in writing, to this office within 20 days of receipt and let
us know the status of the above notification.

In addition, I wish to reiterate the need to comply with the items presented in my August 25,2005
letter related to maintenance of the vegetation in the riparian buffer.

Thank you for your attention to this matter. Failure to attend to these matters promptly will result
in the issuance of another Notice of Violation and the forwarding of a recommendation for enforcement to
the Director of the Division of Water Quality. Your response to this correspondence and your prompt
corrective action will be considered in this process. Please note that violations of the Neuse River
Riparian Buffer Rules are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact Eric Kulz or myself at
[phone].

m&l@/11UW@@

SEP 9 2005

sinciDd

~ Schuster
Water Quality Regional Supervisor

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cc:

Debbie Edwards - 401lWetland Unit
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
Keith Gifford - Town of Knightdale
RRO - File Copy
Central Files
Robert Gaudier - 9005 River Estates Drive, Knightdale, NC 27545-7339

Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

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NCDW

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

I

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, r.E. Director
Division of Water Quality

July 7,2005

DWQ Project # 05-0369
Wake County
I Page 1 of 3

Mr. Mattias M. Gould
River Estates, LLC
7700 Kencot Court
Raleigh, NC 27615

Subject Property:

River Estates Subdivision
River Estates Drive
Knightdale, NC 27545

Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b) ]

Dear Mr. Gould:

\
\

You have our approval, in accordance with the conditions listed below, to impact approximately
1382 square feet (ft2) of Zone 2 of the protected buffers to construct 11 townhouse units at the
subject property as described within your variance request dated February 21,2005, and received
by the Division of Water Quality (DWQ) on February 23, 2005. A Request For More
Information letter dated March 9, 2005, was then sent to you. This letter shall act as your
Minor Variance approval as described within 15A NCAC 2B .0233(9)(a). 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 and other 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. Additionally, please be advised that we have forwarded a copy
of this approval to Mr. Danny Smith, Supervisor of the NPS Assistance & Compliance
Oversight Unit within the Division of Water Quality.

The Additional Conditions of the Certification are:

1. No Zone 1 Impacts

No impacts (except for the proposed 1382 square feet (ftz) impacts within Zone 2 and

"exempt" uses as identified within 15A NCAC 2B .0233(9)(b)) shall occur to Zone 1

N2ImCarol i na
401 Wetlands Certification Unit .Nfltllmll!!
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard. Suite 250, Raleigh. North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: http://h2o,enr.statenc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I 0% Post Consumer Paper

River Estates, LLC
Page 2 of 3
July 7, 2005

-\

of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaces shall be added to Zone!, unless otherwise approved by the DWQ.
2. Buffer Mitigation [Ecosystem Enhancement Program (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 1382
square feet as required under this variance approval and 15A NCAC 2B .0233(9)(b). We
understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC 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(9)(a), 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 - Wetlands Restoration Program
Office), no impacts specified in this variance approval shall occur. Ms. Suzanne Klimek
should be contacted at [phone] if you have any questions concerning payment
into the EEP. For accounting purposes, this variance approval authorizes payment
into the Riparian Buffer Restoration Fund to compensate for 2073 ft2 of required
riparian buffer mitigation for impacts to 1382 ft2 of protected riparian buffers of the
UT to Mango Creek [03-04-02,27-32, C NSW (""~trient sensitive)].

The DWQ will also accept an alternative method of initigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ
Wetlands/401 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).

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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

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

I

River Estates, LLC
Page 3 of 3
July 7. 2005

27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall e;<pire 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)(a)]. Please call Ms. Debbie Edwards
at [phone] if you have any questions or require copies of our rules or procedural
materials.

Sincerely,

A WKlijm

r

OrJ j~

Alan W. Klimek, P.E.

cc: Eric Kulz, DWQ Raleigh Regional Office
Danny Smith, NPS Assistance & Compliance Oyersight
Suzanne Klimek, EEP, Director of Operations II
File Copy
Central Files

OOX'\NAil:IYO

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~~

Michael F. Easley. Governor

William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek. I'.E. Director
Division of Water Quality

July 5, 2005

DWQ Project # 05-0369
Wake County
Page 1 of 3

Mr. Mattias M. Gould
River Estates, LLC
7700 Kcncot Court
Raleigh, NC 27615

Subject Property:

River Estates Subdivision
River Estates Drive
Knightdalc, NC 27545

Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]

Dear Mr. Gould:

You have our approval, in accordance with the conditions listcd below, to impact approximately
1382 square fect (fe) of Zone 2 of the protected buffers to construct 11 townhouse units at the
subject property as described within your variance rcqucst dated February 21, 2005, and rcceivcd
by the Division of Water Quality (DWQ) on February 23,2005. A Request For More
Information letter dated March 9, 2005, was then sent to you. This letter shall act as your
Minor Variance approval as described within 15A NCAC 2B .0233(9)(a). In addition to this
approval, you should obtain or otherwise comply with any other rcquircd fcderal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control and other 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 scnd 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 ~..~spon~ible.~. o. r comI'J~ingw. it. h ~1l..conditiO~!'.~}'hiS 9ppro,val req~ircs you,to,roll?}V> ';"" '.',:
anyconditlOnsltstedqclow. I' (jIC:){ (J~., c,'('/J:, ';,..' "; 1..,.. ,~). "',..(

~heClid'lion~;lcon1i~i~s:\ \~~; ;fo ,. -. .. .

1. No Zone 1 Impacts

No impacts (except for the proposed 1382 square feet (ft2) impacts within Zone 2 and
"exempt" uses as identified within 15A NCAC 2B .0233(9)(b)) shall occur to Zone 1
of the protected riparian buffers unless otherwise approved by the DWQ. No impervious
surfaccs shall be added to Zone 1, unless otherwise approved by the DWQ.

On, l'
No};hCaro lIla
;' Iltllm//!/

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternel: http://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Rivcr Estatcs, LLC
Pagc 2 of 3
July 5, 2005

2. Buffer Mitigation [Ecosystem Enhancement Program (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 1382
square feet as required under this variance approval and 15A NCAC 2B .0233(9)(b). We
understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC 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(9)(a), 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 - Wetlands Restoration Program
Office), no impacts specified in this variance approval shall occur. Ms. Suzanne Klimek
should be contacted at [phone] if you have any questions concerning payment
into the EEP. For accounting purposes, this variance approval authorizes payment
into the Riparian Buffer Restoration Fund to compensate for 1382 ft2 of required
riparian buffer mitigation for impacts to 1382 ft2 of protected riparian buffers; 03-
04-02,27-43-(1) river and subbasin."

The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ
Wetlands/401 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).

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/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.

Rivcr Estatcs, LLC
Pagc 3 of 3
July 5, 2005

This letter completes the review of the Division of Water Quality under the Neusc River
Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(a)]. Please call Ms. Debbie Edwards
at [phone] if you have any questions or require copies of our rules or procedural
materials.

Sincerely,

Alan W. Klimek, P.E.

A WKlijm

cc: Eric Kulz, DWQ Raleigh Regional Office
Danny Smith, Violations, DWQ Central Office
Suzanne Klimek, EEP, Director of Operations II
File Copy
Central Files

" ~....." ..' """:- ,

Date: . ~~k2j DtJ

Triage Check List

P~oje6tName: 2V01 ['7 '/aks slc/J
DWQ#: . 0 ~--=- () 5b 7
County: wrJL~

To:

O.ARO
o FRO
o !v.1RO
, ~ RRO

~ 7:Mj

Kevin Barnett
Ken Averitte
Alan Johnson
Mike Horan

'0 WaRO
o WiRO
o WSRO

Tom Steffens and Kyle Barnes
Noelle Lutheran
Daryl Lamb

From:

Telephone: (919) 73:S c;b l(t.,

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The file attached is being f?rWarded\~~~ur f~ryour eyaIuation.
. Please call if you n~ed\aSs\~~e. .

o stream length impacted \ .
o Stream dete~ation '\ '.
o Wetland determination and distance to blue-li~ surface'waters on USFW topo maps'
: 0 Minimization/avoidance issues
~ B~er Rwes (Neuse, Tar-Pamlico, Catawba, Randlem~)
tJ . Pond fill
D' Mitigation Ratios
o Ditching .
. 0 Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the appliqation consistent with pre-application meetings? .
D. Cumulative impact concern" .

. 'e,

, ,~ ..

Comments:

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"

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Eric Kulz
K Sr.hllstPr

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name River Estates Subdivision
Project Number 05 0369
Recvd From APP

County Wake
County2
Region Raleigh

Received Date 2/23/05
Project Type Subdivision

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I NBRO I Buffers I@Y ON I I 27-32 r-c-I NSW 130,402. I 0.031
I I IOY ON I I r--I I I 1

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON

Recommendation: 0 Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:

5/26/05 I have been out to this site, issued a NOV. and worked with the owner to do the
after-the-fact variance application. All gutter downspouts have been routed outside the buffer with
the exeption of several downspouts from small roof sections which spill onto decks No other issues
on this one I recommend approval of the minor variance. EWK.

cc:

Regional Office
Central Office

Page Number 1

05-0369 Rivcr Estatcs

Subject: 05-0369 River Estates
From: Eric Kulz <[e-mail]>
Date: Wed, 29 Jun 2005 07:58:59 -0400
To: Ian McMillan <[e-mail]>

T~n.

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Eric Kulz
K Sr.hllstp.r

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Project Number 05
Recvd From APP
Received Date 2/23/05
Project Type Subdivision

0369

County Wake
County2
Region Raleigh

Facility Name River Estates Subdivision

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I NBRO I Buffers IC!> y ON 1 I 27-32 rei NS\V 130,402. 1 0.031
I I IOY ON I I r--I I I I

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON

Recommendation: 0 Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:
5/26105 I have been out to this site issued a NOV. and worked with the owner to do the
after-the-fact variance application All gutter downspouts have been routed outside the buffer with
the exeption of several downspouts from small roof sections which spill onto decks No other issues
on this one I recommend approval of the minor variance EWK

cc:

Regional Office
Central Office

Page Number 1

05-0369 River Estates

Subject: 05-0369 River Estates
From: Eric Kulz <[e-mail]>
Date: Wed, 29 Jun 2005 07:58:59 -0400
To: Ian McMillan <[e-mail]>

Ian:

Ditto my last request. What is up with this one? the client has been asking me.

Eric

Eric Kulz <[e-mail]>
Environmental Specialist III
Surface Water Protection
NC Division of Water Quality

1 of 1

6/29/20058:12 AM

DWQ# ()6=-- [) 3b CJ

3 !~/oS-

I

f)crY ~

Date

Who Reviewed:

Plan Detail Incomplete

o
o
o
criL
o
o
o
o
o
o
(9l
o
o
o
o

Please provid'e a location map for the project.

Please show all stream impacts including all fill slopes. dissipaters. and bank stabilization on the site plan.

Please show all wetland impacts including fill slopes .on the site plan.

Please indicate all buffer impacts on the site plan. 1-A~Q\ ~']

Please indicate proposed lot layout as overlays on the site plan.

\Il
:( l. (\ '2 O\~ 2- OV\ .~
J{f)~ ~ ~ 'f4~ .

Please indicate the location of the protected buffers as overlays on the site plan.

Please locate all isolated or non-isolated wetlands. streams and other waters of the State as overlays on the site plan.

Please provide cross section details showing the provisions for aquatic life passage.

Please locate any planned sewer lines on the site plan.

Please proYide the location of any proposed stormwatermanagement practices as required by GC
Please provide detail for the stormwater management practices as required bytJc- ~

~~~

Please specify the percent of project imperviousness area based on the e~~mated built-out conditions.
\.

Please indicate all stormwater outfalls on the site plan.

\
\,
\
\'

Please indicate the diffuse flow provision measures on the site plan.

Please indicate whether or I10t the proposed impacts already been conducted.

A voidance and/or Minimization Not Provided

I:,

o The _labeled as _ on the plans does not appear to be necessary. Please eliminate the _ or provide adPitional .
information as to why it is necessary for this project. ;.

o This Office believes that the _labeled on the plans as
. Please revise the plans to avoid the impacts.

can be moved or reconfigured to avoid the impacts to the

o This Office believes that the _labeled on the plans as
. Please revise the plans to minimize the impacts.

can be moved or reconfigured to minimize the impacts to the

o The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.

Other

o The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . TIlls additional fee must be received before your ap~lication can be reviewed.

o Please complete Section(s) on the application.

o Please provide a signed copy of the application.

o Please provide _ copies of the application. _ copies of the site plans and other supporting information.

Mitigation

o of compensatory mitigation is required for this project. 'Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.

o Please indicate which 404 Permit the USACE would use to authorize this project.

~/

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LN\ci l CDJ-zd I

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

March 9, 2005

DWQ Project # 05-0369
Wake County
Page 1 of2

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

River Estates, LLC
Attn: Mattias M. Gould, Managing Partner
7700 Kencot Court
Raleigh, NC 27624

Subject Property:

River Estates Subdivision
UT to Mango Creek [03-04-02, 27-32, C NSW (nutrient sensitive)]

REQUEST FOR MORE INFORMATION

Dear Mr. Mattias:

On February 23,2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your
Minor Variance Request dated February 21,2005 regarding your request for a Minor Variance
from the Neusc Buffer Rules (15A NCAC 2B .0233) for the subject property. The Division of
Water Quality (DWQ) is required to prepare a "preliminary finding" /"finding of fact" as to
whether the variance request meets the requirements of 15A NCAC 02B .0233(9)(a). The DWQ
may attach conditions to a variance approval that support the purpose, spirit and intent of the
riparian buffer protection program. Conditions usually include stormwater management and
buffer mitigation.

Additional information will be required before we can proceed with the review of your variance
request. Therefore, unless additional information is provided as described below, we will have
to move toward denial of your request per 15A NCAC 2B .0233 and will place this project on
hold as incomplete until we receive this additional information.

Additional Information Requested:

1. Please indicate all buffer impacts on the site plan including Zone 1 and Zone 2.

2. Please provide detail for the stormwater management practices as required by the Neuse
Riparian Buffer Rule.

3. Please submit documentation as to when the 20' public sewer easement was constructed.

N$IiliCarolina
/\7nf/(fIlllt/

401 QversighVExpress Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: hltp://h2o,enr.state,nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper

River Estates, LLC
Page 2 of2
3/9/05

4. Please submit the county soil survey & the USGS topographic map with the property
boundaries identified.

Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Mike Horan of the DWQ Raleigh Regional Office at 919-571-4700. If
we do not hear from you in writing within three weeks, we will assume that you no longer want
to pursue your variance request and we will consider the request as withdrawn. Please call Ms.
Debbie Edwards ofthis office at [phone] if you have any questions.

S~tJr

Cyndi Karoly,
401 Oversight/Express Permitting Unit

JRD/dae

cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files

Filename: 050369RiverEstates(W ake )MiV +hold

,

I OFFICE USE ONLY: Date Received

Request #

State of North Carolina
Department of Environment and Natural Resources
Diyision of Water Quality

Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NOTE: This form may be photocopied for use as an original.

...-

Please identify which Riparian Area (Buffer) Protection Rule applies.

):i 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)

o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)

Part 1: General Information
(Please include attachments if the room provided is insufficient.)

1. Applicant's name (the corporation, individual, etc. who owns the property): & cg @ cg DWcg @
~I Vfi:.tl_ i%5~? L. L. C. FEB l!!J
2 3 2005
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: It A 711/~ J-\. G~ <--t::> \\~R:WATERQI)AlITY
Title: HA-NA6r N & .p/1-6LT~E ~ AJ.'lJSTOpJltYATERBRANCH
Street address: "/ ~ 0 c::> ~j;.N C 01 C d> L9 ~ l
City, State, Zip: p-_ L-c ( _ H, N c::. ""2- 7 b 2-.d:-
Telephone: <.91.9) "7 '3 0 - ',5> 2 S 5
Fax: L2L.2..) B A- 7 ~ J S 1_5

3. Contact person who can answer questions about the proposed project:
Name: r--z A 11 G&V L.J::>
Telephone: (JJI.9) .-"73(..'"> - 3?-5 5"
Fax: L2L2.) ~4 7 .- I 5' I 5
Email:

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
12. I II ~;L [::--- S r/(-l1,j..... S .->' l'ijl:>/ l/ (.S ; 6J ,....J .

Version 2: November 2002

..

.J

5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:

LoTS 7T 5/ G/frg/..9/IO/' (f /?-( 131/4-

IOOf, 100.5; IDO'1/&OI, .900->;':003 _9()DJ!2tJ{)';;$O{)3/~t'OI;2iVE/'..f ....
~;JIGI--lTDAL-~, N-C. 2. .:>4-5 J),...IVE.
wA\..L~ I

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):
E.A-s T' tJN I~[JJ i '-4 I" If I fM.) r 0 ODbIC: f- D {5
L.'1N\,uOOb f-D,.4N}/ LEFI AbA1N &

TJ..IEN LEFT oNTO
/::. S -A- IE S J>~ I V t=:..

7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT It> nlt-NGO r..(<....EE K
Stream classification [as identified within the Schedule of Classifications 15A NCAC 28
.0315 (Neuse) or .0316 (Tar-Pamlico)]: WE..u5E

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)

-'L
~

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 if.]:
/ I T ~lA/ ~\V I-IOtJ C;:Jc iJ N I j..) T S c... o-IJ S t/'1AJt.:A,-r.:::-;p W H I~ H -fZ.pCd.. VA C I-l
(}/U '/0 'Iff;; 130Frc,.//f.. /(.-..:ILEA rt7~t- I~Pdc( 6>F
/ 3 .is 2- $0<- FT.

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:
TH E 5 TILt) L-l. U I!-~..s f+A-u r= 8 E EAJ B u I L T /HU D A-l'2..E
Pr!..fi 5 ~.l.b:L~~.P..1l= P

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.):
ALL Do,^, N sPe U 1::> IN I LL- Be r:: I TIf-~ P.-E WLA- rrz;...D TV a. E..
Q...uI5/DE.. 'lHe. Bu'FFr;;rL A-o~6-A oiL ANYf!-uNNoFF i/V/l(...
(5'::: D, -uz c;.'lFi-{) aN Yb Iff;; Pi=: C(~ AfLt;::..-A w - -E i /-VILC- pc
!)rF()S- t=L.-I..-{/f-JA- ~ M;)/~{T oN \Jl-'--~,-;4IZ-~

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
'\ ft E U Nt T S f-/ /rv E I3 e p:.N (' D-tJ SouL LJ L'I rz-p ~.D A-vt-E
occvP/p:D

(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
,lfE PI--/J-N > tAJ ~ A- P fiZa-V lii-P /3 Y L c c.A-c.. /J-r./i7ftHL I (I G:.- S
A-N D ~ <;; (fl.A.Jc--T C/ v-1..-f?.-s w ~ B Vi L T P/~ p~ A

(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.
Tlf-E <;1/2 II L-TiJ I'-fi.-s ~ OCc. UPI IE!::::> klVC> Ufl./l>~,-
IV E-tAJ 'f9--V.J /0 f4L S H , P.

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): P-..l \/r=:-IL ~ n-J..=t"E 5 L. L . C
Mailing address: r'7 00 ~}--~~ CO\" c. t9uc.-r
City, State, Zip: __----f;.&LF= I & ~__r_~-. ?. 7p_~_,c;:J:::
Telephone: ___(.!3J~.l:230__:_--_5L'"?S $--- .
Fax:_ ..__L215>...)----a4-7-~L5..J--2:-.-n------------- ---~
Email:

------------ .-- ..----.----------------------------------.---------.

Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000

...

t

I, HA- Tn /r? M (; cru L---D (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 conforn;.ance with the approved plans and that the
deed restrictio.ns in a.ee. o..rd. ance..w., ~'th Part 5 ~.iS m will be recorded with all required permit
conditions. ~

Signature: ~~p ~ .
Date: &2 - -z- t - "Z-l?'O
Title: 1-7 A-AJ A- " I AJ (; J::> ~ ^-.J tz:Il.- '

Variance Request Form, page 4
Version 2: November 2000

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us HW'f 64

riLED FOR REGISTRATION

_' 7 -It ~ O'Z-
DATE
LAURA M. RIDDICK
REGIS'TER OF DEEDS
WM(E cOUNjY -
BY: ?1-1~ -.
ASST' DEPUTY
, .
TIME /2...' c.' I. I(

1

SURVEYORS CERllF1CA TE
I. C. GREGORy BAQEf. CERWY lHAT 1H1S PI.
UNDER MY SUPEJMSION FRON ~ ACTUAl. SUI
NY SU~SION (DEED DESCRlPllON RECOROO
PAGE 358;) THAT 1l-E RAllO ~ ~ A:
1: 20000+; lHAT 1H1S PlAT WAS PREPARE!
G.s. 47-30 AS AMENDED. WITNESS NY CRlQN,
HUMBER ANO SEAL 'THIS 10m DAY Of .lJLY. :

VICINITY MAP
SCALE : 1"=2000'

~

I. C. GREGORY BAGLEY. CERTIFY ntAT: ,.('(\ CAR 0/
h" ....... <. /
IE A. 'THIS ~ ~TES A SUOOIVlSION Of LAND VIIlHIN THE MEA <:),.- ..~G\ STEIi~.. A.
CF A COUNTY OR WUNlQPAU1Y 'THAT HAS AN ORDINANCE 'THAT ~ .~v <:() · ry
REQJlATES pARCElS a: LAND. ......l...."
o B. 1HIS SUBCMSlON IS lOCA1m IN SUa-t P<mION Of' A COUNTY = : SEAL : =
OR MUNlOPAUTY 'IliAT IS UNREOOlATED AS 10 AN ORDINANCE 'i ~ L-3025 : E=
1HAT REGUlATES pARCnS a: LAND. -;. ..<' ~:
.~~ :-\<J.."
o C. 1HIS SURVEY IS a: AN EXlSllNG PARCEl. OR pARCnS Of' L.AMD. ~. ~.P..~l\'i':.... ~ ..
o D. tHIS SUR\C' IS a: ANO'THER CATECORY. SUa-t AS 'tHE RE- ~c~rny ~~~
CCWBIHA1lON a: EXIS1lNG PARens. A COURT MOERfD ~ U\.n
OR OlHER EXCEPllON 10 1HE DEflNI110N Of suaDMSCR -HI

STQtiIERlDC

Certificote of Ownershio and Dedication. Thin horeby certifios that
the undernlgned Is (arc) the owner(s) of the property shown on this
plat. that the property is within tho subdivision regulations juriocllctlon
of the Town of Knlghtdale, that I(we) hereby freely adopt thIs plat of
subdivision. and that by submission of this plat for approval I (we)
do dedlcot.e to the Town of Knlghtdale for publlc use. except those
spccificoUy indicoted for private use. all streets, rights-of-way. parks.
open space and eascmenm shown thereon for all lawful purposes to
which the Town may dD't'Oto or allow tho sarno to be used and upon
acceptance thereof. said dedIcation shall be Irrevocable. provided any
dDdication of easements for storm drainage are not modo to the

ell.. DATA T ABl

CURVE t.fNGTH RADIUS
C18 94.9~ 230.00
C19 247.70 300.00
C20 117.90 12~OC
C21 24.12 150.OC
C22 1113.80 2OQ,OC

'--~-_."--

I OFFICE USE ONLY: Date Received

Request #

State of North Carolina
Department of Environment and Natural Resources
Diyision of Water Quality

Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NOTE: This form may be photocopied for use as an original.

Please identify which Riparian Area (Buffer) Protection Rule applies.

X 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 028 .0259)

o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 028 .0243)

Part 1: General Information
(Please include attachments if the room provided is insufficient.)

1. Applicant's name (the corporation, individual, etc. who owns the property):
P-I V fi"-{l_ ~S \7{-\~? L. L. C.

2. Print Owner/Signing Official (person legally responsible for the property and ~qQwr&~'J"
Name: II A 7T1 A~ 1-\. G t9--U L-D LS I LSlJ-- nn fr;/IPJ
Title: HA-NAt~(N& PiH1-T~EIL\YLS rn
Street address: "/ ~ 00 ~r;;..N C. 07 Cd> Lf) t:T r:E~ lJ.
City, State, Zip: ('--L '-61_ H, N C "?.. 7 b z- 4- - ~ l) t005
Telephone: (9(..9) 7'~ 0 - '32 S .3"" ~
Fax: L2J2....) e A- 7 - / S 1_5 1\ETl.ANDS~~3m~~uAL'1Y
""~TER DRN.'CH

3. Contact person who can answer questions about the proposed project:
Name: r--z A 11 c;. &V L..J::>
Telephone: (.9/9) -'7,3 (...') -..:::> ?-S- 5
Fax: L2L2J '84'7 '-1 5" I-=:;.
Email:

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
/2. I (/~;L c-- S r4LJ...;'/ ':::> -;. v .:;~t LI't S i t9,:...j

Version 2: November 2002

,

I, HA-rr7/J-? M G OV c.--D '
r t d' P rt I I ' " (pnnt or type name of person
IS e In a ,tem ,2), ce,rtlfy that the information included on this permit application form is
~orr~ct, t~~t.!he p.roJect wl~1 be co~st~cted. in c_onforll].ance with the approved plans and that the

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.):
ALL DowN sPou-y;, NILL- Be !=, T1tl::::,L- Vl-ewc.A-~ TV f?E
C>I..,,$IDE rr+e. BuFF~ ,4-..-'LIS-A oIL ANYf!-UNNtJr:==r= i.N/l<-
(5'::: DI'U?t:-';:-~ cr}.Jlb Tlft= P~C(-L AIL{~A \AI w-& iT /).JILL.. f$E
D p.-()s eL..-l r( IfJA-;:::.. r-1 ;)/~[T 0 ~ I) l-' ---r-;: 1.- Af?-~

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
\ It E U NIT S f-I /ru E 13 e. r;:-N C D-tJ t;. lfL U c:r fi=.-P frJV P A-1l-E
occvPIF=D

(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
fifE p~~ tJV - - fr PI
A-N D - S (IlA.J C:-l C/ I?-F..-s

A-v T7f-tNL I (I fi:.-
P/~ t?~.

(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.
TH-E ~ 1/1 I J c....T Ill' -fi- 's A-PLtZ- C) L' { uP i (E b kiV D U fI./ l> fi:.IL
IV E-cN .~ /0 fl-/L S N , P.

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): P-.., llfE:1L ~ '("r:J....:t'E S L. L. C .
Mailing address: -77 0 0 ~J-Z:~ C O-r c. CJ U ~
City, State, Zip: ____~.tll.,...1=-: 1 &, H-r_b:!L--. L.. 7 b z.._~k
Telephone: ____(.;;>-L:2l:73.D~0J-:S -€-, .-,---
Fax:- ___L2I.2.).-_fi4-7~L5--L?_---_u-----'-- ------
Email:

--.------.- --~ ._------_.._--------~._-----------_._.._-----_.

Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000

"

I, 1-1A- fit /M M (; o-u L--D (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 conforr1].ance with the approved plans and that the
deed restrictions in acco..rd..ance w.. ~'th Part 5 f7's m will be recorded with all required permit
conditions. ~?4

~.' .,,' 'd.' .'
Signature: ~ y::::;~
Date: tl2 - -z- I - ..z... c>-o
Title: 1-lA-A1 A- c" AJ ~ PIWU- "-JrqL,

Variance Request Form. page 4
Version 2: November 2000

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US HW'f 64

riLED FOR REGISTRATION
_.7-1'~O'Z..
DATE
LAURA M. RIDDICK
REGISTER OF DEEDS
WAAE COUN}Y
BY: ?I'f~
1\'SST I DEPUTY
,
TIME / z..' c.' I .

1

SUR~ CERl1F1CA1E
I, C. GREGORy BACUY. CERTIFY niA.
UNDER MY SUPEJMSION f'R()N AN N
MY SUPEmllSlON (DEED OESCRIPllON .
PAGE ~ 1HAT 1l-E RAllO a: ~
1: 2 i 1HAT nilS PlAT WAS
c.s. 47-30 AS AWENDED. W1lNESS I
NUWBER AND S[J,L nus 10m DAY a: .AJl.Y, ~

VICINITY MAP
SCALE: 1"=2000'

~

I, C. GREGORY BAGLEY. CERllFY nlAT: -<~ CARO/
^ '\, ....... c. /
C!?3 A. mlS SlJlM:Y ~lES A SUBOIVlSON a: LAND WItHIN 1HE AAEA <::>~...iG\ ST~~.. 4-
OF A COJNTY OR WNlCPAUlY mAT HAS AN QRCtHAHCE lHAT ~.. ~ '() ...?'
RE.QJLAlES pARa1S OF lAND. ..
o B. 1HIS SJOOMSlON IS lOCA1ED IN SUCH PamON a: A COUNTY = i SEAL : :s
OR MUNlOPAUTY lliAT IS UNREQJ1.A1ED AS TO AN ORDIAANCE S ~ L-3025 : ;:
mAT REGULAlES PARCfl,S OF lAND. ~ ..<" .D-: E
\. c .~41 :\<J.. ~ ~
o C. THIS ~ IS OF AN EXlSllNG PARCB. OR pARCELS OF LAMD. .~~ ~.p..~l\~~.... <<,
o D. nus SUR\Ff IS a: ANomER CAlEGORY. SUCH AS 1HE RE- '~C(..'~y 'O~~
ca.lBlMAllON OF EXISllNG PARens. A COURT ORDERED SUJM:Y ....... V\.n
OR omER EXCfPllON 10 1liE OEflNlllON OF SUBDMSlON. ,"HII

STONERlDG

E

Certificato of Ownel"8hio and Dedication. This horeby cartitios that
the undersIgned 10 (arc) tho owner(o) of the property shown on this
plat, that the property is within tho subdivision regulations jurisdiction
of the Town of Knlghtdole, that I(we) hereby freely adopt this plat of
8ubdivision, and that by submission of this plat for approval I (we)
do dedicate to the Town of Knlght.dole for public use. except those
specifically indicated for privote uso, all lrtreets, rightB-of-WOY, parks.
open space and eaoemenbJ shown thereon for all lawful purposes to
which tho Town may devote or allow tho somo to be used and upon
acceptance thereof, sold dedIcatIon nhall be Irrevocable. provlded any
dedication of easements for storm drainage are not made to the

ell DATA TABL

aJRVE ~ RADIUS l
C18 94.95 230.00
C19 247.70 300.00
C20 87.90 1aoo
C21 24.12 150.00
en 111J.t50 200.00

._-~-_..._-

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L APPROV.AL OF 17.5 SQUARE FOOT SIGN. THE SIGN SHALL BE IN
PLANTER'S WALK.
:-

I. PErm J. 13RENNAN. Jr,. PROFE:SSIONAL LAND SURVEYOR No, l-374J,
CERTIFY THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH
AS THE RECOMBINATION OF EXIST1NG PARCELS, A COURT -ORDERED SURVEY
OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION.

NOTES
AREAS COMPUTED BY COORDINATE METHOD.
PROPERTY SUBJECT TO ALL RESTHICTIONS AND EASEMENTS OF RECORD.
1/2- IRON PIPE SET AT ALL CORNERS UNLESS OTHERWISE NOTED.

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PETm J. BRENNAN, Jr., PROFESSIONAL lAND SURVEYOR No. L-3743

f)0q 7'
&o~ /vall'/,
<00< Ii
f:>Q
'<o{)

NO ATTEMPT WAS MADE TO LOCATE ANY CEMETERIES, WETLANDS,
HAZARDOUS MATERIAL SITES, UNDERGROUND UTlLlTlES, OR ANY
OTHER FEATURES ABOVE OR BELOW GFWUND UNLESS SHOWN ON THE
FACE OF THIS PLAT.

I

STATE OF NORTH CAROLINA, JOHNSTON COUNTY

I, PETER J. BRENNAN, JR., CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION
FROM I~ ACTUAL SURVEY MADE UNDER MY SUPERVISION; THAT THE BOUNDARIES NOT
SURVEYED ARE CLEARLY INDICATED ~; DR.AWN FROM INFORMATION FOUND IN EXISTING
f;:E:CORDS AS NOTED; THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; AND
THAT 11;13 PLAT WAS PREPARED IN ACCORDANCE WITH GS 47.30 AS AMENDED. WITNESS
MY ORtGINAL SIGNATUf;~E, REGISTRATION NUMBER AND SEAL THIS DAY OF
, AD, 2005.

FUl~RE EASTERN WAKE EXPRESSWAY
NC DEPARTMENT OF TRANSPORTATION
DB 7819 PG 915

PETER J. BF~ENNAN, Jf~., PfWFESSIONAL LAND SURVEYOR, NC No. L-3743
EIP

VICINITY MAP - NOT TO SCALE

NCDOT R/W
MARI<ER W/
ALUMINUM CAP

S22"21 '51"[

663.45'

,
S26.24'30"E 306.74

EIP

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L28

50' S.H.O.D. BUFFER
(BOM 2002 PG 1206)

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STONERIDGE AT PLANTERS WALK PHASE 1
BOM 1993 PG 857

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REVISED PLAT OF
RIVER ESTATES
SUBDIVISION
TOWN OF KNIGHTDALE
aT. MATTHEWS TOWNSHIP, WAKE COUNTY
NORTH CAROUNA
FEBRUARY 9, 200/5
SHEiET TWO OF TWO

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ADDITIONAL CONDITIONS
SUI3990'~-PRELlMINARY SUBDIVISION PLAT-RIVER ESTATES TOWN HOMES SUBJECT TO THE FOLLOWING CONDITIONS

1. A FIFTY (:iO) FOOT PUBLIC GREENWAY EASEMENT SHALL BE DEDICATED TO THE TOWN OF KNIGHTDALE FOR THE
POI~TlON OF THE PROPERiY EAST OF THE CRREK.

SUI39910-SPECIAL USE PERMIT-RIVER ESTATES TOWN HOMES SUBJECT TO THE FOLLOWING CONDITIONS:

TOTAL AREA OF ENCROACHMENT
INTO NEUSE RIVER RIPARIAN BUFFER
1382 SF

1. THE I~EQUljRED ACTIVE RECREATION HAS NOT BEEN PROVIDED. A TOTAL OF 1.46 ACRES OF RECREATION AREA
(TOTAL OF BOTH .AICTIVE AND PASSIVE) IS REQUIRED FOR THIS SITE. THIS APPUCANT SHALL EITHER PROVIDE THE
REQUIRED RECREATION AREA OR PAY A FEE IN LIEU OF.

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LAND SURVEYING. P. A. . ~
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TELEPHONE [phone] II
FAX [phone] . !
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File name: C:\DWG\ 1641 \001 \PLAT1

B. STAFF RECOMMENDATlONS

THE PURPOSE OF THIS PLAT IS TO SHOW THE
ENCROACHMENTS INTO THE NEUSE RIVER BUFFER

1. THE WESTERN PROPERTY LINE, WHICH IS PREDOMINATELY IN A NEUSE RIVER STREAM BUFFER, BE ACCENTUATED
WITH ADDITIONAL PlANT MATERIALS, PAHTICULARLY THOSE PlANT SPECIES THAT WOULD HELP ABSORB STORMWATER.
PLANNING STAFF RECOMMENDS ADDING THE PLANT MATERIAL REQUIRED FOR A 1/3 OF A TYPE B BUFFER.
2, THE HVAC EQUIPMENT SHALL BE SCREENED WITH VEGETATION.

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POWER POL~\
RIGHT-OF-WAY .
SQUARE FEET
ACRES .
TAX MAP
DEED BOOK
PLAT BOOK
BOOK OF MAPS
PAGE
OVERHEAD POWER
STREET )\DDRESS

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SURVEYED BY;/
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DRAWN BY:
PJB
DATE:
2/9/05
CHECKED BY:
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L SURVEY DATE:
11/26/01
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3. IN AN EffORT TO 81~EAK UP THE MASSING, EVERY OTHER UNITS FRONT FACE SHALL BE COMPRISED OF A DIFFERENT
MATERIAL, SUCH M.3 BRICK: OR THAT EVERY UNIT'S FRONT FACE BE COMPRISED OF A COMBINATION OF MATERIALS
WH,ICHEVER OPTION IS FOLLOWED, THE MATERIALS AND THEIR DESIGN SHALL BE CONSISTENT THROUGHOUT THE DEVELOP-
MENT SO AS TO UNIFY THE LOOK OF THE COMPLEX. COLORS USED SHALL BE SIMILAR TO THAT OF PLANTER'S
WALK SUBDIVISION.

60 0 60 120 180
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SeAL:: 1" = 60'

4. A RECYCLING FACILliY NEEDS TO BE PROVIDED AND APPROPRIATELY SCREENED.

5. NO GARAGES SHALL BE CONVERTED INTO LIVING SPACE UNLESS THE DRIVEWAY SERVING THAT UNIT IS CAPABLE OF
ACCOMMDDATING AT LEAST TWO PARKED AUTOMOBILES OF AVERAGE SIZE.

LEGEND
DASHED LINES
EIP
IPS
ECM
EPKN
PKNS
ERRS
RRS
RPS
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LINES I'JOT SURVEYED
EXISTIN:; IRON PIPE
IRON P'N SET
EXISTIW; CONCRETE MONUMENT
EXISTIN; PARKER-KALON NAIL
PARKEF-KALON NAIL SET
EXISTING R.!!"ILROAD SPIKE
RAILROID SPIKE SET
No. 5 REBAR PIN SET
CONTRCL CORNER
COMPUTED POINT

PP
R/W
SF
AC
TM
DB
PB
80M
PG
OHP OR E
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KEEPING WITH THE SIGNS FOR THE OTHER SECTIONS OF

6. ALL CONDITIONS LISTED TO BE SHOWN ON FACE OF RECORDED MAP.

MSp990:3-MASTER SIGN PERMIT-AS FOLLOWS

8268 NC 96 N
SELMA, NC 27576