20051787 Ver 1_Complete File_20050921

40F WA rF9O Michael F. Easley, Governor
A G William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 2, 2005
DWQ Project # 20051787
Wake County
Page 1 of 3
Mr. Dave Oddo
213 Annandale Drive
Cary, NC 27511
Subject Property: Garage improvements
213 Annandale Drive, Cary, NC
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC 2B
.0233(9)(b)J
Dear Mr. Oddo:
You have our approval, in accordance with the conditions listed below, to impact approximately
75 square feet (ft ) of Zone 2 of the protected buffers to construct an improved garage at the
subject property as described within your variance request dated September 21, 2005 and
received by the Division of Water Quality (DWQ) on September 21, 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 the proposed garage improvements and "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)
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetiands
N ?` Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
David Oddo
Page 2 of 3
October 2, 2005
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 112
square feet as required under this variance approval and 15A NCAC 213 .0233. We
understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 213 .0233, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B.0233(9)(C).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this variance approval shall occur.
Ms. Susan Klimek should be contacted at [phone] if you have any questions
concerning payment into the EEP. For accounting purposes, this variance approval
authorizes payment into the Riparian Buffer Restoration Fund to compensate for
112 ft2 of required riparian buffer mitigation for impacts to 75 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 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 213 .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 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
5. The Division understands that you are still deciding how to address the unpermitted
impacts with respect to stream culverting done on your property. This approval of the
Minor Variance does not affect the outcome of that activity.
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
David Oddo
Page 3 of 3
October 2, 2005
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.
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 Mr. John Dorney at
[phone] if you have any questions or require copies of our rules or procedural materials.
Sincerely,
AWK/jrd
Enclosures: Certificate of Completion
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
Klime , P.E.
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
2 0 0 5 1 7 8 7
Variance Request Form - for Minor Varia EWIRN
Protection and Maintenance of Riparian Areas Rules SEP 2 12005
NOTE. This form may be photocopied for use as an original. DENR. WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Please identify which Riparian Area (Buffer) Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 0213.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applica?Lt's name (the corporation, individual, etc. who owns the property):
Da,?;d P. od1.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: DAY:d P. odd.
Title:
Street address: z 3 A hw?? d a ti b, 'vi
City, State, Zip: Ga?ti NC' 7_1s it
Telephone: k q- Z g T 7
Fax:Jd 19 - / Sot.
3. Contact person who can answer questions about the proposed project:
Name: 7av" d 0C00 S4cvo_ Gr,?-F
Telephone: (Rtq ) 5-3q- zw-l 0119 "tat, ts92-
Fax: L_)
Email: ? o d do R a van •S q va. Gonti
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
213 ,4?nnahdal? ?Gc?ra 1,c
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
zit, A?b rtv1
c 2 '1 S 11
cp.- h
a k1
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
topogrraphic map indicating the location of the site): rr il?.t-
Ff-'2 M k! at.r- n. r-n -W% Q o _J S o ?4t, '?- ? ?^>, ? a f%
G I.. C. C' .0w • -6 A-KH wr.J -L__ 41`6.4
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT to the nearest named stream):
tAT -k-e Lk w, rK ,.LtI A" 6'.L r 15rv i P+ c-'e.4 I,
Stream classification [as identifi d within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 1,&) W
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/4 =Pern5t5
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]:
lq .? CU-01 w?`- 2k a rooF - l1n,( tnCXL!kJ 4
1 ,M V a.e. S 00-e 4 1 r.a0.1<..11 ?J
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:
TL%.c- 0'.k/L W06 5 pr-tytowSly priW,Rr; jN 1?"`a-tr`vlcKt ui{? ?io
a . S J' . "k V_ ou?c a
Variance Request Form, page 2
Version 2: November 2000
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I certify that the buildi

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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 2 0 0 5 1 7 8 7
Variance Request Form - for Minor Varian o C?C??ILS
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
S E P 2 12005
DEN8 ?R Quaunr
MILMOS MVITORMATERERM
Please identify which Riparian Area (Buffer) Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 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.)
1. Applicar?t's name (the corporation, individual, etc. who owns the property):
AU;d P odlo
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -DAv:d P. odd..
Title:
Street address: z 3 A hw?H 0.lz ? ??v e
City, State, Zip: Gar , Mc, z.'Is; I I
Telephone: ) s 1q- 2-?T'?
Fax: i q J 9 - / S-f L
Contact person who can answer questions about the proposed project:
Name: 7a4? d 04?o S4.tve- G,.,4
Telephone: (9I9 ) 5-3g, 2$(--) 01,11 lat. I SS1.
Fax:
Email: J p o d do e a van is q Va.. Goner
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
7-13 vt??a&1.1 ?Gctra V
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
213 QKr0.?, ?.? Lc ?rtv1
c Z? S 11
a. kl-
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): { r, i4F
F#-eM k: [?a,-•n. „?.,.t toad So `C??`. -ttr?? 12c
G t& S is 4 fJ {+o A. K 1n w r+ &l0..1_t_ V r t%..c -- --
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
W r ?e tkkA " M'.. kc j 6UL. G••c? or s s r.; P +_ C,4_4' tc
Stream classification [as identifi d within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: (k) W
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received:

Date received
30?
Permit Type:
CAMA Major
CAMA Minor
401 Certification/4 4 Permit
On-site Wastewater Permi
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]: ,
r?nlaC.^E Acv-•4.4- w=`'H -Q.kpA- rooF r L,t. t IACM4un
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:
,o ti l i o
-rL%A- 0 -CP, W^ S D r-J V t o? a S l? Q P l wtw r?N 1 •" G>-1 ? ?t n 645 La r +L%
A _,k -..t y- oust Ot . t
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.):
Rtkr% eFp W, It Flo.-> il^rou oft, q raSS% Swwl L -?o
• P1 -h..,e V%0 r- -A. S'. LL. e- 't ?- f? ^oA tr'??. (o'D 0,-x 100'1
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
? P,r4 t c.L. Mlle,, n,t 6 H IF to ocl ?..,?
(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 thisll section:
Designated agent (individual or firm): 1,0A
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
I, -6 aV' d e. w It, (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:

Q-Zd - oS_
/A-n M'4 n wN.2r
Variance Request Form, page 4
Version 2: November 2000
Page 1 of 1
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r 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
September 26, 2005
Mr. Mike Oddo
213 Annandale Drive
Cary, NC 27511
RE: Neuse River Riparian Buffer rules
213 Annandale Drive, Cary
Dear Mr. Oddo:
Thank you for meeting with DWQ staff to discuss issues related to the piping of a stream
on your property and your plans to expand the size of your garage on your property. As you
know, both issues relate to the Neuse River Basin Riparian Buffer Rules (15A NCAC 2B.0233),
which the Division of Water Quality (Division) administers. We understand that the US Army
Corps of Engineers has issued a Nationwide Permit 39 for the stream piping but as we
explained in our meeting, you still need approval from the Division of Water Quality to retain the
pipe.
With respect to the garage improvements from the data you provided, the Division
concurs that no new impervious surface will be added in Zone 1 of the buffer. You will need a
Minor Variance for impacts to Zone 2. The Division has received your Minor Variance
application and will approve if the application is consistent with what was discussed in our
meeting on September 16, 2005.
With respect to the stream piping, it is clear that the piping of the stream is a violation of
the Neuse River Buffer rules. The piping of a stream is not identified as a use within the Neuse
River Basin Riparian Buffer Rules, Table of Uses [15A NCAC 2B.0233(6)] which means that
this is a prohibited use within the Neuse River Basin. As we discussed, you have several
choices as outlined below -
1. Remove the pipe, stabilize the stream and the streambank, re-vegetate the area
to the conditions similar what existed previously. This action would require a 401
Water Quality Certification and written approval from DWQ.
2. Remove the pipe (as stated in #1) and place a pipe parallel to the existing pipe
that runs under the front of your property. This dual-pipe system could then carry
the stormwater flow that causes the flooding of your property. The placement of
this pipe would not require a permit from DWQ.
3. Remove the pipe (as stated in #1) and replace the pipe under your front yard with
a pipe sized to carry the stormwater and prevent flooding. It is likely that this
pipe would have to be larger than the existing 24 inch pipe but probably would
not have to be as large as the pipe under Annandale Drive since that pipe also
carries flow from another stream. The placement of this pipe would not require a
permit from DWQ.
4. Apply for a Major Variance to the Neuse River Buffer rules to allow the pipe to be
retained. Compensatory mitigation would be required at a 3:1 ratio for impacts to
401 oversighl/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
Noy` Caro ina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Zone 1 and a 1.5:1 ratio for impacts to Zone 2 multiplied by the length of the
stream that was impacted. The mitigation costs are $0.96 per square foot of the
total impacts. You would also need to survey the existing impervious areas
within the buffers and that amount of area could be subtracted from the total area
of impacts. Your options in terms of mitigation would be to find another, nearby
stream which did not have a wooded buffer, plant that buffer with native trees
and assure through annual reports that the trees survived for five years. In
addition, stormwater management would have to be done on-site to replace the
stormwater treatment that the previous buffer was performing. Major Variances
must be approved by the NC Environmental Management Commission (EMC).
As we discussed in our meeting, the EMC will want a DWQ staff
recommendation. At this time based on the site visits that we have done and our
meeting, staff will likely oppose a Major Variance for this project due to practical
alternatives (see 1 through 3 above). As we discussed, the fact that this is an
after-the-fact situation would also have to be taken into account by the EMC.
I hope this letter is helpful to you in your decision as to how to proceed to address the
Notice of Violation that was sent by the Raleigh Regional Office on August 25, 2005. Please
call me at 733-9646 if you have any questions.
7
Cc:
Eric Kulz, DWQ Raleigh Regional
File copy
Central files
Tom Horstmann-Town of Cary Engineering Department, PO Box 8005, Cary, NC
27512
2