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HomeMy WebLinkAbout20051884 Ver 1_Complete File_20051012W AT O ? 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 November 11, 2005 Mr. Richard Parker Original Spaces, Inc. 1215 Jones Franklin Road Raleigh, NC 27606 Dear Mr. Parker; RE: 1422 Eden Lane Raleigh, NC Request for extension of payment to EEP DWQ # 20051884 Wake County DWQ staff have reviewed your letter of October 31, 2005 which requested a two (2) week extension of time to pay the Ecosystem Enhancement Program for buffer mitigation for the Riparian Buffer approval issued on October 14, 2005. This extension is hereby granted to December 1, 2005. If you have any additional questions, please contact me at 733-9646. 4 rney Cc: Steve Mitchell, Environmental g, 1813 La caster Drive, Garner, NC 27529 rOffice Eric Kulz, DWQ Raleigh Regio File copy Central files 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: 919-733-1786/ FAX 919-733-6893/ Internet: httn•/ih2o.enr.state.nc.us/ncwetlands N r Carolina N atrtra!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper w o?o? wA rF9Q0 0) -7 O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 14, 2005 Mr. Richard Parker Original Spaces, Inc. 1215 Jones Franklin Road Raleigh, NC 27606 Subject Property: 1422 Eden Lane Raleigh, NC Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 20051884 Wake County APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate Dear Mr. Parker: You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact approximately 225 ft2 of Zone 1 and 525 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the driveway access at the subject property as described within your application dated October 13, 2005. In addition, 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, Non-discharge 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 must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. This approval requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Buffers 750 (square ft. Site plan 2. 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). 3. Certificate of Completion 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: 919-733-1786 / FAX 919-733-6893 / Internet: httn://112o.enr.state.nc.us/ncwetlands f N Carolina Nturallil An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper Richard Parker Page 2 of 2 October 14, 2005 Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. 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 1,426 square feet as required under this Authorization Certificate and 15A NCAC 2B .0233 (buffer mitigation rule). 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 2B .0233(7)(buffer mitigation rule), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10)(buffer protection rule). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into the Riparian Buffer Restoration Fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1,426 ft2 of required riparian buffer mitigation for impacts to 750 ftz of protected riparian buffers; 03-0402 river and subbasin." Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. AWK/jrd Enclosures: EEP Mitigation form Certificate of Completion Sincerely, enKfimek,.E cc: Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529 Filename: 20051884EdenL.anc( Wake)NBRapproval ?pF WATF9p Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p -? Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Richard Parker has permission as outlined below to impact 750 square feet of riparian buffers for the purpose(s) of constructing the proposed driveway crossing at 1422 Eden Lane in Raleigh in Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: 1422 Eden Lane, Raleigh COUNTY Wake BASIN/ SUB BASIN 03-04-02 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 750 Square feet of stream buffers 1,426 Square feet of stream buffers One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Ecosystem Enhancement Program per NCAC 2R.0503. If you choose this option, please sign this form and mail it along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1766/ FAX 919-733-6893/ Internet: htti)://h2o.enr.state.nc.us/ncwetlands None Carolina Ntrrrldil An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper October 31, 2005 Division of Water Quality Mr. John Dorney 1650 Mail Service Center 401 Wetlands Unit Raleigh, North Carolina 27699-1650 mg @ IR ow P= OCT 3 1 2005 DENR - WATER QUALITY WETLANDS AND STMAYATER MiCH Subject: DWQ #: 05-1884 1422 Eden Lane Raleigh, Wake County Dear Mr. Dorney: This letter is being directed to you to request the granting; of a two week extension for payment to EEP. On October 14, 2005 you provided approval, in accordance with NCAC 15A 02B .0233, for the above referenced project to impact approximately 225 ft2 of Zone 1 and 525 ft2 of Zone 2. This approval allows impact to the protected riparian buffers for the construction of an access driveway to the property on Eden Lane. As stated in Condition 4 of your October 14"' letter, payment to the Environmental Enhancement Program (EEP) is to be made within one month from the date of approval. This requires payment to EEP coincidental to my client's meeting with the City of Raleigh for approval of a variance from the property minimum "site set back" requirements. I have already obtained an invoice from EEP for the total payment amount of $1,368.96 and payment will be made within the approved two week extension period (if granted). If you have any questions or are in need of additional information, please do not hesitate to contact me. I can be reached at either (919) 971-6598, nights at 550-9055, or srmitche115I @yahoo.com. Thank you in advance for your prompt consideration of this matter. Sincerely, 1 \ Steve Mitchell srm:edenlnext. I Steve Mitchell. Environmental Consultins2. 1813 Lancaster Drive. Garner. North Carolina 27529 October 13, 2005 Division of Water Quality Mr. John Dorney 1650 Mail Service Center 401 Wetlands Unit Raleigh, North Carolina 27699-1650 • Subject: 1422 Eden Lane Minor Variance Request Construction of Driveway Raleigh, Wake County Dear Mr. Dorney: On September 8. 2005 I met with Ms. Edwards onsite to evaluate the site conditions and determine if the site qualified for the submittal of a minor variance request. The stream feature along the periphery of the property is a perennial stream feature and subject to the Neuse Buffer Rule. This letter is being directed to you to request the granting of a minor variance from the Neuse Riparian Buffer Rule and allow the construction of a driveway entrance along the existing Raleigh municipal sewer easement with minimal impact to the riparian buffer. This submittal is required for DWQ approval of the project. As per the site visit the following is submitted: The only access to the property is along the sewer easement. The design for a twelve (12) foot wide entrance will remove 750 square feet of the buffer (225 Zone 1 and 525 Zone 2). If requested, the driveway will be constructed of pervious pavers. If the driveway is paved, it will be supered to allow the stormwater to be "treated" as it passes through the buffer. If you have any questions or are in need of additional information, please do not hesitate to contact me. I can be reached at either (919) 971-6598, nights at 550-9055, or snnitche115I @yahoo.com. Thank you in advance for your prompt consideration of this matter. Sincerely, 1 I Steve Mitchell OFFICE USE ONLY: Date Received _ Request # State of North Carolina Department of Environment and Natural Resources Division 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 Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) a Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) a 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): RFR, Prcpctt es ?D OCT 1 2 2005 DENR - WATER QUALITY YrET1ANDS AND STORI,MiATER BRANCH 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: I=;ich rcl P r; r, Orioin:l :c Inc. Title: ?i Pr, c: nt Street address: 1215 JerFr: l'" :!III iZ"D (I City, State, Zip: ?R I Jr 11. i'vo?til C ;rc!in 3 27;1-'CG Telephone: Fax: 3. Contact person who can answer questions about the proposed project: Name: Telephone: c 9 19 550- G55 Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 1•.22 Ed?il L,-,,n:_ --- 5. Project Location: Version 2: November 2002 Street address: City, State, Zip: County: Latitude/longitude: 1122 Ec': n 1. - 3I"'_' 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): .`?Vrnu,? 1,si to C", nttlt,uiv L,-t to Cl-,ifchi!l G ri`- ?IF,'rl'. i ' 'E_ 11iii. it 10 rIci of 3trE i_a. P1GP'_1t'Y L:IGng to '.. 31. Pli`1 074931 4319 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): SOL1111C,3st Pron3 of E:;?:v?rd?1m Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: _C INSV1 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 i.liilor v:3ri_3na: 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 W.]: _-i c1 iy to line e:a?ilr_nt oil t11'3 of HIIJ, iiiitilrlll._. 1 to t,.?; l'd (12) i t ,vi;d2 _-:r'„f .iign id ''..'Itil til . <i3tin J r iii,, to iiiir11111!Z0 I11 pLact to the III)CAi,311 1JUIfcr. if it 13 ?i SUru :1 tn8t tilt' <I tlflrJ U:;:; i3 Illlpcl`JlCU3, tilEr? 13 110 Inlp? Ct to the hlliief If not, tii r i 13 a tcL11 Mnp ct of 7c;0 1:r!'U: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: _There is no other L:It unitive _'Icccss to the prci; rty Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.): Variance Request Form, page 2 Version 2: November 2000 If the imp c' of 750 square feet Is allo,.ved, the inipzct'.'J!I b-- paid nor b? - ? by I ayto nt to EE,, the ., ?. drivevjay'.viil be constructed of pervious pavers if te-quested, and "super-ed" if paved to allow the stormwater to move through the buffer at sheet flow. In addition, the stornnvater generated by the roof of the house :vAll be coilected and d :livcred as sheet floe through the riparian buffer. 3. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. The property ';could not ke cb;a to be ueve:op!d rosul<<ng in a c;u?.-stion of u ta.-!ng i;.T?.u (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 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 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. /7 ;r /111 Signature:C Date: Title: Variance Request Form, page 3 Version 2: November 2000 TopoZone - The Web's Topographic Map Page 1 http://Www.topozone.comlprint.asp?z=17&n=3964926.99983243&e=710932.000055961 &s=..: 9/7/2005 Raleigh West quadrangle Projection is UTM Zone 17 NAD83 Datum G=1.367 Page 1 of 1 W.? ty and 15e City urfardph ;rZ WAKE COUNTY .. 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J07949!37523 REID: OWNERI: ADDR1: ADDR2: ADDR3: DEED BOOK: DEED PAGE: DEED DATE: DEED ACRES: BLDG VAL: LAND VAL: BILLING CLASS: DESCRIPTION: MAP NAME: PIN NUM: PIN EXT: CITY: PLAN JURIS: TOWNSHIP: YEAR BUILT: SALEPRICE: SALEDATE: TYPE USE: DESIGN STYLE: UNITS: LAND CLASS: OLD PARCEL NI RALEIGH SITE P STREET NUM: STREET SUITE: STREET DIR PR STREET NAME: STREET TYPE: STREET DIR SU ADDRESS TYPE ADDRESS STAT CODE DESCR: 0 © 52 ft http://imaps.co.wake.nc.us/imaps/printmap.asp?pin=0794984819&pinext=&minX=20990.... 10/11/2005 LEGEND SITE1 IPS-Iron Pin Set M EIP-Existing Iron Pin M Q § ai C 8 PKS-Porker-Kolon Noll Set EPK-Existing Porker-Kolon Nail sa ; <1 PP-Power Pole - M CHURCHILL RD. C-Ce t `r Una Power R /W-Right of Way It-Proporty Une WADE AVE. Lines Not Surveyed ECM-Existing Concrete Monument VICINITY MAP N.T.S /. \ • TRUSWOOD PROP ERTIES, LLC DO 8418. PG. 111 \ BOM 1999. PG. 2053 OF CREEK INECR K i IS PR OPERTY 8278'39'• W EIP LINE _ 38.53' S 82:44'00" ? _ E r, ?A ' R? 00 z O 2 W 00 4 -0 a 0 rn co a) -- 5' DRAUyAGE E AN - ?' - - - - ASEAlENT - 132 6' / - - - _ / _ PP ?7`-_--?- •EIP 17020 S.F. I \ 0.391 AC. REA TO CENTER- \o' /+ ci / L\IN,E OF CREEK EIP ?+ .p\ S \.- yF Q C?O to \ A J.J. VON DOKKUM?., D13 11211. PG. 2510 BOM 2004. PG. 2254 0' 15' 30' 1"m30' III -356 -c v . 'o S 2390 /?` S>>9. 1 3 ?/ CONTR5 MAN CORNER ??\ J C HOLE 0 EDEN N 40' IC /W o . 0 tjPL&V ry4i OSTIA R. SELF DB 3073. PG. 623 BOM 1987, PG. 186 / EIP ?Y PP EIP `? ry I: 2p EIP o RY ??? a? ?FqS es £MFNT PINS: 0794.08 98 4819 TOWNSHIP: RALEIGH ZONE: R-4 LOT 1, PROPERTY OF OSTIA RALPH SELF & JOAN L. SELF AS RECORDED IN BOM 1987, PAGE 186 W.C.R. I, Barry L Scott, certify that this plot was drawn under my supervision from (on actual survey made under my supernstan) (deed description recorded in Book 8336 page 19 etc.) (other), that the ratio of precision os colculated by, lotitude and departures is 1/10.000. that the boundarics not surveyed are shown as broken lines plotted from information found in (SEE REFERENCE). Witness my original sgnature, registration number and seal the 31st day of. A.D. 2005 REV: 9/12/05 PROPERTY OF RFR PROPERTIES, LLC 14200 EDEN LN. WAKE COUNTY RALEIGH, N.C. SCALE. 1' s 30' (dkR L SC TT a CO. DATE: 8-31-05 p LAND SUR&MRS P. 6 ex 'Sw - 4amC O 0"dj. X?" m nw?ow ra nuo-uo BOOK: U325/61 LINE DATA NUMBER BEARING DISTANCE L-1 S 62'53'45" E 18.80' L-2 S 4131'15" W 24.05'