20051900 Ver 1_Complete File_20051017

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(7 'C
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
October 19, 2005
William Tate
Village Building Co., Inc.
1506 East Franklin Street
Chapel Hill, NC 27514
Subject Property: Chelsea Woods, Lot 13
Holly Springs, NC
DWQ Project # 20051900
Wake County
Page 1 of 3
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Tate:
You have our approval, in accordance with the conditions listed below, to impact approximately
170 square feet (f 2 ) of Zone 2 of the protected buffers to approve construction of a home and
deck at the subject property as described within your variance request dated September 13, 2005
and received by the Division of Water Quality (DWQ) on October 17, 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 house and deck 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/newetiands
None Carolina
Nhrrally
An Equal Opportunity/Affirmative Action Employer - 50% Recycle dll0% Post Consumer Paper
William Tate
Page 2 of 3
October 19, 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 255
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
255 ftz of required riparian buffer mitigation for impacts to 170 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 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 Oversight/Express Permitting 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.
f William Tate
Page 3 of 3
October 19, 2005
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,
AW K/jrd
Enclosures: EEP form
1
I
Klime , P.E.
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files

?OF WATFRp Michael F. Easley, Governor
William G. Ross Jr., Secretary
'0 G North Carolina Department of Environmcnt and Natural Resources
r Alan W. Klimek, P. E. Director
'-I Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY VARIANCE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0233, William Tate has permission as outlined below to
impact protected riparian buffers for the purpose(s) of constructing an addition to his existing
home. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification transmittal letter. THIS VARIANCE APRPOVAL
IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT
PROGRAM (EEP)
DWQ Project No.: 20051900
Date: October 19, 2005
LOCATION: Chelsea Woods, Lot 13, Holly Springs
COUNTY: Wake
BASIN/SUBBASIN: 030403 (river/subbasin); 27-43-15-3 (stream index no.)
As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts
through the restoration or enhancement of buffers as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
255 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0233.
If you choose this option, please sign this form and mail it along with a copy of your approval
letter to the EEP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 Oversight/Express Review Permitting 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), httn://h2o.enr.state.no,us/ncwetfinds/
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer
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OFFICE USE ONLY: Date Request # ------
Slate of North Carolina
Department of Environment and Natural Resources
Division of Water Duality
Variance Request Form - for Minor Variances >>
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original. e_
Please identify which Riparian Area (Buffer) Protection Rule applies.
o 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 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):
2. Print OwneriSig
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
ning Official (person
.ltd E.
gaily responsible for the property and its compliance)

3. Contact person who can answer questions about the propo ed project: ? -T I
Name: _?FF__.G?why_-yL-
Telephone,
Fax. (-)-.9 -LL.- _ - _ _ _.............,.._.......
Small:
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, s ecific?o tnssletters, operation and maintenance agreements, etc.):
version 2: November 2002
Sep 13 2005 3:378M HP LASERJET FAX
SEP-07-2005 WED!10:23 AN DENR RRO FAX NO, 19195714718
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P.2 i
P. 05
9. Project! Lomoon:
Street address: ?f1t?laY.e _ __?!?oT 1? Cl?±e?ft? S
city, stale, zip: )lpy? 5 .. bfC_...?
Coun
Latitude/longltude: L?1?t?
8. Directions to site from nearest major intersection (Also, attach an 8 % x 111copy of the USG3
lop pre hic map jndicati ft nq 19qcallon of the site
.t?._
T. Stream to be impacted by Pe
Stream) name (for unname St
eip_
Streemj classifica on (as I ant
.0315 (Meuse) cr .0318 (T 'r-P
8, Which bf the following'pemtits
this oroJect?
ased activity; , I I
is tabe! as -UT" the neares no
ec
rithin the $ch ule of Clessi
co)]:_._ alr??e..:
i
tovals will be required or have been i
:AC 28 _
already for
Requir6d: Received: Dote received: Permit Type:
y _.. _ . _ CAMA,Majoc.
_.-_.. CAMA'Minor
....,. 401 Certification/404 Permit
_ On-site Westewatir Pcrmlt
NPDES Permit (Including stormwater)
^?. I ' .. Non-discharge Permit
Water Supply Watershed Variance
_?_ ? __" i Othero'(epectfy) _ ?
Pert 2: F roposed Activity ,
(Please /n?cludo attachments If the room provided is lrtsufflclent.)
1. Descri'tion of
Pi proposed activit? (Also; please attach a map of sufficient dot i ail (such as a plat
map qr sfto plan) to accurately dellneate the boundaries of tho land to bo u'ifted in carrying
` out the 6ctlvity, the location ani dimension of any disturbance In the dparl n buffers
associated with the activity; and the extent of riparian buffers on the land, nclude the area
of b ?r impa i;
- M.. •V %;10()41 ?CVIl t?/1 .d.: ..?
2. State rdasons why this pla feriths (proposed acINIty cannot be plractleaily accomplished,
re ce4 or reeconigu d to ettpr minimize r ellmin to disc rbanca to the rIparl Duffers;
Writ
Vers

SEP-07-2005 WED 10;24 AM DENR RRO FAX N0, 19195714718 P, 06
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,
/
replanting vegetation or enhancement f exist g vegetatio e 1c.):
G?i?tca't. ??
*.7.1&>i -...... _.....
............ -...,. _ . _
... Q..-- ............. ........... ......
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
_ ...?. .. w?...-fi'r' ._ -P-'f'J'l?NS? .-/urflO.r//rtt?
Ll1?O?..?b7...>lPi7... /...
(2) How these difficulties or hardships result from conditions that are unique to the property
Involved 11?
0!?5# If-Tl?y s.G._ /.eRrii? Or_.__??/l7idrly
- Par zox?. bf 13i?.c 1?nt1_.Is._iY_r _.f '._dwTd?7 _
(3) If economic hardship Is the major consideration, then include a specific explanation of the
econo is hardships and the portion of the ardship the enti a vat a of the project.
. tvW4 .......Q2?.c?wu . ovir r. la at .? .s G. ....
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); /14j?y...-?!/?? CQ? ??f•G
Mailing address: lb_0` cS-?t?
City, State, Zip:
Telephone: _..
Fax: ?f/._ ..?...Gl.f ._..bO..S -
Email: ...?.r4?`
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
SEP707-2005 WED 10:24 AM DENR RRO FAX NO, 19195714718 P. 07
._...__._..._ (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. O r
Sicnature:
Date. ......
.....
Title:
Vailance Request Form, page 4
Veision 2: November 2000
08/30/2005 00:45 9198515201 KEtt ETH CLOSE PAGE 04/05
FLOOD CERTIFICATION ' vrcrNITYJMAP
A () THE PROPERTY IS NOT LOCATED, IN' A..COMMUNIT . PARTICIPATING
IN THE NATIONAL FLOOD INSURANCE PROGRAM AS OF THIS DATE. B (X) THE PROPERTY IS NOT LOCATED :IN:'T?-(E?•7QOr. YEAR FLOOD HAZARD AREA BY F.LR.M. MAP NO.- J778JdO60 E, PANEL 660 OF 810. EFFEC77VE DATE MARCff J: 1992.
C A PORTION OF THIS PROPERTY IS LOCT?D, -`WITHIN A 100 YEAR iE
FLOOD FRINGE AREA AS SHOWN BELOW.?.n r.• , NOT TO SCALE
CURVE TABLE
CURVE DELTA RADIUS ARC CHORD TANGENT CHORD BEARING ^
C 1 14'02'46" 180.00 44.12 44.01 22.17 N 571 D' 17' E ry
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LOT 13
0.177 ACRES
ow
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THE CEMER WE' WTMEMON OF STWS
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DRA2 AND LACOUB£ COURT, THEN
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THE CWERDNE OF LACOMDE COURT

LOT 14
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WOOD FRAME
RESlOENCE

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N£USE RIVER QUfFER IPF
BY. 2000. PO. 2197 ??• 59? 199 /
LEGEND 101
(IF0 IRON PIPE FOUND Sp• ql g ?5
(IPS) IRON PIPE SET NOZE W SPACE (RA) RIGHT OF WAY / (SEE 4852 B N.OP Q PG 2797
(€) CENTERLINE OF RIGHT OF WAY" S 65
(MH) MAN HOLE FENCE
(TOB) TOP OF BANK
I W ERROR Of CLOSURE WAS 10000+ MISCLOS?RE WAS
owR18UTLD DY THE COMPASS ME1H00. a DISTANCES ON
THIS MAP ARE ADJUSTED HORIZONTAL GROUND UNLESS
NOTED OTHD?)f75E: ALL AREAS CALCULATED BY COORDWATE
CCUPVTA170AL PROPERTY OF
2. TOP OF BANK RE1D LOC47ED 8Y KENNETH CLOSE; Wa ON 08124105VILL4GE BUILDING CO.
LOT 13 CHELSEA WOODS SUBDIVISION
PHASE 1 INC.
912 SUNSON DRIVE
HOLLY SPRINGS, WAKE COUNTY, N.C. a0' 15' 0 Jo' 60'
REFERENCE BOOK OF MAPS-2000 .PAGE 2 F97 GRAPHIC SCALE ?nrum ALA
L MARK F. WDOD CERTIFY
THAT THIS MAP IS THE RESULT OF
A FIELD SURVEY MADE UNDER MY
SUPERVISION, THAT THE ERROR OF
CLOSURE IS 1:10,000+ THAT 7H£
BOUNDARIES NOT SURVEYED ARE
SHOWN AS BROKEN LINESF.?
30fh OAY OFD AND THIS
LAND SURVEYOR L-J773
KENNETH CLOSE INC.
LAND SURVEYING
970 TRINITY ROAD
RALEIGH. N.C. 27607
PHONE [phone]
FAX [phone]
DATE.' 08124105 1 SCALE. 1 "= 30'
I,
VrciNrrr A4,1 P
u.s,_HNr, a4/1
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Michael F. Easley, Governor
WA7F9 William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
6F
7 Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
_ , 'T Division of Water Quality
August 31, 2005
Wake County
., c)519co
Mr. Jeff Galloway
Village Building Company, Inc.
1506 E. Franklin Street, Suite 102
Chapel Hill, NC 27514 p 0 W
I D
Subject: Chelsea Woods Subdivision SEP 9 2005
Neuse River Riparian Buffer Encroachment
DENR - WATER QUALITY
WETIAND3 NO STOF1'WATER BRAt+CH
Dear Mr. Galloway:
Thank you for the revised surveys of Lots 12 - 15 in the Chelsea Woods subdivision. After
reviewing the surveys and obtaining information from the Town of Holly Springs, DWQ has
determined that the cleared areas behind the houses fall within a sanitary sewer easement.
According to Ms. Heather Keefer of the Town of Holly Springs, this sewer line was installed in
1992 or 1993, prior to implementation of the Neuse River Riparian Buffer rules in 1997.
Therefore, the sewer easement is considered an existing use under 15A NCAC 02B .0232 (3)(b).
No restoration will be required other than reseeding of bare areas with grass seed and placement
of straw, and repair of any erosion gullies or rills within the buffer as necessary to ensure that
diffuse flow is maintained throughout the buffer in accordance with 15A NCAC 02B .0232 (5).
With respect to the wooden deck on the rear of the house on Lot 13, the deck encroaches on
Zone 2 of the riparian buffer. In order to leave the deck in place, a Minor Variance would need
to be approved. Enclosed with this letter is a copy of the Variance Request Form For Minor
Variances. Please complete the form, ensuring that all sections are filled in. You must enclose a
copy of the revised survey for Lot 13, which clearly shows the encroachment. Three copies of
the form and attachments should be forwarded to the Division of Water Quality, Wetlands and
Stormwater Branch, 2321 Crabtree Boulevard, Suite 250, Raleigh, NC 27604-2260.
Since the deck has resulted in loss of 170 square feet of riparian buffer, you will be required to
pay mitigation for the buffer impacts. Mitigation costs for Zone 2 impacts are square footage of
impacts x 1.5 x 50.96/square foot.
44TNT
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
Mr. Jeff Galloway
f Village Building Company, Inc.
1506 E. Franklin St., Ste. 102
Chapel Hill, NC 27514
9/7/2005
If you have any questions regarding this process, please feel free to contact me at
x4251.
Si
Eric
Envi
1-4200
CC: File Copy
Heather Keefer - Town of Holly Springs
Debbie Edwards - Wetlands and Stormwater Branch
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748