20040010 Ver 1_COMPLETE FILE_20040102

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Jeff Fike 8uilalers
W?$ut.Uvcci&
wwwJfbulluers, cum
2520 Reliance Avenue, Suits A
Apex, North Carolina 27502
919-363-4868
Fax [phone]
To: John Dorney
Wetlands 401 Unit
From' Jeff Fike
Ref: DWQ #04-0010 Lochside Glen 202 Coltsgate
Dear, John,
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February 1. 9, '2004
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I am writing on behalf of my clients Mr. & Mrs. irons. After further evaluation I have
concluded that the distance from the highest level the pond can attain is greater than 50'
to the structure,
friar to that we were treasuring to the property line, which is not at the same location as
the highest pond elevation. (See sketch)
Therefore we are withdrawing our request for a minor variance on this prcperty.
Cc: David and Renee Irons,
Terry Warren,
Storm Water Services Engineer
Town of Cary

1'1 'H t: I I h (i it
President
Jeff Fike Builders, inc.
Ov VJA-r?R Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
t_ Alan W. Klimek, P. E. Director
(I n, :6?
-1 Division of Water Quality
0 LG
O 'C
Coleen H. Sullins, Deputy Director
T F Division of Water Quality
February 10, 2004
DWQ # 04-0010
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
David & Renee Irons
202 Colts Gate Drive
Cary, N C 27511
Subject Property: Lot 6, Lochside Glen S/D, 202 Colts Gate Drive, Cary, NC 27511
Swift Creek [03-04-02, 27-43-3.5, WS-III (water supply) NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. & Mrs. Irons:
On January 2, 2004, the Division of Water Quality (DWQ) Wetlands/401 Unit received your request dated December 17,
2003 for a Minor Variance from the Neuse Buffer Rules (15A NCAC 213.0233) for the subject property. The:Division of
Water Quality (DWQ) is required to prepare a "preliminary finding" P'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:
• No Practical Alternative
It appears that your project could be redesigned or otherwise reconfigured to avoid the proposed buffer impacts.
Please redesign your project to avoid the buffer impacts or provide additional justification as to why your proposed
project cannot avoid the buffer impacts. Photographs of the area to be impacted may be helpful.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to Mr. Bob
Zarzecki of this office and to Mr. Steve Mitchell of the DWQ Raleigh Regional Office (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 Mr. Zarzecki of this office at [phone] if you have any questions.
rely,
VDorney,
s /
401 Unit
cc: Steve Mitchell, DWQ Raleigh Regional Offic
File copy
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/newetlands/
DEC-12-2003 FRI 01:16 PM DENR RRO FAX NO. 19195714718 P. 01/04
OFFICE USE ONLY: Date Received Request #
State of North Carolina
1
2
Department of Environment and Natural Resources 3 ,'µ° : S
Division of Water Quality
LL C.
Variance Request Form - for Minor Vari, .
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
. ...,._w ..... .
. 'i7N ce- ... ,
Nk?? lMl'nINL?.n.9YYTa identify which Riparian Area (Buffer) Protection Rule applies.
use 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)
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.)
Applicant's name (the corporation, individual, etc. who owns the property):
WETLANDS ! 4 1 GR0U ?
Print Owner/Signing Official (person legally responsible for the property and its compliance
Name:
Title: `104
Street address:
City, State, Zip:
Telephone:
Fax:
Email:
3. Contact person who can answer qu stions about the proposed project:
Name:
Telephone: )_
Fax: LOV 3L -4 .:. ?.?. -.
4. Project Name (Subdivision, facility, or establishment name - consistent with project name On
plans, specifications, letters, operation and maintenance agreements, etc.):
L° o can & aaLe, - 207 . ? `> 57
Version 2: November 2002
Received Time Dec•12• 1:33PM
DEC-12-2003 FRI 01:17 PM DENR RRO FAX NO. 19195714718 P, 02/04
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach. an 8 Yx 11 copy of the USGS
topographic map indicating the location of the ,-%
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316.(Tar-Pamlico)[: Tn 2c.?1? ?_ _.,.. _... - --
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.1:
A_(Zn A.
" -2-
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced ?o-rlreconffiig?u?red to better minimize ?or?eliminate , disturbance to the riparian buffers:
Variance Request Form, page 2
Version 2_ November 2000
Received Time Dec.12. 1:33PM
UhU-1;?-;UU3 FRI 01:17 PM DENR RRO FAX NO. 19195714718 P. 03/04
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.):
t_ L T- Lo w f+ ; 2 __
4
(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
Variance Request Form, page 3
Version 2: November 2000
r- LO )
Received Time Dec.12. 1:33PM
Please provide an explanation of the following:
(11 The practical difficulties or hardships that would result from the strict application of this
DEC-12-2003 FRI 01:17 PM DENR RRO FAX NO. 19195714718 P. 04/04
1 D?? E ,k- _r2?y? (print or type name of person
listed in part I. Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
Received Time Dec.12. 1:33PM
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Complete items 1, 2, and 3. Also complete
'item 4 N Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
F Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to: W t t-h d r a w n
David and Renee Irons
202 Colts Gate Drive
Cary, NC 27511
DWQ# 04-0010 - Wake
? Agent
C. Date of Delivep
B. Recived by (Printed Name) 12
-?z-?4-
D. Is delivery address different from item 1? ?'Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ?p? Express Mail
? Registered P( Return Receipt for Merchandise
?:Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) Cl Yes
!. Article Number
(transfer<from service label)
rn 3811.,
7002 2410 0003 0275 3998
Domestic Return.Receipt 102595-r'
UNITED STATES POSTAL SERVI a First-Class Mail
sta,Ic a Fees Paid
/ r a^? Po
SPS
1 ,` 1 LI
Permit No. G-10
• Sender: Please prin -yatrir hatWe address, and ZIP+4 In this°'ooX *-- ?-
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
i