20040283 Ver 1_COMPLETE FILE_20040224

A?F W ArF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
7 r Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 27, 2004
DWQ # 04-0283
Wake County
Page 1 of 2
Mr. Greg Smith
2604 Van Dyke Avenue
Raleigh, NC 27607
Subject Property: 2604 Van Dyke Avenue, Raleigh, NC 27607
UT to Southeast Prong of Beaverdam Creek [03-04-02, 27-33-15-2, C NSW]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b))
Dear Mr. Smith:
You have our approval, in accordance with the conditions listed below, to impact approximately 120 square feet (ft2 ) of
Zone 2 of the protected buffers to construct the proposed additional to your existing home at the subject property as
described within your variance request dated February 23, 2004 and received by the Division of Water Quality (DWQ) on
February 24, 2004. 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 only valid 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. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as Identified within 15A NCAC 2B .0233) all 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 (WRP)
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 180 square feet as required under this variance
approval and 15A NCAC 26.0242. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecological 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 .0242, this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. Please
contact the EEP 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 180 ft2 of required riparian buffer mitigation for Impacts to 120 ft2 of protected riparian
buffers; 03-04-02 river and subbasin, 27-33-15-(2) stream index number."
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 .0242) to satisfy this mitigation
1 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)
Greg Smith
Page 2 of 2
April 27, 2004
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.
5. Protective Fencing
The outside buffer boundary and along the construction corridor within this boundary approved under this
authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas
that have been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing
activities to ensure compliance with 15A NCAC 2B .0233. The protective fencing should be removed once
construction is complete.
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.
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. Bob Zarzecki at [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
?J?
Klimek, P
DWQ
cc: Steve Mitchell, DWQ Raleigh Regional Office
File copy
Central Files
DW Q040283
April 27, 2004
bz
O? WAT?R Michael F. Easley, Governor
p William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
- Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
MINOR VARIANCE APPROVAL
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500 and 2B .0233, Greg Smith has permission as outlined below to impact protected
riparian buffers for the purpose(s) of constructing the proposed addition to an existing home. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS
VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOLOGICAL ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-0283
Date: April 27, 2004
LOCATION: Raleigh
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-33-15-2 (stream index no.)
As required by 15A NCAC 3 2B .0233 and the conditions of minor variance approval, 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 the protected riparian buffers.
[Note: Acreage requirements proposed to be mitigated through the EEP must be rounded up to one-quarter acre
increments according to 15A NCAC 213 .0503(b).]
0 acres of Class WL wetlands
0 acres of riparian wetland
0 acres of non-riparian wetland
0 feet of stream channel
180 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 Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC
2B .0242. If you choose this option, please sign this form and mail it 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
ECOLOGICAL ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
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)
n1 n_790_4 70C ML...n..\ 01 0J92RQ0'2 If-% L.H...//L.On nn. .+.+n --
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February 20. 2004
W ET LANUS1401 GROUP
FEB 2 4 2004
WA rERQUACIrySE
CrIoN
Mr. Bob Zarzecki 401 iSSUED
401 Water Quality Certification Unit ,+ vV
2321 Crabtree Boulevard, Suite 250
Raleigh, NC,
SUBJECT: Request for Minor Variance to Neuse Riparian Buffer Rule
2604 Van Dyke Avenue, Raleigh, NC 27607
Dear Mr. 'Z,arzecki:
Please review the enclosed application for a minor variance within "Zone 2 in the Neuse
Riparian zone on the subject property. We have included the required maps, practical
alternative analysis and best management practices for the proposed addition to the
existing house. Please contact Cynthia Grover or Greg Smith at [phone] if you
have any questions.
We look forward to your response in this matter.
Sincerely,
Greg Smith
Cynthia Grover
-20
WETLANDS/ 401 GROUP
FEB 2 4 2004
February 20, 2004
Mr. Bob Zarzecki
401 Water Quality Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC
1 V
WATER QUALITY SECTION
SUBJECT: Request for Minor Variance to Neuse Riparian Butler Rule
2604 Van Dyke Avenue, Raleigh, NC 27607
Dear Mr. Zarzecki:
Please review the enclosed application for a minor variance within Zone 2 in the Neuse
Riparian zone on the subject property. We have included the required maps, practical
alternative analysis and best management practices for the proposed addition to the
existing house. Please contact Cynthia Grover or Greg Smith at [phone] if you
have any questions.
We look forward to your response in this matter.
Sincerely,
Greg Smith

r,,;, /1,7/ .2 0 0?
Cynthia Grover
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 maybe photocopied for use as an original. 0 4 0 2 8 3
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 026 .0259)
? 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. Applicant's name (the corporation, individual, etc. who owns the property): Mr. Greg Smith
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Mr. Greg Smith
Title:
Street address: 2604 Van Dyke Avenue
City, State, Zip: Raleigh, NC 27607
Telephone: [phone]
Fax: (- _ )-- ---- --- _`- ?. -
3. Contact person who can answer questions about the proposed project:
Name: Cynthia Grover
Telephone: [phone]
Fax: ?.-----_.-----__-_?___r__--.---------_-
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002
5. Project Location:
Street address: 2604 Van Dyke Avenue
City, State, Zip: Raleigh, NC 27607
County: Wake
Latitude/longitude: 35.795589/78.666542
UTM 17 710867E 3963791 N
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):
From west on Wade Avenue take Oberlin Road south to right onto Van Dyke. Property is 0.3
miles on right from intersection with Oberlin Road. (2604 Van Dyke Ave.)
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to the Southeast Prong of Beaverdam Creek in Crabtree Creek watershed.
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: NEU02 ID # 27-33-15-2, C NSW
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
T On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
T.._ ^ T Water Supply Watershed Variance
x Others (specify) Minor Buffer Variance
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 ftz.]:
SEE ATTACHED SITE PLANS: 1) City Zoning Setback Limits only 2) City Zoning and Neuse
Buffer Zones 3) Neuse Buffer Variance Area (120 sq. ft in Zone 2 only)
The proposed addition would Infringe on the Neuse Buffer Zone 2 by 120 square feet in order
to build an addition to the existing 1260 square foot house. The proposed addition would
provide interior stairway access to basement laundry room and remove fumes from
husband's woodworking and antique refinishing shop from the interior air of the house (to
bedrooms and laundry room) See plot plan of the site with existing and proposed house
footprint zoning setback limits and delineation of Neuse buffer zones.
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:
Variance Request Form, page 2
Version 2: November 2000
Stairs are needed from the inside of the house to the basement for safety and security
reasons Addition of stairs would require significant square footage at least equivalent to that
of one small room With only 1260 square feet in the existing cottage either the stairs or
additional room would need to be added to the exterior of the house in order to compensate
for lost space Due to foundation constraints and low ceiling heights in most of the basement,
both addition and stairs may need to be added to the exterior of the existing house footprint.
The existing woodworking shop would be moved to the addition with a separate ventilation
system.
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.):
Runoff from the additional 120 square feet of impervious surface within Zone 2 can be
converted to diffuse flow by level spreaders or diffused by use of existing gravel lined
trenches Three to six additional shrubs or trees will be planted to compensate for any
additional nutrients from the roof, and existing woody and herbaceous vegetation will be
maintained to maximum extent possible Silt fences will be properly installed during ground
disturbance to minimize temporary sediment impacts Roof runoff may be collected in rain
barrels for watering flowerbeds if gutters are installed and excess rainfall could be diverted
into subsurface infiltration trenches By employing these best management practices, the
additional runoff can be adequately treated and turned into diffuse flow prior to entering Zone
1 No permanent or temporary impacts to Zone 1 are anticipated as a result of the proposed
rp oiect.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Without a variance access to the basement laundry room would be by exterior stairs in the
back yard alley between house and wooded areas Even with good outdoor lighting, this is
not safe In addition the basement door could provide access to an intruder. Insects and wild
animals also can access the basement at this location. The existing woodworking shop
creates fumes from furniture finishing that enters the air circulation system for the house. Ms.
Grover has been diagnosed as having Chronic Fatigue Immune Deficiency Disorder and is
extremely sensitive to chemicals and exposure to them can debilitate her for several days
after exposure.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The existing house has significantly less floor space than the average of 1700 square feet on
the block and is the only house without interior stairs to the basement. The existing lot is
small due to the deep and diagonal cut of the stream channel along the rear property line.
Approximately 100 feet upstream the stream emerges from underground collection pipes,
which are not shown on topographic maps An intermittent stream channel is depicted on the
Wake County soil Survey. (See attached topo and soil survey maps.)
Cynthia Grover, the owners wife has been diagnosed with Chronic Fatigue Immune
Deficiency Syndrome causing her to become disabled when exposed to chemical fumes,
such as toluene a commonly used chemical in wood stripping and finishing. The potential
revenue from the woodworking and furniture refinishing would supplement retirement income
for the couple especially if Mr. Smith was forced into early retirement from the Information
Technology industry, where he is currently employed. The land within the existing riparian
zone is well vegetated and approximately three acres of mature forest is established on the
opposite side of the stream from the subject property.
(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.
Variance Request Form, page 3
Version 2: November 2000
If the proposed addition and stairwell cannot be added behind the house, the only other
feasible option would be to add a second story to the house which would cost approximately
35% more than the proposed addition The roof pitch is too flat to allow finishing the attic.
Without an addition the owners would be forced to move to a larger house with a significantly
higher level of debt Without a variance the stairs to the basement could not be built, thus
reducing the value of the house Also without a variance the house would be below the
average valuations of the other houses on the block and would likely become a rental
property, thus reducing the market value of the surrounding houses.
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, Greg Smith, (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
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
North
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Greg Smith Property
2604 Van Dyke Ave
Raleigh, NC 27607
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Drawing by: C Grover Feb 6 2004
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