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HomeMy WebLinkAbout20040251 Ver 1_Complete File_20040218O? W AT F9 Michael F. Easley, Governor Q William G. Ross Jr., Secretary o G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director Division of Water Quality Q 'C Coleen H. Sullins, Deputy Director Division of Water Quality March 30, 2004 DWQ # 04-0251 Wake County Page 1 of 2 Kay K. Currin 1219 Secotan Place Fuquay-Varina, NC 27526 Subject Property: Lot F-3, Woodlake Estates, 6613 Brookshire Drive, Fuquay-Varina, NC 27526 UT to Terrible Creek [03-04-02, 27-43-15-8-(2), C NSW (nutrient sensitive)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] Dear Ms. Currin: You have our approval, in accordance with the conditions listed below, to impact approximately 1,800 square feet (ft2 ) of Zone 2 of the protected buffers to construct the proposed dwelling at the subject property as described within your variance request dated February 9, 2004 and received by the Division of Water Quality (DWQ) on February 18, 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) 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) 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 2,700 square feet as required under this variance approval and 15A NCAC 26 .0233. 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 26 .0242, 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 - Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. For accounting purposes, this variance approval authorizes payment Into the Riparian Buffer Restoration Fund to compensate for 2,700 ft2 of required riparian buffer mitigation for Impacts to 1,800 ft2 of protected riparian buffers; 03-04-02, 27-43-15-8-(2) 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 .0242) to satisfy this mitigation 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) nin Leo 4 %oe /rJ.---% non 9eo cone /S--% {.Mr..//L.e....r.re.?..1........../..,......ii..r.,a../ Kay K. Currin Page 2 of 2 March 30, 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. 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 protected buffer. This fencing shall be installed prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and this variance approval. The protective fencing should be removed once construction is complete. 5. 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. 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 (919) 733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, cc: Hal Owen, Hal Owen & Associates, Inc., PO I Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files Lillington, NC DW Q040251 March 30, 2004 bz o?o? wA r- rQ r o `ii? ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, 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 2B .0233, Kay K. Currin has permission as outlined below and within the attached variance approval to impact buffers for the purpose(s) of constructing a house within Zone 2. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate. THIS VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. APPROVAL DATE: LOCATION: COUNTY: BASIN/SUBBASIN: STREAM INDEX NO.: 04-0251 March 30, 2004 Fuquay-Varina Wake 03-04-02 27-43-15-8-(2) As required by 15A NCAC 26 .0233 and the conditions of the 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 or degrade the waters of the state. 2,700 square feet of riparian 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 .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 (919) 733-5208 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) 414-7q'q-17AA fnhnnAl 414-7T1-AAA'1 ffaxl httn•//h9n AncctntA_nr._us/nrwwtlanris/ http://imaps.co. wake. nc.us/i maps/printmap.asp?pin=0667892960&pin... wrwl*vl- T Cf V020 WAKE COUNTY Parcel Number: 0667892960 Map created on 2/23/2004 2:37:17 PM. Copyright 2003. City of Raleigh, Wake County. REID: OWNERI ADDR 1: 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: ZONING: OLD PARCEL NUMBER: 56 78 9 9 4 10 ADDRESS ST NUM: ST MISC: DIR PREFIX: ST NAME: ST TYPE: 0 1 2 II DIR SUFFIX: 0103487 CURRIN, KATHERINE K 1219 SECOTAN PL FUQUAY VARINA NC 27526 09660 1695 10/14/2002 1.18 0 9200 INDIVIDUAL LOT F-3 WOODLAKE EST NO 6 (BM 1977-495) 066702 0667892960 WC MIDDLE CREEK 0 2000 2/1/1981 Vacant 0 VACANT R-30 821-00000-0067 6609 BROOKSHIRE DR 1 of 1 2/23/2004 2:37 PM HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P. 0. Box 400, 266 Old Coats Road Lillington, NC 27546 Phone (910) 893-8743 / Fax (910) 893-3594 E-mail: haloweiWintrstannet f- 12 February 2004 Ej Division of Water Quality FFR '?'0(/?p 1650 Mail Service Center . Raleigh, NC, 27699-1650 ?gjFRQ? ??%r Reference: Neuse Buffer Rule Minor Variance Request ?`/jysFCj/r7 Lot F-3 Woodlake Estates (PIN 066702799986000) N Dear DWQ Specialist, Attached ple e find copy of the minor variance request for the above referenced property located a 6613 Brookshire Dxrve, Fuquay-Varina, NC 27526. A site visit was conducted in October 003 with Mrs. Deborah Edwards, Hydrogeological Technician for the Division of Water Quality Groundwater Section, to confirm the applicability of Neuse River Buffer Rules to the unnamed creek that runs along the subject property. After this consultation, the top of the creek bank was survey located and the extent of Zones 1 and 2 were indicated on the map. It is the owner's desire to construct her home on this lot, which will necessitate that 1800 square feet of Zone 2 be permanently impacted. As indicated on the attached map, no practical alternatives exist for this lot that would reduce the amount of buffer impact. I trust that this provides all the information that you require to grant the requested minor variance. If you have any questions or need additional information, please feel free to contact me at your convenience. Sincerely, K?oia- Z . D4 e,sro,, b Krissina B. Newcomb Environmental Scientist III CC: Kay Currin (Owner) Soil Science Investigations • Wetland I)elineations, Permitting, and Consulting OFFICE USE ONLY: Date Received Request y ; 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. Please identify which Riparian Area (Buffer) Protection Rule applies. Y"'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) o Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 026 .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): Ka-,v AC • Cccrr•; n 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Ilj ay Cur'r;rl Title: Street address: 1219 5e- c otan Place City, State, Zip: rQ "ay - Var #na , MC 2'7 5 2 Co Telephone: 919 552- - -7S39 Fax: 3. Contact person who can answer questions about the proposed project: Name: H41 Owen or Kr?5s?nq Newcomb Telephone: 9/D 993 87 4/3 Fax: 9/0 893 - 3594/ Email: h4lowen ® infr5+ar. ne-' 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Lot F=3 Wood laKe Es+a+e5 5. Project Location: Street address: (pCn 13 g rooK sh,r-C Jr;ve_ Version 2: November 2002 City, State, Zip: F_(A?e. claY. varina ' /VG _ 2'7 S 2(0 County: WQ Latitude/longitude: lV 35 °_31-0C' W-7g* '/(o •_2y 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): rroOn__ N. Main Strae.+._ i.n_ ><agaay-Varina, 414rn north 04. Sunse-f __ flake _ Road--'tr'avel 5%4 m;/es, on 8roeKsh;rc Dr1J2 . T rn ri jh+ on Kens;n9 -; Drive - Got is im,,,ed;,Q on right (SW corner - o-' 5rcp Sh;re- and Kensington) 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): U T fo Terr,'6/e CreeK Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: e 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 X 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.) 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 ft'.]: Mr:0 Carrin wishes 4o consfr•uc+ her home On -A,'$ /of- wh;ch will be_ served by an ;nd. widual well a.,d sejof;c sysfe.». The- 4rea of proposed baff r Zzafarinf t inclodes Aet ho,,,e Qnol 4 /O f+ cons4rKcfion 2onG 4ro",%d -fofub'n 1800 s. 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: vO\ Po+en48'41 hauSe 10evf1on5 are Ild'nNd 6y, 44e Presence- of rioed hgzard SONS ) Ini111 I at4,n sl.hdwision se46ec9 retu;reMe'1'ts ffrbnt SCW+), n'sl SepWc loco+io,, , 4n d well p4cerneA+ T,!%J _&a - was recorded iq /970 prior- to At esieWrhmelt W Neuse 8of4er 41e5 4,7W envoy counf), a?;ogs 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.): 47 :r,'* Wince w;ll be pl4ceai ;round 'fie Perimeter 01" 4Ae areas of d if r4,dl fo ;nc.&*_ *%c house , dr•;ve way 1 44 d stet c sysftol (,;,-kv/? - Variance Request Form, page 2 Version 2: November 2000 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. l 0215. C(Atr;riS /of VOW le 4AJ4,1WQA'e and WotAkA CdusL Ms • C,.crrsn 0. 5190:?c.Qr,+_ -(,in Gncaal Sa+bctcK• (2) How these difficulties or hardships result from conditions that are unique to the property involved. / t /Xs. earrin reae.'ved 4h,s let i4 htr dirorc& 44CI L443 CM4~t O ds "*,,y /IAhYWieAs t+ it n4rrea, dom;n4fed by 469a hv-,pr,d sods, 44d 4t creek ra„s 4lon, *4- en4ire. le JA ? the side pr"rlli ke.-'rhs •ns;+e se'};c Sys4,ew, Mail- be placed ;?I Ae "Si4le sails of -At of fbe I t WtFl,InJS Ind clovd hezord So,/s A.%ve. 6e*, auo,eled q.,d oht Zo.4e Z of A& Ntasc R:?er 5,v0Ver is pr-posed 4o be. i Kpao?eA- (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. /rjs. C[lrr?q 's /of' is -/oo :54%-&// -?a be iAN, ze d 4s 4 wooo114441 ma?Qq?a?e?t 4n,)", 4nd N/oa/d h4vc Ac v4/?tc, of a W,2S4-e(4,,,d iF ghe were. 204114 40 b4,%d an if . 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): Nq/ Owen £ A$S*4des , fi'n' Mailing address: Pa. Box 400 City, State, Zip: C.illin ton , NG 2751/(o Telephone: (910 893- 87y3 Fax: (9/0) 69 3 -359'1 Email: Aq/owen & intrsfar.>nef- Part 5: Applica is C rtification I, Yr j (print or type name of person listed in Pa tem 2 , certify that the information included on this permit application form is correct, that th project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Parlof this form will be recorded with all required permit conditions. J • Signature: Date: , q- 100 Title: Variance Request Form, page 3 Version 2: November 2000 l ? ? I i -,a 1J?--.' . ?` , t ?? `l f, . < ? ; I t r (?' ' r" r C ? ` ; 1,,A ' l\r??• ?... 1 ! 1... _ I , ar {Y T y is ; "s 5• _ ` V `, ` ?-3, ? J !r C .I ' ? I ? Il' . ??? ? , fi ? ? ? • .. n ? ?' jr ? \ . r• ?; 'ls;;1'? / I ? , 13D} r r• r?; , i = t, --`,,? (ta la F nr.;, r r, r j II 77, ll ?` ,tl r •1 r?? t Woo e e tale 1401 ?; 'If i \'" ?\'' ',;' -• • 1 \ .\ \ s '\ ear ? ' (r / L j 7 R '? `. .\.. 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N 3-D TopoQuads Copyright V 1999 DeLorme Yarmouth, ME 04096 Source Data: USGS---j950 ft Scale: 1 :24,000 Detail: I3-0 Datum: WGS84 gimisca--1lcumnka. e 0 ,2-2004 Lot , Wood Lake Estates Subdivision (Kay Currin) On-Site Wastewater Design Specifications ?/ 54 E House Footprint: 40ft X 65ft No Foundation Drain 22? 01 ' Bedrooms: 3 (360 qpd flow) JIial System: Pressure Manifold to Innovative on contour at 18 itches Effective LTAR 0.4 gal/day/sqft / Repair System: Low Pressure Pipe System --*/ on contour at 12 inches er"W. LTAR 0.15 gal/day/sqft 50.00 feet 1:600 .?1ap Legend EIP Step-Down Proposed Well Existing; Well Septic 'rank Arco- d-P I %L454-e'r T Pam If:s T' vn cD cl? 1 Pump Tank O D-Boa ® ''Ilanifold Lines 1 - 3 flagged at site on 9-ft centers. Lines 4 - 13 flaqqed at site on 5-ft centers Initial/ Repair Line # Color Drainline Length(ft) Measured Field Line Length (ft) Relative Elevation (ft) Initial 1 W 80 80 106.65 Initial 2 Y 110 110 105.55 Initial 3 B 110 110 104.84 4 R - 31 104.52 Repair 5 B 55 55 103.91 Repair 6 Y 60 69 103.43 Repair 7 W 65 79 102.87 Repair 8 B 75 88 102.34 Repair 9 Y 60 65 101.55 Repair 10 R 60 60 100.71 Repair 11 W S3 53 100.07 Repair 12 B 52 58 99.56 13 Y - 61 98.97 Pump Tank: 102.43 Z I O'Ops - i I, I ' \ S I a `\\ J \ q \ T w *0. 5-\O C3 'n 3° tiq ?o q y' tip 1 qSS 1 ?c bl) W N N J M w L -?o I 5u \ Flo 0 'C: C) )1Z7, Total: 780 919 EIP = 100 The unsuitable soil area has been transfered from a hand-drawn map and is approximate. 09/ 1 7/2073 1.-: 17 919467 $65_ RIDGE'S/IEW i10LT4SELI,,6 PAGE 02 09P-• 1 i'--ZVOt 0 7 :24 kM H" -t- OtArh+ a ASSOC INC 910 c9'P 3594 r . tiR 17 September, 2003 Property Description: Lot F-3, Woad Like Eitates 66:3 Brookshire Orivc A'ake County, North Carolina 1, Kay Currin, ps owncr of the abovc referanced proncrty, authorize..vir, Hal Owen of Dial Otiken & Associates, :ne. to act in my behalf " my agent in dealings with the NC Division of Wetter Quality in refemec to cusc River Suffer Regulatitn:s. AL, sign tore Date