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...
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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
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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
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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