20090183 Ver 2_Minor Variance_20090914

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KELLER ENVIRONMENTAL No?gr 1 EGG
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ENVIRONMENTAL CONSULTANTS IgQUli??ry
7921 Haymarket Lane, Raleigh, NC 'r9
[phone] ?Q6
Fax [phone]cy
pq- o? S3 ue.c I
LETTER OF TRANSMITTAL
TO: NC Division of Water Quality
WE ARE SENDING YOU THE FOLLOWING:
® Minor Variance Request Form M Plans
® Documents ? Other
THESE ARE TRANSMITTED AS CHECKED BELOW
M For approval
M Please reply
? Regular Mail
M As requested
? See below
? Fed-Ex
DATE: September 14, 2009
ATTENTION: Cyndi Karoly
RE: The Landings Lots 135 & 136
M Maps
M For review & comment
M For your files
M Delivered by KE
? Specifications
Q Picked Up
COPIES DATE DESCRIPTION
3 9-11-09 Cover Letter
3 2-19-09 Minor Variance Request Form
3 3-5-09 DWQ RFMI letter
3 USGS Ma
3 Vicinity Ma
3 11-20-08 The Landings O&M Agreement
3 2-21-03 DWQ Stream Letter & Ma
3 Lot 135 & 136 The Landings Subd. Revised Storm Drainage Plan Details

THANK YOU!
Rec'd By: Signed
4
KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
September 11, 2009
Cyndi Karoly
NC Division of Water Quality
401 Wetlands WQ Certification Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: The Landings Subdivision
Lots 135 & 136
Minor Variance Request
Raleigh, North Carolina
KE Job No. 0814
DWQ Project # 2009-0183
Dear Ms. Karoly:
On behalf of Carlton Point of North Carolina, LLC, thank you for assistance from your
staff. We are submitting the additional information requested from written correspondence on
March 5, 2009. We are requesting for NC Division of Water Quality (DWQ) written approval
under the Neuse River Buffer Rules. We have addressed your included written comments in the
following paragraphs.
Diffuse Flow
Per the requirements of the Neuse Riparian Buffer Rule, you must show that this
site meets diffuse flow requirements with a level spreader or other BMP per
Chapter 8 of the BMP Manual (see htta://h2o.enr.state.nc.us/su/bmt) forms.htm).
Your underground level spreader is not approvable by DWQ since it will not
provide diffuse flow. Please redesign your level spreader to comply with DWQ's
BMP Manual. You must submit the applicable worksheets and O&M agreement
for the level spreader with your redesigned plans.
On June 23, 2009, KE staff delivered and provided the requested underground level
spreader (ULS) plans and details to Ms. Annette Lucas. Prior to this submittal, field
verification of the sites were done on May 14, 2009. According to DWQ rules [15A NCAC 2H
.0507 (A)], if final action is not taken within 60 days, the Certification is waived unless DWQ
has objected in writing to your application. Therefore, it is acknowledged that the ULS
structure is an appropriate diffuse flow structure for this site since it has been more than 60-
days since submittal and correspondence from Ms. Lucas on June 23, 2009 "Thanks, we'll
look this over and get back to you - it may take about 30 days though."
We are requesting finalization of the minor variance for Lots 135 & 136 at The
Landings Subdivision in northeast Raleigh near the intersections of US-401, Mitchell Mill
Road (SR 2224), Forestville Road (SR 2049), and the Neuse River. The addresses for Lots
The Landings Subdivision
NRB Minor Variance Request
September 11, 2009
Page 2 of 5
136 and 135 are 3126 and 3130 Groveshire Drive, respectively. A site meeting was
conducted on April 21, 2008 that included the owner, home-builder, contractor, engineer, Ms.
Landry, and I. At Ms. Landry's request, we removed the pre-existing discharge pipe end and
earthen material and placed the scour hole / dissipater pad structure as seen in the following
photographs.
Significant economic hardship has been placed on the Mr. Davis and his builder.
Several prospective buyers have avoided purchasing these homes because of the liability
and/or other concerns from the existing stormwater structure.
We are requesting permission to convert the existing structure to an ULS in Zone 2 of
the riparian area of the unnamed tributary to the Neuse River. Please refer to the existing
and proposed details below. Several additional meetings and correspondence have been
conducted. They include:
• January 2009 & Fall 2008- verbal authorizations from Annette Lucas to use
ULS' upon providing her 5 working sites.
• April 27, 2009- provided Annette Lucas with 6 existing ULS sites.
• May 14, 2009- Site visits conducted by Annette Lucas & Jennifer Jones
• June 23, 2009- Provided additional details to Annette Lucas & Jennifer Jones
Existing:
The Landings Subdivision is an existing residential subdivision. Groveshire Drive is
located in the eastern-half of the subdivision and ends just beyond these two lots. Three lots
below this Area of Concern (AEC) and along the same stream is a neighborhood park.
There has been observations and evidence of kids playing in and around this existing
stormwater outlet area. As seen on the following page, there is an existing stormwater outfall
located at the rear and between the two homes. Beyond the two homes are two small grassy
areas and ridge. This short but abrupt ridge is located immediately above the silt fences and
the Zone 1 line. The Zone 1 area between the silt fences and stream is very flat and densely
vegetated.
Safety & Structural Concerns:
There are several safety and other concerns about the existing structure. They
include the following:
• Potential damage to home foundations resulting from removal of previously
existing discharge pipe(s) and soil
• Vandalism to homes due to vacancy from inability to sell homes
• Discharge outlet's proximity to the homes
• Drowning or serious injuries in the outlet pipe and scour hole area
• Kids playing with the large rocks and lodging them inside the outlet pipe
• Removal of the large rocks to inappropriate areas
0 Narrow and steep passage between the outlet and homes
The Landings Subdivision
NRB Minor Variance Request
September 11, 2009
Page 3 of 5
4.4Southeastern view from lot 136 of stormwater discharge area and Lot 135 home.
ouuti it:, 11 view irum iut i so or ine silt rences and Lone 1 riparian area.

The Landings Subdivision
NRB Minor Variance Request
September 11, 2009
Page 4 of 5
Eastern view from lot 135/136 lot line of the silt fences and Zone 1 & 2 riparian areas.
Proposed:
Please refer to the attached underground level spreader (ULS) detail plan sheet. We
are proposing to place this ULS between the above -seen silt fence and the small ridge at the
rear of the homes. This location was determined to be the best since it is directly below the
small hill behind the homes and furthest from the stream. All of the stone will be removed.
The outlet pipe will be extended 20 -feet to a T -fitting. This T -fitting will have approximately
32 -feet of pipe extending from it east and west. The outlet pipe will consist of 15 -inch
diameter perforated plastic pipe surrounded by gravel. North American Green P300 fabric
will be placed along the surface to facilitate the growth of the new grass.
Options such as bioretention and above ground level spreaders were considered.
However, these did not remove the safety and other concerns of the above -ground
discharge. Secondly, it does not appear that there is sufficient area for a bioretention cell
within Zone 2 and DWO staff has informed us that they do/will not recommend a major
variance to the NCEMC. The topography behind the homes is also very conducive to the
ULS since they are narrow and can fit within the confines of the small ridge and Zone 1
buffer line. Upon completion of the ULS installation, we will conduct regular monitoring to
ensure its success. This includes video -documentation and providing it to your offices.
.qtnrmwater-
The drainage basin for this stormwater outlet encompasses approximately five lots
and 0.75 -acre. The drainage basin is entirely built -out. This ULS will provide the necessary
sheet flow into the adjacent riparian area. The current discharge of the RCP is 4.7 CFS and
the 15 -inch diameter ULS should clearly handle the storm events.

The Landings Subdivision .
NRB Minor Variance Request
September I 'l, 2009
Page 5 of 5
Thank you for your assistance with this endeavor. We look forward to receiving your
written approval soon to remedy this current situation. If you should have questions or require
additional clarification, please feel free to contact me at [phone] or email-
[e-mail].
Sincerely,
Keller Environmental, LLC
G
Jay Keller
Principal
Cc: Marshall Davis, Carlton Group of NC
George A. McIntyre (P.E.), McIntyre & Associates
Attachment:
• March 5, 2009 DWQ RFMI letter
iNAT A4ich,,wt r. Ea tey, Governor
?J William {i. scoretary
NOl'th C.i1rOllnR. I..) vi,tllielit of* Iinviromlient and Natural Resou ct;<
O <
Cofeen ti Sullins, Director
Division cif Watet' Qualit,,
Variance ?Vq`ncst Form OR- o 083 U?,
(For Minor and Major Variances
Protection and Maintenance of Riparian Areas Mules
NOTE: kris„fiorrn may he photocopied -
Check the appropriate box below:
i i Major Variance
`Manor Variance
Please identify which Riparian Area Protection Rule applies (Notre-this must be one of
North Carolina's four bul-fe.rect river basins. The River Bain map is available at
I/Neuse River Basin: Nutrient Sensitive Waters Manage=ment Strategy
Protection and Maintenance of Riparian Areas Rule (15A NC;AC; 0213.023:0
u Tar-Pamlico River Basin-. Nutrient Sensitive Waiters Management' Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213,0259)
Part 1: General Information
(Please include attachments if the room prat?ided is insr fficiew.)
Applicant's nan'le (the corporation, individual, etc, mho tons the property): ..._Caritoll Group of
North (?:'r+rc>1_it»,._LLC:.
2, Print Owner/Signing Official (,person legally responsible for the property and its compliance)
Name: Marshall. Davis
Title:
Street ad di-ess: 95 New Clarkstown. Road
City, State, Zip: -Na.nuet, NY 10954
..........
.._
Telephone: ($t.5_)_37i,.-.6600 __.__..._._.__._.._____.........__............-...-_-_
Fax: £??-25351
...._.. __.1, _-= -__.........._....... .................._ __ __....._.....__ __?_ -__.............................. - _ ?..---
Contact person who can ansiver questions about the proposed project:
Name: Ja)? Keller
....... _....
Telephone:
Email: -Jiiv!I,DkellereayironCilt faic? .C Olil ?
Version 3: January 200£3
Project Name (Subdivision, facility, or establishment mime •• consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
''he._Landin?),s__Subdiy-isi-on Lots .._I35 &_13c5 ----
Project.1-ocation:
Street address: 3126 & 3130 C:?roveshire. Drive _
_ - .... - ....._
City. State, ;dip: l2 rlei??h?NC _27610
County: Wake
Latitude/longitude: _35,_86210/' 78.5248
6. Directions to site front nearest major intersection (Attach an 8 'ia x I I copy of tile UISGS
topographic map indicating the location of the site). US-401 Nort:h_tc?.,_M.itchell Road_ Turn right
and irnmedi.l tekta.ke next ri zizt_.(Neuse C'rossin..- Dr e- _ PA- ceed . 0.88-ynile on Neuse_ I ossin
Drive._ burn ri altt_on Groveshire and lots are 0.3-tT)'Ie on left.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "U'T" to the nearest named stream):
UT to Neuse River
Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit 't'ype:
CAM A MaJor
CA'MA Minor
401 Ceti if!cation/ 04 Permit
On-site Wastewater Permit.
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Other's (specify)
Part 2: Proposed Activity
(Please itrc°lttci'e attachments if the t rtorrt prvvicled is insacrficiei-70
Description of proposed activity [Also, please attach a map of sufficient. detail (such as a plat snap
or site plan in Adobe (pd-) format) 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 hi ftz.: . Wc....l7rLonosq. tU__convert.,afr existing..stormwatt;r surface-,dischar?,?e.. to an
undt°irourul, level spreMader ('i ';).. Please refer to thc._Ltttacl3ed._`te ifo_1-_the pr?l?osed aetrvit?'.
This will involve removin.g,t1ie exlstinrr_riprap fiom...Zone _2 and adiacent,upland area, ._Currently,
there is 25-linen feet o rt -rpal) extendint; firom the outlet. t. of which 20-linear fLet is in Zone 2.
"Phis scoter hole/ dissipater structure is atzproxrmatulti 1.04'eet wide__ Teamxartarv impacts
associated with this new structure are 156-soUnre feet. This includes 130LsamLai•e feet for the
U LS and _-26-sciuare feet for , the extensit?s?__??se.,,.____ No impacts.... to Zone I are
anticipated,.. W ?.., _...,_
Variance Request Firm, page. 2
Version 3 )antmr} 2008
2. Jill in the table below to identify the square footage of impact to Zones I & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
I Buffer impact i
Zone of Impact in ; u nber i Purpose for Multiplier ! Required
Impact Square Feet (indicate on ! the impact i Mitigation
Plan Shut)
Zone 1 0 i 3
Zone 2 156 S.:Dmiwater 1.i
Structure
'fatal 1:5fi
*7one 1 exte:.rtds out 30 feel perpendicular from the most landward limit of the tap of bank or the rooted herbact,,ous
vegaataaion; Zone 2 extends an additional 20 feet from the ode of lone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomptished, reduced
or reconfigured to better minimize or eliminate distt.u-bance to the riparian buffers:
The__ urpo ed_of_the proposed .activity _is to provide _a,.safe:r environment. in the area. of concern
_;[I7e_ctir-rent_ stortnwate r discharge is located between and di edit( next to_trvo..hornes.
Fxt?ltdii the o? t(gt_pi c20- eel v?tiI place the U 5 in Zone, 2.--This locatioli_ws detctmtnui to be
the best since it is directly below the s.nlall hill behind the homes and furthest from the stream. 'I'lie
area below tllc }?Lptjgs d UL S is very._f]at;,_and vc.gctation_is,yerythic}c_--Options_such as bio etentioll
and above oundlevel ,s Treaders were c;onsidered__ _I lowever,_ these,_ did... not remove the.. sa eny
concerns of the arbor e ground disc hrnr
Description of any best management practices to be used to control impacts associated with this,
proposed activity (i.e., Control. ofrunoffffrom impervious surfaces to provide di.l.'fuse flow. re-
planting vegetation or enhancement of existing vegetation, etc:.'):
The. AEC is nu)st:ly Upon tnstallinl- the the ltl ?i he area wtll_.be hand 7raded& seeded alon f
the disturbed area, The;ULS structure will he coin le IV rand r(?rcnitld therel?v, gitly_reducin
the aurrcnt_safetv concerns and orovides._di.ffusc_flow to the. stream.Ttrc urass_should re-establish
C?tliGldV since: it will have sufficient nutrients ?tricl__hydr(>7;rti„ frifsri the b4ii yv.- structure: By
Tt'nl()Vlilg._flle ('?el5tt11f;r11L_1'il') Si: (.}tli, f1Ult and (11Sslpilt t...pd?jti_ his \irtjl free a lot of area to be
converted te) CitRS
5. Please provide in explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Die current disci argq-.is tilaccentabie_due to safety concerns, economic ._hardshnd aroximity. to
the two hornes ['li current structure _i5._3 lots away „frotn_-a nei???hhciil}oocl }park arid. there. hs...been
--- ......................
observations and evidence o;f_kids, ilavin in and_rzr(ound.i:his_strructure. It, is.-rxlso„very cliff ic.rilt-.tc3_walk
around the hanaes-_in the di.W)arae area due to_hiah slones and marrow iround *I'he t?1'Olionics Kaye
been unable to sell and we bclievt:...c..orrec?, issue, will. .breailvimprove the._pj babilttti. f thcsc
homes to sell -
(2) flow these difficulties or hardships result from conditions that are unique to the property involved.
'T'hese hardships Irre unique to. 111is_qperty„becairse of _the proximity of ijre honies_to the current
stormwater disef arae..and stream. l_here are mariv kids ._alon z Gr_oveshire Drive and ream, of them
play in_the adjacent park ne Yt lle c ril -d -sac 3,kits c3cfrvn. "i`h15_paa i?.. is also locate c! alc>ug_titc. s<rmc
stream real ll
Variance Request Form, page 3
Version 3 January 2008
(3) if economic hardship is the major consideration, them include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
The two homes have _been unable t , sell and we be#_ieve_.correcting this issue will areativ,
lder's_probability of these ornes to sell. Bv_SE Milli' these homes, the entire?rolaartion of fi.nalic cal
ltatc3ship will be_..l t»o?cd from the builder. 'The existing 571t._fence(s) will re lain since they sire
atteratin correct! the veL,te mion becoming mat?rt? they will be removed Keller
Environmental (NC BMP inspection-and, Maintenance Professional #743) will also maintain and
insjnect the.. UL S on a i ei?vlar basis.
Fart 3: Stormwater
Provide a description of all best management practices (l3MPs) that will be used to control nutrients
and sedimentation impacts associated with the proposed activity. Please ensure to include all
applicable operation & maintenance agreements and worksheets for the proposed 13M.1 1's. Also,
include the. BM's on your plan sheets. ^f he..cxtSUng_siIt fence s vvill remain since t}ie are operiti
correctl}... L'pc?tf._t11c., vegetation (lecmm?ig itfature .they ?? ill be renlove:d _.._h,.eller l:;nviron mental ('fit
1.31?9P Iris.pection_ ?&_ Maintenance Professional 4743) xv?ill also maintain Mid inspect the tii_Soil a
regtflar ba,r>_ Evidence of the _?rit er functioning.. of the U LS w.ili--lice provided to DWQ after
Attach it description of how diffuse flow wvill be Maintained through the protected riparian
buffers. Please ensure to include ail applicable operation & maintenance agreements and
worksheets for the proposed diffuse flaw measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.
1 'hat will be the annual nitroven load contributed by this site after developnt.ent in pounds per
acre per year without structural E3.'MPs (stormw•ater pond, wetland, infiltration basin, etc)`? Attach
a detailed plan for all proposed structural stormwater BMl's.
Drainage - Size ty, Post-tleveloprnent ? BMP nitrogen6 Final Final --
has-in drainage nitrogen 6lrttr(ling removal nitrirgetaf nitrogen4
1)asin rate without B?i• p.s'r of flcienrt"' loading rate loading
{ac) (1113/czc/t rk CN) (11131400 r) _I` onz
drainage
hasin (ths}
.1 0.75 Ac.

---- -
_ a, - _?

' Attach calculations anal rcf?>r"Laces.
s /Ittach culculations awl references.
r' hrclrule Phost)horus in the Tar-Purnlico Basin
4. Attach all ,tppiicable suPPIertrent form(s) and Inspection and Maintei:iance (l&tvl) Form(s) to tllis
completed application. The applicable sLipp leanental form(s) and I M form(s) for the proposed
BMPs noted in your application can lie downloaded from the following w•ebsite:
I ttp: ;'h2o.cnr:state...rrC.US?Slk,lbir_l?._tr r?_n_,han
Variance Request Fonts, page aVersion 3 Januar) 2009
Part 4: Proposed Impacts and Mitigation
Provide a description of how nl1'tist ation will be achieved at your site pursuant to 15A NCAC:
213.0242 for the Neuse Basin and 15A NCAC 21-3.060 for the 'l"ar-Parnlico Basin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan.
to include plant type, date of plantings, the date of the one-time fertilization if) the protected
riparian buffers and a plan sheet showing; the proposed local ion of the plantings. A guide to
buffer restoration can be downloaded at the following,vebsite:
Ltti)://www.p c_ eel.netJtrews/report;s/buftier•s,odf
if payment into a buffer restoration fund is ho?v you plan to achieve your mitigation requirement,
then include an acceptance letter from the mitigation bank you propose to use statint; then have
the mitigation credits available for the ridtio tion reque ted.
Part 5: Deed Restrictions
By your signature in fart 5 of this application, you cert fy that all structural stormwater BMPs
required by this variance shall be located in recorded stormwater casenlents, that the easements 'will
run with the land, that the easements cannot be changed or deleted without colic urr-encc: from the
State, and that the easements will be recorded prior to the sale ofany lot,
Part 6: Applicant's Certification
i, Mgrs,llzi l l?ay is (print or type name of person listed
in Part 1, 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 tine deed restrictions
in accordance with Part S of this form will be recorded with all required permit conditions.
f, ?fJ? ,'f/ j ? I p
• .. ?L, dyL ?t J,/?/ ({
Date:
Title: Partner
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and neaps in Adobe
(pdo format on a CD or floppy disk..
Variance Request Form, page a
Version 3 January 2008
Part 8: Checklist
A complete application stlbrn.ittal cons'i5ts of the following, components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC. meeting at which YOU wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
• Original and two copies of the Variance Request Morita and the attachments
listed below,

.. • A vicinity map of the protect (see fart: 1. Item 5 )
.
?..,- • Narrative demonstration of the need for a variance (see Part.,)
` ?' • A. detailed narrative description. of titor'Jnwater tr'e£tttnet).tiali.a.n,.IJ.:eiiieiit (see Part
`............ • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
=? ... loading, estimates (see Part 4)
• Calculations and references supporting nitrogen. (phosphorus in the Tar-
Parnlico Basin) removal from proposed BRIPs (see Part 4)
• Vocation and details for all proposed structural storm'ater BMPs (see Part 4)
)
• for each
Three copies of the applicable Su element corms and I&M Form(s
r-, BMW and/or narrative for each innovative BMP (see Part 4)
yF j """
i • Three copies of plan,,, and specifications. Including:
t 0 Developiner'it/Project name
........ 0 Engineer and firm
end and north arrow
0 Le
f g
0 Scale (i" -- 5O' is preferred)
0 revision number & date
?? 0 Mean high water lull" (ifapplicable)
0 Dimensioned propertylproject boundary
±r C..... 0 Location map with married strects or NC State Road numbers
0 original Contours, pr'opOSed Contour's, spot elevations, 'finished floor
elevations
0 Details of roads, parking, cut-de-sacs. sidewalks, and curb and gutter
0 footprint of any proposed buildings or other structures
0 Wetlands delineated. or a note on plans that none exist
0 Existing drainage (including, off=site), drainage easements, }wipe sires.

i runoff calculations
b
d
l
d
'
D
° ...-. ineate
rainage
asins
e
J
0 Perennial and irttermittent streams, ponds, lakes, rivers and estuaries
0 I:.,ocation of forest vegetation along; the strea.nis, ponds, lakes, rivers anti
estuaries
Variance Request Form, page b
Version 3 January 2008
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 5, 2009
DWQ Project # 2009-0183
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Marshall Davis
95 Clarkstown Road
Nanuet, NY 10954
Subject Property: The Landings Subdivision, 3126 & 3130 Groveshire Drive, Raleigh, NC
UT to Neuse River [030402, 27-(22.5), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Davis:
On February 20, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated February 19, 2009 regarding your request for a Minor Variance from the
Neuse Buffer Rules (15A NCAC 2B .0233) for the subject property. DWQ is required to prepare a
"preliminary finding" /"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 we receive the additional information requested below, we will place this project on
hold as incomplete until we receive this additional information. If we do not receive the requested
information, your project will be formally returned as incomplete.
Additional Information Requested:
Diffuse Flow
Per the requirements of the Neuse Riparian Buffer Rule, you must show that this site meets
diffuse flow requirements with a level spreader or other BMP per Chapter 8 of the BMP Manual
(see http://h2o.enr.state.nc.us/su/bmp forms htm). Your underground level spreader is not
approvable by DWQ since it will not provide diffuse flow. Please redesign your level spreader to
comply with DWQ's BMP Manual. You must submit the applicable worksheets and O&M
agreement for the level spreader with your redesigned plans.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me and to Lauren Witherspoon of the DWQ Raleigh Regional Office. If you will not be
able to provide the requested information within that timeframe, please provide written confirmation that
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
One
NorthCarolina
,Xaturalj?y
An Equal Opportunity \ Affirmative Action Employer
Marshall Davis
Page 2 of 2
March 5, 2009
you intend to provide the requested information, and include a specific timetable delineating when the
requested materials will be provided. If we do not hear from you in 30 calendar days, we will assume that
you no longer want to pursue this project and we will consider the project as returned. Please call Ms.
Amy Chapman at [phone] or Ms. Cyndi Karoly at [phone] if you have any questions.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
Cc Lauren Witherspoon,DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 090183TheLandingsSD(Wake)Nl3R On Hold
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Permit Number:
%k (to be provided by DJVQ)
Drainage Area Number:
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
- Immediately after the filter strip is established, any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks).
- Once a year, the filter strip will be reseeded to maintain a dense growth of
vegetation
- Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation.
- Two to three times a year, grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC,1993). Forested filter strips do not require this type of maintenance.
-- Once a year, the soil will be aerated if necessary.
-- Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours
after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be perforined as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire filter strip Trash/ debris is present. Remove the trash/ debris.
system
The flow splitter device The flow splitter device is Unclog the conveyance and dispose
(if applicable) clogged, of an sediment off-site.
The flow splitter device is Make any necessary repairs or
damaged. replace if damage is too large for
repair.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev. 3 Page 1 of3
A
BMP element: Potential problem: How I will rernediate the problem:
The Swale and the level The swale is clogged with Remove the sediment and dispose
lip sediment. of it off-site.
The level lip is cracked, Repair or replace lip.
settled, undercut, eroded or
otherwise damaged.
There is erosion around the Regrad.e the soil to create a berm
end of the level spreader that that is higher than the level lip, and
shows stormwater has then plant a ground cover and
bypassed it. water until it is established.. Provide
lime and a one-time fertilizer
application.
Trees or shrubs have begun Remove theta.
to grow on the Swale or just
downslo e of the level 4.
The bypass channel Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then
reestablish proper erosion control.
Turf reinforcement is Study the site to see if a larger
damaged or ripap is rolling bypass channel is needed (enlarge if
downhill. necessary). After this, reestablish
the erosion control material.
The filter strip Grass is too short or too long Maintain grass at a height of
if applicable). approximately three to six inches.
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Sediment is building up on Remove the sediment and
the filter strip, restabilize the soil with vegetation if
necessary. Provide lime and a one-
time fertilizer application.
Plants are desiccated. Provide additional irrigation and
fertilizer as needed.
Plants are dead, diseased or Determine the source of the
dying. problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application.
Nuisance vegetation is Remove vegetation by hand if
choking out desirable species. possible. If pesticide is used, do not
allow it to get into the receiving
water.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality local Regional Office, or the
outlet. 401 Oversight Unit at 919-733-1786.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3
Permit Number:
(to be provided by D'WQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:The Landings Lots 135 & 136
BMP drainage area number:.
Print name:Carlton Group _of North Carolina LLC By: Marshall Davis
Title:Manager/Member _
Address:5882 Faringdon Place, Suite 200
Signature:.
Date: 11-20-08
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold slid a resident of the subdivision has been named the president.
1, _Morton N. Silberberq , aNotary Public for the State of
New York -,.County of Rockland , do hereby certify that
Marshall Davis personally appeared before me this 20
day of November , 2 8 and acknowledge the due execution of the
forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.
Witness my hand and official seal,

MORTON N. SII.BERBERt3
Notary Public, State of N.Y.
No. 4 ir99869
Oualired in Rockland County
Commission Expires Aug. 31, 200q
SEAL
My commission expires 08-31-09
Form SWTJ401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3
Jul-23--03 08zO4A Daniel J. Bliley
State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
919 934 8610 P_01
NCDENR
r4CW" f QWOLI" Er" OF
F-mv4Ro"r4F-JT ^mo NA t^^L RESOURCES
Division of Water Quality
February 21, 2(103
Daniel J. Bliley
614 South Second Street
Smithfield, North Carolina 27577
Subject: Neuse River Basin Buffer Rules
NBRRO 03-044
McIntyre & Associates property
Rolesville, Wake County, NC
Dear Mr. Bliley:
On January 8, 2003, I conducted a site visit of features A, B & C involved in the above
referenced project as identified on the attached maps. It was -determined that the features shown
on the Wake County Soil Survey and on the USGS Rolesville, NC Quad map could potentially
be subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code TISA:
02B.0233 (NCAC .0233). Feature A is not subject. Feature B is not subject from the pond to
the confluence of feature C. The pond however, located at the head of feature B is subject.
Feature C"is subject, the start point of this feature has been delineated and flagged in the field.
This letter only addresses the applicability of the Neuse Buffer Rules. For information
relevant to wetlands and other impacts, pleasecontact the Central Office at 733-1786 Thank'yo u
for your attention to this matter and if this office can be of any assistance or if you have additional
questions, please do not hesitate to contact us.
Sincerely,
Deborah Edwards
Environmental Specialist I
cc: John Domey/DWQ
Wake County
McIntyre & Associates, 4926 Windy Hill Dr., Raleigh, NC 27609
166 Mail service Center. Raleigh, NC 27699.1628 Telephone [phone]T00 FAX [phone]
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