20072050 Ver 1_Approval Letter_20080616

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H3 Associates, LLC
Attn: Ms. Margie Hertzler
1316 October Road
Raleigh, North Carolina 27614
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 16, 2008
DWQ Project # 2007-2050
Wake County
Subject Property: 108 East Aycock, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)] ,
Dear Ms. Hertzler:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 839 square feet (ft2 ) of Zone 2 of the protected buffers to construct the proposed
bioretention cell and the home at the subject property as described within your variance request
dated December 3, 2007, received by the Division of Water Quality (DWQ) on December 7,
2007, with additional information received by DWQ on March 10, 2008, April 14, 2008 and
June 11, 2008.
This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B
.0233(9)(b). In addition to this authorization, 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 authorization is 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 authorization
and is thereby responsible for complying with all conditions. This authorization requires you
to follow any conditions listed below. This authorization shall expire five years from the date of
this authorization.
The Additional Conditions of the Certification are:
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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
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N Carolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
H3 Associates, LLC
Page 2 of 4
June 16, 2008
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
2. Buffer Mitigation (On-site Restoration/Enhancement)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for the 839 square feet of impacts to Zone 2 of the
protected riparian buffers is 1,489.5 square feet as required under this variance and 15A
NCAC 213 .0233. The DWQ has determined that your proposal on the sixth revision of
your Plan Sheet C4, entitled, "Buffer Mitigation Plan" to plant 11 trees within the
retained portions of the protected buffers, will satisfy the mitigation requirement. You
must ensure their survival for a period of at least five (5) years. You are required to
replace any ofese trees that die within this five (5) year period. You are required to
provide proof in pvriting that the trees have been planted within one year of the date of
this letter. The prof of plantings shall be submitted to the Wetlands/401 Unit.
If this mitigation is not acceptable or practicable, then you may choose to make a
payment in to the Riparian Buffer Restoration Fund to compensate for 1,489.5 square feet
of mitigation as allowed under 15A NCAC 02B .0233. If you choose to make this
payment, please contact the Wetlands/401 Unit at 919-733-1786 for additional
information.
Stormwater (No Further Review Needed)
The structural stormwater practices as approved by this Office, per your sixth revision of
your bioretention plans on sheet number C-1 entitled, "Stormwater Site Plan", as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWQ.
Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances on all lots containing these structures including future access
for maintenance. The stormwater easements shall allow for the ability to maintain the
structures, perform corrective actions as described above and shall provide protection of
the structures from potential alternations by future property owners.
4.,_,Emsion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
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Page 3 of 4
June 16, 2008
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project:
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
5. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
6. 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).
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries 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, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
°madifications, the applicant is required to return the attached certificate of completion to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
9. Deed Restrictions
H3 Associates, LLC (permittee) shall execute and cause to be recorded in the Wake
County Register of Deeds restrictive covenants acceptable to the Division of Water
Quality for the purpose of maintaining the riparian buffers, as shown on the recorded plat
for the subject property in their natural state in perpetuity, prior to the sale or conveyance
of 108 East Aycock in Raleigh, NC. The permittee shall enforce the terms of the
H3 Associates, LLC
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June 16, 2008
restrictive covenants and shall take no action on the subject site described in the
covenants inconsistent with the terms thereof. This requirement excludes riparian areas
authorized for impacts in accordance with this minor variance approval. The permittee
shall provide a copy of the recorded restrictive covenants to the Division of Water
Quality within 15 days of recording.
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 authorization, 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 authorization and its conditions are final and binding unless you ask for a
hearing. This Minor V,?riiihce Authorization 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 Protectibn Rules [15A NCAC 2B .0233(9)(b)). Please call Ms. Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
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Coleen H. Sullins
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Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
CH Cox Building Group, Attn: Mr. Chris Cox, 11 E Drewry Lane, Raleigh, NC 27609
File Copy
Central Files
File Name: 072050. 108EastAycock(Wake)MinVar