20100290 Ver 1_Approval Letter_20100506

X- WA
A LT
PIA
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
May 6, 2010
DWQ Project # 2010-0290
Wake County
Christopher and Carolyn Podger
133 Castlefern Drive
Cary, NC 27513
Subject Property: 133 Castlefern Drive, Cary
UT to Crabtree Creek[030402,
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)]
Dear Mr. and Mrs. Podger:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 727 square feet. (ft2 ) of Zone 2 of the protected buffers to construct the pool and
associated patio at the subject property as described within your variance request dated April 19,
2010 and received by the Division of Water Quality (DWQ) on April 19, 2010, with additional
information received by DWQ on May 3, 2010. This letter shall act as your Minor Variance
authorization as described within 15A NCAC 213 .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) musi 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.
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
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://portal.ncdenr.org/webtwq/ws
An Equal Opportunity\ Affirmative Action Employer
NorthCarohna
Naturally
Podger
Page 2 of 4
May 6, 2010
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 727 square feet of impacts to Zone 2 of the protected riparian buffers is 1,090.5
square feet as required under this variance and 15A NCAC 2B . 0233. The DWQ has
determined that you must plant 8 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 of these trees that die
within this five (5) year period. You are required to provide proof in writing that the
trees have been planted within one year of the date of this letter. The proof 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 1,090.5 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.
3. Erosion & 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 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.
4. Stormwater Management Plan Implementation Procedures (No Further Approval
Needed)
• The approved SMP for your cistern must be constructed and operational before any
permanent building or other structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the DWQ.
5. No Waste, Spoil, Solids, or Fill of Any Kind
Podger
Page 3 of 4
May 6, 2010
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. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, 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.
8. Deed Restrictions
Christopher and Carolyn Podger (permittee) shall execute and cause to be recorded in the
Wake County Register of Deeds restrictive covenants acceptable to the DWQ 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 of 133 Castlefern Drive in
Cary, NC.
No person or entity shall perform any of the following activities on such buffer
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules
(15A NCAC 2B.0233) of the DWQ and therefore may be enforced by the DWQ. This
covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
The permittee shall enforce the terms of the 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 accordance with this minor variance for
impacts in approval. The permittee shall provide a copy of the recorded restrictive
covenants to the DWQ within 15 days of recording.
Podger
Page 4 of 4
May 6, 2010
If you wish to contest any statement in this Minor Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Minor Variance 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 Protection 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?Qr procedural
materials. 11.
Sin erel
y,
,
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Kevin Yates, EcoEngineering, P.O. Box 14005, Research Triangle Park, NC 27709
File Copy
File Name: 100290_133CastlefernDrive(Wake)MinVar