20070277 Ver 1_Approval Letter_20070409

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Apri19, 2007
Mr. David Garrigues
408 Oakridge Road
Cary, NC 27511
Subject Property
408 Oakridge Road, Cary, Wake County, NC
UT to Lynn Branch [030402, 27-43-3, WSIII, NSW]
DWQ # 07-0277
Wake County
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B .0233(9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Garrigues,
You have our authorization, in accordance with the conditions listed below, to impact 794 square
feet (ftz) of Zone 1 of the protected buffers and 503 square feet (ftZ) of Zone 2 of the protected buffers on
on the subject property as described within your major variance request dated February 22, 2007, received
by the Division of Water Quality (DWQ) on February 24, 2007, and approved by the Water Quality
Committee on March 7, 2007. This letter shall act as your Major Variance authorization as described
within 15A NCAC 2B .0233(9)(c). In addition, you should get any other required federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control.
This authorization is only valid for the purpose and design that you described in your Major
Variance Request approved on March 7, 2007. If you change your project, you must notify us and you
may be required to send us a new request for authorization. If the property is sold, the new owner must
be given a copy of this authorization and is thereby responsible for complying with all conditions. For
this authorization to be valid, you must follow the conditions listed below.
1. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone 1 of the protected riparian buffers.
2. Written Stormwater Management Plan (No Further Review Needed)
The final, written Stormwater management plans that were included with your Major
Variance application for your rain garden, must be implemented and shall be constructed
and operational before any permanent building is occupied at the subject site. The
structural Stormwater practices 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 Division of Water Quality 401 OversightlExpress Review
Permits Unit.
3. Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all
retained protective buffers in order to prevent future buffer impact. These mechanisms
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX[phone]Intemet: http~!/h2o.enr.state.nc.us/ncwetlands
No e hCarolina
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April 9, 2007
Garrigues Major Variance
Page 2 of 2
shall be put in place prior to impacting any buffers approved for impact under this
Authorization Certificate.
Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, 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.
Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for 794 square feet of Zone 1 buffer impacts to the protected
riparian buffers and 503 square feet of Zone 2 buffer impacts to the protected riparian
buffers is 3,137square feet as required under this Major Variance and 15A NCAC 2B .0233.
The DWQ has determined that you must plant 23 native trees to satisfy the mitigation
requirement. You must ensure the 23 trees 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 seven
months of the date of this letter. The proof of plantings shall be submitted to Amy
Chapman of the Wetlands/401 Unit and copied to Lauren Cobb of the Raleigh Regional
Office. 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 3,137square 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
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 letter completes the review of the Division of Water Quality under the Neuse River Riparian
Buffer Protection Rules [15A NCAC 2B .0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sinc r ly,
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
AWKlcbk/asc
File name: 070277Garrigues(Wake)MajVar