20110756 Ver 1_Approval Letter_20110916

ALT-i'KA.A.-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 16, 2011
DWQ Project # 2011-0756
Wake County
Mr. Robert Lantry, Jr.
312 S. Tunstall Ave
Apex, NC 27502
Subject Property: Addition for 312 S. Tunstall Ave, Apex, NC
UT to Little Branch [030607, 18-7-6-1-1, C]
Authorization of Neuse River Riparian Buffer Protection Rules Major Variance [15A NCAC
02B .0233(9)(c)]
Dear Mr. Lantry:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 234 square feet (ft2 ) of Zone 1 of the protected buffers and 286 square feet (ft2 )
of Zone 2 of the protected buffers to construct the proposed addition at the subject property as
described within your variance request dated August 1, 2011 and received by the Division of
Water Quality (DWQ) on August 15, 2011. This letter shall act as your Major Variance
authorization as described within 15A NCAC 02B .0233(9)(c). 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 approved
by the Water Quality Committee of the Environmental Management Commission on September
7, 2011. If you change your project, you must notify DWQ 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:
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 234 square feet of impacts to Zone 1 of the protected riparian buffers and 286
square feet of impacts to Zone 2 of the protected riparian buffers is 1,131 square feet as
required under this variance and 15A NCAC 02B . 0233. The DWQ has determined that
Vvatlan , Buft !? Stonrnrale Cor lien and Pennltling Unif (WeBSCBPe)
1650 fn 'I Sei CeMei Raleigh iDit i of ia 2i i99-1650 ,7One
Phone 19 f,0 i' )O 1. F, h 919 3i_ V orthCarOlina
stern t hlfpp- iii ,, c ati eh 71 a w, rally
An Frlual Opp- ' (
, ? mats?,?u) i VA
Lantry
Page 2 of 4
September 16, 2011
your proposal in your major variance application to 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 1,131 square feet of mitigation as allowed
under 15A NCAC 02B . 0233. If you choose to make this payment, please contact Amy
Chapman of the WeBSCaPe Unit at 919-807-6400 for additional information.
2. 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.
3. 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.
4. 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 02B . 0233(5).
5. Protective Fencing
Lantry
Page 3 of 4
September 16, 2011
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 02B.0233.
6. 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 WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
7. Deed Restrictions
Bob Lantry (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 312 S Tunstall Ave in Apex, 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 02B.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.
If you wish to contest any statement in this Major 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)
calendar 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 or offie?al state l:olid!.ys. The on-inal and one (1; cope of the petition rw,it be filet: witl
the Office o-'Administrative -learings.
Lantry
Page 4 of 4
September 16, 2011
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], Fax: [phone]
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 Major 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 02B.0233(9)(c)]. Please call Ms. Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
t b Coleen H. Sullins
CHS/kah/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
File Name: 110756Additionfor3l2STunstallAve(Wake)MajVar