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Home My WebLink About20111125 Ver 2_Approval Letter_20120507NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary May 7 2012 Richard H Norwood Jr 2020 Fernwood Way Henderson NC 27536 DWQ Protect # 11 -1125 v 2 Vance County Subject Property Norwood — 2020 Fernwood Way UT to Red Bud Creek [030301 28 17 2 3 C NSW] Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B 0259(9)(b)] and Tar - Pamlico River Buffer Rule [15A NCAC 02B 0259(8)) Authorization Certificate with additional conditions Dear Mr Norwood You have our authorization in accordance with the conditions listed below to impact approximately 6 060 ft2 of Zone 2 of the protected buffers for a house and shed and 9 090 ft2 of Zone 1 of the protected buffers for a driveway at the subject property as described within your variance request dated October 24 2011 and received by the Division of Water Quality (DWQ) on December 20 2011 additional information received by DWQ on February 2 2012 and modification request received by DWQ on April 20 2012 (dated April 17 2012) This letter shall act as your Minor Variance authorization as described within 15A NCAC 213 0259 (9)(b) for the house and shed impacts to Zone 2 of the protected buffers This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 0259(8) for the parallel driveway (road) impacts to Zone I of the protected buffers and stormwater discharging through the buffer 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 This buffer authorization /minor variance is only authorizing 15,150 square feet of protected buffers where the footprint of the house, shed, driveway and stormwater drainage occupy 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 North Carolina Division of Water Quality Internet www ncwaterquality org Raleigh Regional Office 1628 Mail Service Center Surface Water Protection Raleigh NC 27699 1628 O NonehCarolina Natminally Phone (919) 791 4200 Customer Service FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 The Additional Conditions of the Certification are 1 Zone 1 Impacts No impacts (except for exempt uses as identified within 15A NCAC 2B 0259) 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 This buffer authorization is only authorizing 9,090 square feet of Zone 1 of the protected buffers that occupies the footprint of the driveway During a site inspection on April 16, 2012, DWQ personnel determined that approximately 3,000 square feet of Zone 1 had been impacted by the removal of woody vegetation This impact is not approved as a part of this buffer authorization /variance and must be replanted with 22 tree /shrub species You are required to provide proof in writing that the trees have been planted within one year of the date of this letter You must ensure the survival of these trees /shrubs for a period of at least five (5) years 3 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 6,060 square feet of impacts to Zone 2 of the protected riparian buffers is 9,090 square feet as required under this variance and 15A NCAC 2B 0259 The required area of mitigation to compensate for the 9,090 square feet of impacts to Zone 1 of the protected riparian buffers is 27,270 square feet as required under this buffer authorization and 15A NCAC 213 0259 The DWQ understands that you wish to plant 201 trees within the retained portions of the protected buffers which will not satisfy the mitigation requirement You must plant at least 267 trees within the retained portions of the protected buffers to satisfy the mitigation requirement The 267 trees must be planted These plantings (267) are in addition to the planting required to resolve the violation cited above in Condition No 1 You must ensure the survival of these trees for a period of at least five (5) years You are required to replace the trees if they 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 WeBSCaPe Unit and DWQ Raleigh Regional Office If this mitigation is not acceptable or practicable (given the buffer constraints due to remaining usable buffer Zone 2 on the property) then you may choose to make a payment in to the Riparian Buffer Restoration Fund to compensate for 36,360 square feet of mitigation as allowed under 15A NCAC 02B 0259 If you choose to make this payment please contact the EEP for additional information 4 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 Page 3 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) protects 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 The modification request received by DWQ on April 20 2012 indicated that the stormwater discharging through the buffer was necessary to prevent mold which was a problem during the construction of the house Due to the potential health and structural issues that the moisture may cause these pipes are authorized to remain in the current location If you wish to relocate these pipes or need to create more concentrated drainage through the buffer please contact DWQ prior to conducting work within the buffer 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 0500 8 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 Page 4 9 Deed Restrictions Richard H Norwood Jr (permittee) shall execute and cause to be recorded in the Vance County Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining the riparian buffers as shown on the recorded plat (insert title and date) in their natural state in perpetuity prior to the sale or conveyance of 2020 Fernwood Way, Henderson NC 27536 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 Tar Pamlico Buffer Rules (15A NCAC 2B 0259) of the DWQ and therefore maybe 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 Minor Variance or Buffer Authorization 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 (919) 431 3000 Fax (919) 431 3100 Page 5 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 letter completed the review of the Division of Water Quality under the Tar Pamlico River Riparian Buffer Protection Rules [ 15A NCAC 2B 0259(9)(b)] and [ 15A NCAC 2B 0259(8)] Please call Lauren Witherspoon at (919) 791 4251 if you have any questions or require copies of our rules or procedural materials jSmcely Danny Sm h Raleigh Regional Office Surface Water Protection Section Supervisor Enclosures Certificate of Completion cc RRO File Copy WeBSCaPe File Copy — 1650 Mail Service Center File Name 11 1 125 v 2—Norwood 2020 Fernwood Way_TBR_Mmor Variance and Buffer Authorization Approval