The URL can be used to link to this page

Home My WebLink About20000900 Ver 1_Approval Letter_20010709P~ O~~ "~ W ~ T ~R G ~ r >_ .~ O ~ Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality July 9, 2001 vwc~ # 00-0900 Wake Count Page I of 3 John Adams (Owner) 3025 Westbury Drive Raleigh, NC 27606 Cc RE: Tom Worth (Attorney) 16 West Martin Street Raleigh, NC 27601 Michael Nicklas, AIA Innovative Design, lnc. 850 West Morgan Street Raleigh, NC 27603 Soil & Environmental Consultants, Inc. Attn: Mr. Kevin Martin 11010 Raven Ridge Koad Raleigh, NC 27614 Mac McIntyre, PE Parquer & Associates 4926 Windy Hill Drive Raleigh, NC 27609 Hilburn Drive Congregate Care I+acility, Raleigh, Wake County, NC Unnamed Tributary to Turkey Creek X03-04-02; 27-33-2; C NSW] MAJOR VARIANCE APPROVAL per the NEUSE RIVER RIPARIAN AREA YI2OTECTION RULE [15A NCAC 2B .0233(9)] w/ADDITIONAL CONDI'('IONS Dear Sirs, You have ow- approval, in accordance with the attached conditions and those listed below, to place fill material in + 90 linear feet of non-jurisdictional, intermittent stream channel (as determined by DWQ staff) and ± 9,817 square feet of riparian buffers for the purpose of constructing the Congregate Care Facility as described within your Major Variance Request presented to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on February 7, 2001. This letter shall act as your Major Variance approval as decided by the WQC on February 7, 2001 and described within 15A NCAC 2R .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 and Non-Discharge. This approval is only valid for the purpose and design that you described in your Major Variance Request. If you change your project, you must notify us and you may be required to send us a new application and request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. A final, written stormwater management plan shall be approved in writing by this Office before [he impacts specified in this Major Variance Approval occur. The stormwater management plan must include plans and specit7cations for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR stormwater Best Management Practices Manual The stormwater management plan must include the extended detention wetland to remove nitrogen as required by the WQC. These facilities must be designed to heat the runoff from the entire project, unless otherwise explicitly North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr state.nc.us/ncwetlands/ Page, DWQ # X00-0 approved by the Division of Water Quality (DWQ). Also, before any pennancnt building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormw; management plan (as approved by this Office) shall be implemented. The structural stormwater practices a; approved by this Office 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. 2. You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation t compensate for impacts to the protected riparian buffers is 23,307 square feet as required under your Major Variance Approval and 15A NCAC 2B .0242. We understand that you wish to restore riparian buffers located on the property to satisfy 1,823 squa--e feet this mitigation requirement.. This has been determined by the WQC to be a suitable method to meet the mitigation requirement. A final, written buffer restoration plan shall be approved in writing by this Office before the impacts specified in this variance approval occur. The restoration plan must include all of the required information identified within 15A NCAC 213 .0242(9). Also, before any permanent building is occupied at the subject site, the mitigation areas shall be planted and the restoration plan (as approved by tl Office) shall be implemented. The mitigation area as approved by this Office shall be placed under a perpetual conservation easement. No changes to the restoration plan shall be made without written authorization from the Division of Water Quality. If this is determined not to be an achievable option, then the llWQ will accept payment into the Riparian Buffer Restoration Fund as described in condition number to compensate for the 1,823 square feet of required mitigation. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered b~ the NC Wetlands Restoration Program (WRP) to satisfy 21,484 square feet of this mitigation requirement. This has been determined by the WQC to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2I3 .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(0). Until the WRP receives and clears your check (made payable to: DENR -Wetlands Restoration Program Office), no impacts specified in this Certitication and Major Variance Approval can occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have ar questions concen~ing payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Major Variance Approval authorizes payment into the Riparian Buffer Restoration I{'und to compensate for 23,307 ft2 of required riparian buffer mitigation for impacts to 9,817 ft2 (and 901inear feet) of protected riparian buffers; 03-04-02 river and subbasin 5. Upon completion of all work approved within this Major Variance Approval, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Deed notifications or similar mechanisms shall be placed on all retained buffers in order to assure complian for future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved fi impact under this Major Variance Approval. 7. The outside buffer boundary and along the construction corridor within the buffer boundaries approved and this approval shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the protected buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. if you do not accept any of the conditions of this certification and Major Variance Approval, you may ask for a~ 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 Page 2 of 3 DW C? # 00-0900 ,Hearings, PO Box 27447, Raleigh, N.C. 2761 I-7447. This Certification and Major Variance Approval 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 section 401 of the Clean Water Act and the Neuse River Riparian Buffer Protection Rules (ISA NCAC 2B .U233). Please call Bob "Larzecki at 919-733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, ~~ er ". Stevens, i ec or Attachments: WRP Form Certificate of Completion Form Sample Deed Notification Cc: Steve Mitchell, DWQ Raleigh Regional Office Todd Tugwell, USAGE Raleigh Regulatory Field Office Ron Ferrell, Wetlands Restoration Program File Copy Central Files DWQ 000900 OF W ATFR ~O~ QG -" r >_ ....t ~ ~ NORTH CAROLINA DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IPACTS AND MITIGATION REQUIREMENTS Kerr T. Stevens Division of Water Quality In accordance with 15A NCAC 2H .0500 and 2B .0233, Mr. John Adams has permission as outlined below and within the Major Variance approval w/ additional conditions for the purpose(s) of constructing the Congregate Care Facility located on Hilburn Drive, Raleigh. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached approval letter. THIS APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. 000900 LOCATION: RALEIGH COUNTY: WAKE BASIN/S U B BA S I N: 03-04-02 As required by 15A NCAC 2B .0233 and the conditions of Major Variance Approval w/ additional conditions, you are required to compensate for the above impacts through the restoration or enhancement buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 0.0 acres of Class W L wetlands 0.0 acres of riparian wetland 0.0 acres of non-riparian wetland 0 linear feet of stream channel 23,307' square feet of stream buffers Mr. Adams has proposed to restore 1,823 square feet of buffer on site and pay into the Riparian Buffer Restoration Fund for the remaining 21,484 square feet of required buffer restoration. If on-site restoration is found not to be achievable, then Mr. Adams proposes payment for the entire amount of 23,307 square feet into the fund. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503 and to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http:/lh2o.enr.state.nc.us/ncwetlands/