20061949 Ver 1_Approval Letter_20070122

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natura] Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 22, 2007
DWQ Project # 2006-1949
Franklin County
Mr. Joseph D. Procopio, Jr.
3200 Wellington Court, Suite 115
Raleigh, NC, 27615
Subject Property: 65 Bethany Lane (Lot #45, Brookfield Subdivision Phase I),
Youngsville, NC, 27596
Ut Brandy Creek, 28-29-3-(1), Class B NSW
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Major Variance [15A
NCAC 2B .0259(9)(c)]
Dear Mr. Procopio:
You have our approval, in accordance with the conditions listed below, to impact approximately
2181 square feet (ft2) (including 1367 square feet (ft2) of Zone 1 and 814 square feet (ft2) of Zone
2) of the protected buffers to construct asingle-family residence at the subject property. This
includes 160 square feet (ft2) and 814 square feet (ft2) within Zones 1 and 2, respectively, of
impervious surface associated with the building and infrastructure, along with 1207 square feet
(ft) within Zone 1 to be maintained as a grassed side yard adjacent to the house. This Major
Variance Request was presented to the Water Quality Committee (WQC) of the Environmental
Management Commission (EMC) on January 10, 2007. This letter shall act as your Major
Variance approval as decided by the WQC on January 10, 2007 and described within 15A
NCAC 2B .0259(9)(c). In addition, you should obtain or otherwise comply with 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 for the purpose and design that you described in your Major Variance
application. If you change your project, you must notify us and you maybe required to send us a
new application. If the property is sold, the new owner(s) must be given a copy of this
variance approval and is thereby responsible for complying with all conditions. This
approval requires you to follow any conditions listed below.
401 OversighbExpress Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htt~';`h2o.enrstate.nc.us%iicwetlands
None Carolina
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Mr. Joseph D. Procopio, Jr.
Page 2 of 3
January 22, 2007
The Additional Conditions of the Approval are:
1. No Zone 1 or 2 Impacts
No impacts (except for the specifically approved house footprint and side yard and
"exempt" uses as identified within 15A NCAC 2B .0259) shall occur to Zone 1 or 2 of the
protected riparian buffers unless otherwise approved by the DWQ. No additional impervious
surfaces shall be added to Zone 1 or 2, unless otherwise approved by the DWQ.
2. 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 impacts to the protected riparian buffers is 5322 square feet as
required under this Major Variance and 15A NCAC 2B .0259. Within your variance request
you proposed to satisfy a portion of this mitigation requirement through restoration of the
buffer (by planting native woody trees and shrubs) within the first twenty feet of Zone 1 cleared
directly adjacent to the stream. This will include 1791 square feet of the total area required.
Trees shall be planted at a density sufficient to provide 320 trees per acre at maturity. This
density can be achieved by planting approximately 436 (10x10 feet spacing) to 681 (8x8 feet
spacing) bare root seedlings per acre. You must ensure the survival of this vegetation for a
period of five (5) years. You are required to replace any of these trees or shrubs 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 and copied to the Raleigh Regional Office.
3. Buffer Mitigation (EEP)
You are required to mitigate the remaining balance of mitigation (5322 square feet minus
1791 square feet leaves a balance of 3531 square feet) that you are unable to accomplish
onsite through other measures. We understand that you wish to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the remaining mitigation requirement. In accordance with 15A
NCAC 2B .0259, this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0259(9)(C). Please make your check payable to: DENR -Ecosystem
Enhancement Program Office. Ms. Susan Klimek should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 3531 ft2 of required riparian buffer mitigation for impacts to 2181 ft2 of
protected riparian buffers; 03-03-O1, 28-29-3-(1) Tar-Pamlico River and subbasin."

Mr. Joseph D. Procopio, Jr.
Page 3 of 3
January 22, 2007
4. Certificate of Completion
Upon completion of all work approved within the Major Variance approval, and any
subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5. Rain Garden
The final version of the draft rain garden plan included with your Major Variance request
shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd.,
Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of this approval. The rain
garden (including a signed and notarized Operation and Maintenance Agreement) must be
implemented and operational before the house is occupied on the property. The rain garden
structure as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the rain garden design shall be made without written authorization
from the Division of Water Quality.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the
full EMC to review your variance request. You must send us a request for this review in writing
within 60 days of the date that you receive this letter. If you do not accept any of the conditions
of their review, you may ask for an adjudicatory hearing. 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, N.C. 27699-6714. This Major
Variance Approval and its conditions are final and binding unless you ask for a hearing. This
Major Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Tar-Pamlico River
Riparian Buffer Protection Rules [15A NCAC 2B .0259]. Please call Ms. Cyndi Karoly at (919)
733-9721 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
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~~ Alan W. Klimek, P.E.
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Enclosures: EEP Notification
cc: Chuck Wakild, DWQ Raleigh Regional Office
File Copy
Central Files
Suzanne Klimek, EEP
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614

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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
NORTH CAROLINA DIVISION OF WATER QUALITY VARIANCE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0259(9)(c), Mr. Joseph D. Procopio, Jr. has permission to
impact 2181 square feet (ft2) of protected riparian buffers for the purpose(s) of constructing a
house with adjacent side yard. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Major Variance transmittal letter. THIS
VARIANCE APRPOVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT
PROGRAM (EEP)
DWQ Project No.: 2006-1949
Date: January 22, 2007
LOCATION: 65 Bethany Lane (Lot #45, Brookfield Subdivision Phase I), Youngsville,
NC, 27596
COUNTY: Franklin
BASIN/SUBBASIN: Tar-Pamlico 030301 (river/subbasin);
Ut Brandy Creek, 28-29-3-(1) (stream index no.)
As required by 15A NCAC 2B .0259(9), you are required to compensate for the above impacts
through the restoration or enhancement of buffers as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
5322 square feet of stream buffers
1791 square feet will be restored/mitigated onsite
3531 square feet to be mitigated through payment to the EEP
One of the options you have available to satisfy the compensatory mitigation requirements is
through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0259.
If you choose this option, please sign this form and mail it along with a copy of your approval
letter to the EEP 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 IlVIPACTS ARE
NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone] No°e Carolina
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401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: http/i'h2o.enrstatc:nc.usiucwctlands
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