HomeMy WebLinkAbout20081089 Ver 1_Approval Letter_20080807o?o? W A T ?9p?
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Mr. Jonathan Lee
8115 Dreamy Way
Raleigh, NC 27601
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 7, 2008
DWQ Project # 2008-1089
Wake County
Page 1 of 2
Subject Property: 8115 Dreamy Way, Raleigh, NC
Ut to Snipe Creek [030402, 27-33-12-(2), C, NSW, 303d]
After-the-Fact Authorization of Neuse River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B.0233(9)(b)]
Dear Mr. Lee:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 1,546 square feet (ft2 ) of Zone 2 of the protected buffers to construct the
concrete driveway at the subject property as described within your variance request dated July 7,
2008 and received by the Division of Water Quality (DWQ) on July 11, 2008 with additional
information received by DWQ on July 30, 2008. This letter shall act as your Minor Variance
authorization as described within 15A NCAC 213 .0233(9)(b). 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. If you
change your project, you must notify us 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:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) 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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state,nc.us/ncvvetlands
Nr thCarolina
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Jonathan Lee
Page 2 of 2
August 7, 2008
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 1,546 square feet of impacts to Zone 2 of the
protected riparian buffers is 2,319 square feet as required under this variance
authorization and 15A NCAC 2B .0233. 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 mitigation requirement. In
accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and
clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this variance authorization shall occur. Ms. Kelly Williams
should be contacted at (919) 716-1921 if you have any questions concerning payment
into the EEP. For accounting purposes, this variance authorization authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 2,319 ft2 of
required riparian buffer mitigation for impacts to 1,546 ft2 of protected riparian
buffers; 03020201 river and subbasin.
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ 401
Oversight/Express Permitting Unit for review and authorization. No impacts shall occur
to the protected buffers until the mitigation plan is approved by the DWQ.
3. 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.
Jonatnan Lee
Page 3 of 3
August 7, 2008
4. 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.
5. 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 2B .0233(5).
6. 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 .0233.
7. 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 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
8. Deed Restrictions
Jonathan Lee (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the Division of Water Quality for
the purpose of maintaining the riparian buffers, as shown on the recorded plat (8115
Dreamy Way, Lot 6, March 7, 2005), in their natural state in perpetuity, prior to the sale
or conveyance of 8115 Dreamy Way in Raleigh, NC. 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 for impacts in accordance with this minor variance approval. The
permittee shall provide a copy of the recorded restrictive covenants to the Division of
Water Quality within 15 days of recording.
Jonathan Lee
Page 4 of 4
August '', 2008
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 Minor 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 2B.0233(9)(b)]. Please call Ms. Amy Chapman
at (919) 733-1786 if you have any questions or require copies of our rules or procedural
materials.
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Enclosures: Certificate of Completion
NC EEP Letter
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Kelly Williams, NCEEP
Steve Mitchell, 1813 Lancaster Dr, Garner, NC 27529
File Copy
Central Files
File Name: 081089_8115DreamyWayStoneHavenSD(Wake)MinVar
?oF W A rFq p Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H,0500, Mr. Jonathan Lee has permission as outlined below to fill or otherwise
impact 1,546 square feet of Zone 2 buffer to construct the proposed driveway at the subject property which is
located at 8115 Dreamy Way, Raleigh, in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ EXP PROJECT #: 2008-1089
SITE NAME: 8115 Dreamy Way
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse (HUC: 03020201)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
1,546 -square feet of Zone 2 buffers 2,319 square feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail
the form along with a copy of Variance Approval to the Ecosystem Enhancement Program at the address 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 RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 733-5205
Filename: 08 1 089-8 1 1 5DreamyW ayStoneHavenSD(Wake)MinVar_EEP
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401 Oversight/Express Review Permitting Unit
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1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Intemet: http://www.ncwaterquality.org
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