20081471 Ver 1_Approval Letter_20081008

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The Lundy Group
Attn: Mr. Jamie Baker
PO Box 33279
Raleigh, NC 27636
Subject Property
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
October 8, 2008
DWQ Project # 2008-1471
Wake County
4600 Lake Boone Trail, Raleigh, NC
UT to Richland Creek [030402, 27-33-11, C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
211 .0233(9)(b)]
Dear Mr. Baker:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 3,300 square feet (ft2 ) of Zone 2 of the protected buffers to construct the retaining
wall at the subject property as described within your variance request dated September 23, 2008
and received by the Division of Water Quality (DWQ) on September 26, 2008. This letter shall
act as your Minor Variance authorization as described within 15A NCAC 2B .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.
2. Buffer Mitigation (EEP)
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: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
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The Lundy Group
Page 2 of 4
October 8, 2008
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 3,300 square feet of impacts to Zone 2 of the
protected riparian buffers is 4,950 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 213 .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. Susan Klimek should
be contacted at [phone] 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 4,950 ft2 of required
riparian buffer mitigation for impacts to 3,300 ft2 of protected riparian buffers;
03020201 cataloging unit.
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.
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.
The Lundy Group
Page 3 of 4
October 8, 2008
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 213.0233.
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
The Lundy Group (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 in their natural state in
perpetuity, prior to the sale or conveyance of 4600 Lake Boone Trail 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 DWQ within 15 days of recording.
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 [phone] if you have any questions or require copies of our rules or procedural
materials.
The Lundy Group
Page 4 of 4
October 8, 2008
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Enclosures: Certificate of Completion
NCEEP Letter
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Steve Mitchell, 1813 Lancaster Dr, Garner, NC 27529
File Copy
File Name: 081471_4600LakeBooneTrail(Wake)Min_Var
?OF W A TIS p Michael F. Easley, Governor
William G. Ross Jr., Secretary
tom- North Carolina Department of Environment and Natural Resources
p -? 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, The Lundy Group, has permission to fill or otherwise impact 3,300
square feet of Zone 2 Neuse River basin protected riparian buffer to construct the proposed retaining wall at the
site, which is located at 4600 Lake Boone Trail in Raleigh, 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 PROJECT #:
EEP PROJECT/LOCATION
COUNTY
BASIN/ SUB BASIN
2008-1471
4600 Lake Boone Trail
Wake
Neuse/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
3,300 square feet Zone 2 buffers 4,950 square feet buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer 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
Filename: 081471 _4600LakeBooneTrail(W ake)Min Var-EEP
NohCarola
401 Oversight/Express Review Permitting Unit ?Q?1l1'll??
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
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