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HomeMy WebLinkAbout20051742 Ver 2_Approval Letter_20060501~~~ W A TF9 p ~~ ~ ~ r ~ -~ O 'C May 1, 2006 Jon and Lynn Van Dokkum 2500 Lewis Farm Road Raleigh, NC 27608 Alan W. Klimek, P.E. Director Division of Water Quality DWQ # OS-1742v.2 Wake County Subject Property: Van Dokkum residence- Wake County SE Prong of Beaverdam Creek [030402, 27-33-15-2, C NSW] AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)] with ADDITIONAL CONDITIONS-REVISED Dear Mr. and Mrs. Dokkum, You have our authorization, in accordance with the conditions listed below, to impact 59 (ft2) of Zone 2 of the protected buffers to construct the proposed garage and level spreader wall for the existing home on the subject property as described within your variance request dated September 09, 2005 and received by the N.C. Division of Water Quality (DWQ) on September 14, 2005 with additional information received on April 26,2006 and May 1, 2006. 'This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(9)(b). 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. This authorization replaces the authorization that was issued on January 31, 2006. This authorization is only valid for the purpose and design that you described in your Minor Variance Request dated September 09, 2005 and additional information received by DWQ on Apri126, 2006 and May 1, 2006._ If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers. 2. Written Stormwater Plan (No Further Approval Needed) The final, written stormwater management plans (including a signed and notarized Operation and Maintenance Agreement) dated December 15, 2005, must be implemented and the stormwater management facilities shall be constructed and operational before any permanent building is occupied at the subject site. The structural stormwater practices as 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. 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931Intemet: http:!/h2o.enr.state.nc.us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources No°rthCarolina ,Naturally An Equal OpportunitylAffimtative Action Employer- 50% Recycled/10% Post Consumer Paper May 1, 2006 Dokkum Variance Page 2 of 3 Deed Notifications: Deed notifications or similar mechanisms shall be placed on all retained protective buffers in order to assure compliance for future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 4. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, 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. 5. Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to 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. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this authorization to make this payment. For accounting purposes, your previous version of this minor variance approval, dated January 31, 2006, was for 849 square feet (ftz) of Zone 2 buffer impacts. However your revised minor variance approval is for only 59 square feet (ftZ) of Zone 2 buffer impacts. For this Authorization Certificate authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Reference Re uired Zone 2 impacts for Plan sheet LI received by the garage and level 59 (square feet) DWQ on Apri126, 2006 s reader wall If you have already made payment to the EEP for the January 31, 2006 minor variance buffer impacts, then mitigation is not necessary for this revised minor variance approval. 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. 401 OversightlExpress Review Permits Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http~//h2o enr state.nc uslncwetlands None Carolina ~tura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper May 1, 2006 Dokkum Variance Page 3 of 3 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 Amy Chapman at 919-715-6823 if you have any questions or require copies of our rules or procedural materials. Sincerely, J _ J~c~'~' a ~,. ~ Alan W. Klimek, P.E., Director Division of Water Quality Enclosure: NCDWQ EEP Mitigation Summary Certificate of Completion Cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files AWIUcbk/asc File: 051742v2Dokkum(Wake)VAR 4010versight/ExpressReuiew Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http:/lh2o.enr.state.nc.us/ncwetlands N~~on~~Ca~olina dvatura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper