HomeMy WebLinkAbout20051742 Ver 2_Approval Letter_20060501~~~ W A TF9 p
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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
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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
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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
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