19990011 Ver 1_COMPLETE FILE_19990112

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JAMES B Humtj*
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Mr. LaMarr Bunn
Land Planning Consultants
725 E. Millbrook Road
Raleigh, North Carolina 27609
Dear Mr. Bunn:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
LEIG(H? _J2 ONAL OFFICE
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January 8, 1999N 2 I?+yy ! ?,I
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Subject: Neuse River Basin Riparian Rules
Bent Place -Subdivision
SR 1919.
NBRRO 99 002
Wake County
I met with you on January 5, 1999 to review the proposed road crossings and detail the
protocol for demonstrating no practical alternative to the Division of Water Quality for
the proposed Subdivision in Wake County along SR 1919. At your request, an
evaluation was performed to determine whether three (3) features as indicated by a
blue high lighter on the attached map would require compliance with the Neuse River
Buffer requirements. (Please note: these are the only features that I reviewed).
Features # 1, 2, and 3, as indicated on the attached map are streams and are subject to
the Riparian Buffer Rule.
Accordingly, by demonstrating no practical alternatives in the manner described in the
attached document, road crossings can be allowed under the .0233 Neuse River Basin:
Nutrient Sensitive waters Management Strategy. That is, the rule does allow for
perpendicular road crossings where there is no practical alternative. In addition, as
detailed in our meeting, in order to construct a road crossing a Division of Water
Quality 401 Certification is also required.
If you have any questions please call this office at [phone].
Sincerely,
Danny Smith
Environmental Specialist
cc: RRO - file copy
--> John Dorney- Wetlands/401 Group
9800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Chapter 7:
How to Show a Lack of Practical Alternatives for Exceptions
Certain exemptions in the rule require the affected party to demonstrate that no practical
alternative exists to siting the particular project within the riparian area. These exemptions
include the following:
• Road (including driveway) and railroad crossings.
• Bridges.
• Airport facilities.
• Utility crossings.
• Water-dependent structures.
• Stormwater management facilities and stormwater ponds. (Allowed in Zone 2 only.)
• Utility construction and maintenance corridors. (Allowed in Zone 2 only.)
In order to show that there are no practical alternatives for one of the exceptions
listed above, the affected party must send a complete Application for Pre-
construction Notification to the DWQ Wetland/401 Unit.
This application requires the landowner to describe the project in detail and to
demonstrate that:
• The proposed development cannot be practically accomplished in a manner that would
have less impact on the riparian area (such as reducing size, reconfiguring, decreasing
impervious surface, minimizing stream crossmgs and/or using perpendicular stream
crossings, etc.).
• The proposed development directs stormwater through vegetated areas to the
maximum extent practical.
• The proposed development will provide maximum nutrient removal, minimize impacts
to water quality and aquatic life, and will incorporate best management practices if
necessary.
• Appropriate measures for controlling sediment and other pollutants resulting from the
construction process will be used.
Persons who would like to request a copy of the Annlication for Pre-rnnc+.,..;.,n
'fi i n should contact:
John Dorney Mr
DWQ Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, NC 27607
[e-mail]
7-1
4/14/98
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