20091226 Ver 1_Approval Letter_20091217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 17, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ashraf H. Allouba
219 Kirkfield Drive
Cary, NC 27518
Subject Property: Ashraf Allouba - 219 Kirkfield Drive, Cary, NC
Ut to Swift Creek [030402, 27-43-(1), WSIH, NSW]
Dee Freeman
Secretary
DWQ Project # 09-1226
Wake County
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Allouba:
You have our authorization, in accordance with the conditions listed below, to impact approximately
266.5 square feet of Zone 2 of the protected riparian buffers to construct the proposed 10' x24' addition
along the east side of an existing residence at the subject property as described within your variance
request dated November 13, 2009 and received by the Division of Water Quality (DWQ) on November
13, 2009, with additional information received by DWQ on December 10, 2009. 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 211 .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
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 266.5 square feet of impacts to Zone 2 of the protected riparian buffers
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Allouba
Page 2 of 2
December 17, 2009
as required under this variance authorization and 15A NCAC 2B .0233 is 400 square feet. We
understand that you have agreed to plant 3 trees at a rate of 320 trees per acre at the site. 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 planting plan will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233(9)(C). Until the trees are planted, no impacts specified in
this variance authorization shall occur.
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.
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. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Allouba
Page 3 of 3.
December 17, 2009.
7. 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.
8. 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.
9. Deed Restrictions
Ashraf Allouba (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 (219 Kirkjield Drive, Cary, NC), in
their natural state in perpetuity, prior to the sale of the subject property in Cary, NC.
No person or entity shall perform any of the following activities on such buffer conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules (15A NCAC
2B.0233) of the Division of Water Quality and therefore may be enforced by the Division of Water
Quality. This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
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 providc a copy of the recorded restrictive covenants to the Division of Water Quality 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 fora hearing. This Minor Variance Authorization shall
expire five (5) years from the date of this letter.
Allouba ,
Page 4 of 4
December 17, 2009
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.
Sinc ly,
Vv
Coleen H. Sullins
CHS/cbk/Um
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Filename: 091226AshrafAllouba2 l 9KirkfieldDrive(Wake)Min Var