20060507 Ver 1_Approval Letter_20060714

~~~ W A TF9 p
~O ~
c~ r..
~ -I
D "C
July 14, 2006
Ms. Mary Stewart Manasse
2221 Oxford Road
Raleigh, NC 27606
DWQ # 06-0507
Wake County
Subject Property: Lot 24 in the D.L. Johnson Subdivision, Raleigh, Wake County, NC
Oxford Branch [030402, 27-33-16, C NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B .0233(9)(c)] with ADDITIONAL CONDITIONS
Dear Ms. Manasse,
You have our authorization, in accordance with the conditions listed below, to impact 1,431
square feet (fl) of Zone 1 of the protected buffers and 1-,104 square feet (ft) of Zone 2 of the protected
buffers on Lot 24 to construct the proposed home on the subject property as described within your major
variance request dated March 27, 2006, received by the Division of Water Quality (DWQ) on June 23,
2006, and approved by the Water Quality Committee on July 12, 2006. This letter shall act as your Major
Variance authorization as described within 15A NCAC 2B .0233(9)(c). 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 is only valid for the purpose and design that you described in your Major
Variance Request dated March 27, 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.
1. 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 Management Plan (Final Plan Needed)
A final, written stormwater management plan for your rain garden (including a signed
and notarized Operation and Maintenance Agreement) shall be submitted to Amy
Chapman, 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250,
Raleigh, NC, 27604) within 30 days of the issuance of the Major Variance. The
stormwater management plans for your rain garden shall be approved in writing by this
Office before the impacts specified in this Major Variance can occur. You have the
option of using the Express Review Program for expedited approval of these plans. If
you propose to use the Express Review Program, remember to include the appropriate fee
with the plan. The stormwater management plan must include plans, specifications, and
worksheets. Also, before any permanent building is occupied at the subject site, the
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX 919-733~89311ntemet: http;//h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Nye Cazolina
~QtllCQ~~I~
An Equal OpportunitylAffimtative Action Employer- 50% Recycled110% Post Consumer Paper

July 14, 2006
Manasse Major Variance ,
Page 2 of 3
facilities (as approved by this Office) shall be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. 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.
Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all
retained protective buffers in order to prevent future buffer impact. These mechanisms
shall be put in place prior to impacting any buffers approved for impact under this
Authorization Certificate.
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 OversightJExpress
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 [phone] 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, this Authorization Certificate authorizes
payment into the Buffer Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory
Miti ation Re uired Reference
Miti ation
Zone 1 Buffers Figure 3 contained in
on Lot 24 1,431 (square feet) the Major Variance 4,293 (square feet)
Re uest acket
Zone 2 Buffers Figure 3 contained in
on Lot 24 1,104 (square feet) the Major Variance 1,656 (square feet)
Re uest acket
Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 5,949 square feet
as required under this Major Variance and 15A NCAC 2B .0233. The DWQ has
determined that your proposal to plant native trees and your payment to NCEEP will satisfy
4010versight/Express Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-17861FAX[phone]Intemet: htt~://h2o.enr.state.nc.us/ncwetlands
N~~C Cazolina
~~uru!!y
An Equal Opportunity/Affirmative Action Employer - 50°~ Recycled110°~ Post Consumer Paper

July 14, 2006
Manasse Major Variance
Page 3 of 3
the mitigation requirement. In order to mitigate for all of the Zone 1 protected riparian
buffer impacts, you must either plant 32 trees or pay NCEEP for the 4,293 square feet of
buffer impacts. In order to mitigate for the Zone 2 protected riparian buffer impacts, you
have stated in your Major Variance application that you will pay the NCEEP for the 1,656
square feet of mitigation area to compensate for buffer impacts. You must ensure the 32
trees survival for a period of at least five (5) years. You are required to replace any of these
trees or shrubs that die within this five (5) year period. You are required to provide proof in
writing that the trees have been planted within one year of the date of this letter. The proof
of plantings shall be submitted to Amy Chapman of the Wetlands/401 Unit and copied to
Eric Kulz of the Raleigh Regional Office.
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 letter completes the review of the Division of Water Quality under the Neuse River Riparian
Buffer Protection Rules [15A NCAC 2B .0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
~~~~
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Christopher Hopper; Robert J. Goldstein and Associates, Inc; 1221 Corporation Parkway, Suite 100; Raleigh,
NC 27610
Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
AW K/cbk/asc
File: 060507ManasseLot24(Wake)MajYAR
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htt~~//h2o enr.state.nc.us/ncwetlands
~o° Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10°k Post Consumer Paper