20070315 Ver 1_Approval Letter_20070328

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Mr. Jon M. Henry
510 Loblolly Drive
Durham, NC 27712
Subject Property:
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
March 28, 2007
DWQ Project # 2007-0315
Durham County
Henry & White Gazebo, Durham, NC
UT to Flat River [030401, 27-3-(8), WSIV, NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Henry:
You have our approval, in accordance with the conditions listed below, to impact approximately
42 square feet (ftZ) of Zone 2 of the protected buffers to construct a gazebo at the subject
property as described within your variance request dated February 15, 2007 and received by the
Division of Water Quality (DWQ) on February 19, 2007 with additional information received by
DWQ on March 20, 2007. This letter shall act as your Minor Variance approval as described
within 15A NCAC 2B .0233(9)(b). In addition to this approval, 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 approval 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 approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .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.
NCO e~Carolina
401 Oversight/Expross Review Permitting Unit d -'u~`urat'~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper

Jon M. Henry
Page 2 of 4
March 28, 2007
2. Buffer Mitigation (Onsite Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 42 square feet of Zone 2 buffer impacts is 63
square feet as required under this variance and 15A NCAC 2B .0233. The DWQ has
determined that your planting plan to plant one flowering dogwood and 2 Forsythia
bushes in the buffers will satisfy this mitigation requirement. You must ensure their
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 tree and shrubs have been planted within one year of the date of
this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and
copied to the Raleigh Regional Office. If this mitigation is not acceptable or
practicable, then you may choose to make a payment in to the Riparian Buffer
Restoration Fund to compensate for 63 square feet of mitigation as allowed under 15A
NCAC 02B .0242. If you choose to make this payment, please contact Amy Chapman
of the Wetlands/401 Unit at 919-733-1786 for additional information.
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.

,'

Jon M. Henry
Page 3 of 4
March 28, 2007
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. 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.
7. 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 OversightlExpress Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this 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.
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 approval, 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 approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.
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

Jon M. Henry
Page 4 of 4
March 28, 2007
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
._'~
Alan W. Klimek, P.E.
AWK/cbk/asc ,
Enclosures: Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
File Name: 070315HenryandWhiteGazebo(Durham)MinVar