20070399 Ver 1_Approval Letter_20070402

O~O~ W AT ~RQG
r
7 _ ~ ~. --i
o `!V ~c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 2, 2007
Anna and Peter Schaap
211 Annandale Drive
Cary, NC 27511
Subject Property
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 2007-0399
County: Wake
MacGregor Downs Subdivision, Lot 344
MacGregor Downs Lake & UT to Swift Creek [030402, 27-43-2.2, WSIII, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate
Dear Mr. and Mrs. Schaap:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 4,400 ftZ of Zone 1 and 200 ftz of Zone 2 of the protected riparian buffers for the
purpose of restoring the constructing the channel bank and 442 ft2 of Zone 2 of the protected riparian
buffers for the purpose of building the decks at the subject property as described within your application
dated March 3, 2007, received by the Division of Water Quality on March 6, 2007, with additional
information received by DWQ on March 23, 2007. In addition, 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, Non-discharge 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 must be given a copy of this authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units Plan Location or Reference
Zone 1 Buffers 4,400 s uare ft. PCN a e 11
Zone 2 Buffers for 200 (square ft.) PCN page 11
channel bank
Additional Info dated March 22,
Zone 2 for the decks 442 (square ft.) 2007, received by DWQ March
23, 2007
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn•//h2o.enr.state.nc.us/ncwetlands
None Carolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Anna & Peter Schaap
Page 2 of 2
April 2, 2007
2. 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.
3. 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 442 square feet of permanent impacts to Zone 2 of the protected
riparian buffers for your deck is 663 square feet as required under this variance and 15A NCAC 2B
.0233. To satisfy this mitigation requirement you must plant at least 5 trees within the retained
portions of the protected buffers. You must ensure their survival for a period of at least five (5)
years. You are required to replace any of these trees 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 the Wetlands/401 Unit. 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 663 square feet of mitigation as allowed under 15A NCAC 02B
.0233. If you choose to make this payment, please contact the Wetlands/401 Unit at 919-733-9726
for additional information.
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
6. 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).

Anna & Peter Schaap
Page 2 of 2
Apri12, 2007
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 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Eric Kulz or Amy
Chapman [phone]. This letter does not authorize any impacts to either Waters of the United
States or Waters of the State. Please contact the US Army Corps of Engineers (USAGE) or NC Division
of Water Quality (DWQ) if any impacts are proposed to either of these wate>;s.~
AW IC/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 070399SchaapProperty(Wake)NBR