HomeMy WebLinkAbout20090693 Ver 1_Approval Letter_20100512Beverly Eaves Perdue
Governor
May 12, 2010
First Class Mail
A ?? NDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
DWQ Project # 2009-0693
County: Wake
Christopher and Jennifer Mitscherlich
9508 Bartons Creek Road
Raleigh, NC 27615
Subject Property: 9508 Bartons Creek Road, Raleigh
UT to Falls Lake [030401, 27-(5.5), WSIV, B, NSW, Ca]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. and Mrs. Mitscherlich:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact an unknown amount of Zone 1 and an unknown amount of Zone 2 of the protected riparian
buffers for the purpose of constructing the driveway, buffer restoration along the retaining wall, and
removal of the drainage pipes in and through the buffer at the subject property as described within your
remediation plan dated March 20, 2010, received by the Division of Water Quality (DWQ) on March 22,
2010 and your monitoring plan dated April 19, 2010, received by DWQ on April 28, 2010. 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 certification is for the purpose and design that you described in your remediation and
monitoring plans. 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. 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.
2. On-site Buffer Restoration - You are required to restore the buffer from the toe of the retaining wall
to the full pond level of the pond at the subject site. The DWQ has determined that your remediation
plan dated March 20, 2010 to plant 123 trees and 117 shrubs within the retained portions of the
protected buffers, will satisfy the restoration requirement. You are required to replace any of these
trees that die, and you must ensure that the trees approved by the DWQ are surviving at the end of the
this five (5) year period. You are required to provide proof in writing that the trees have been planted
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:llh2o.enr.state.nc.uslncwetlands/
NorthCarolina
NaNrallY
An Equal Opportunity 1 Affirmative Action Employer
Mitscherlich
Page 2 of 4
May 12, 2010
within one year of the date of this letter. To ensure survivability, plantings should be conducted
between November and March. The proof of plantings shall be submitted to the Wetlands/401 Unit.
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.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program 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.
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
Mitscherlich
Page 3 of 4
May 12, 2010
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
Christopher and Jennifer Mitscherlich (permittee) shall execute and cause to be recorded in the
Wake County Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers, as shown on the recorded plat in their natural state in perpetuity,
prior to the sale of 9508 Barton's Creek Road in Raleigh, 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 accordance with this authorization for impacts in approval. The
permittee shall provide a copy of the recorded restrictive covenants to the DWQ within 15 days of
recording.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
Mitscherlich
Page 4 of 4
May 12, 2010
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization 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 Amy Chapman or
Ian McMillan at (919) 733-1786. 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 (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Danny Smith and Martin Richmond, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
John Payne, Attorney General's Office
File Copy
Filename: 090693_9508BartonsCreekRoad(W ake)NBR