20100647 Ver 1_Approval Letter_20100923

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 2010
Arthur and Janet Begun
104 Aberson Court
Cary, NC 27519
DWQ Project # 2010-0647
Wake County
Subject Property: 104 Aberson Court, Cary, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)]
Dear Mr. and Mrs. Begun:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 242 square feet (ft2 ) of Zone 2 of the protected buffers to construct the sunroom
at the subject property as described within your variance request dated August 5, 2010 and
received by the Division of Water Quality (DWQ) on August 6, 2010, with additional
information received by DWQ on September 8, 2010. 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 minor variance authorization shall remain valid until the approved impacts have occurred.
This minor variance authorization is valid for the purpose and design that you described in your
variance request. If you modify your project in any way, you must notify us and you may be
required to send us a new request for approval.
If the property is sold, the new owner is covered by this minor variance authorization and is
thereby responsible for complying with all conditions. The new owner must be given a copy of
this minor variance authorization. The new owners must notify DWQ in writing of the
ownership change.
This authorization requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://poaal.ncdenr.org/web/wq/ws
NorthCarolina
A?tura!!r?
An Equal Opportunity 1 Affirmative Action Employer
Begun
Page 2 of 5
September 23, 2010
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. Buffer Mitigation (On-site Restoration/Enhancement) - You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate
for the 242 square feet of impacts to Zone 2 of the protected riparian buffers is 363
square feet as required under this variance and 15A NCAC 2B . 0233. The DWQ has
determined that your proposal received by DWQ on September 8, 2010 to plant 3 native
trees within the retained portions of the protected buffers, will satisfy the 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 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 363 square feet of
mitigation as allowed under 15A NCAC 02B . 0242. If you choose to make this
payment, please contact 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
proj ect.
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. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60
Begun
Page 3 of 5
September 23, 2010
days of the issuance of the Minor Variance. The stormwater management plans shall be
approved in writing by this Office before the impacts specified in this variance 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
construction plans, specifications, stormwater BMP worksheets, and supporting
calculations. 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 DWQ.
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.
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).
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
Arthur and Janet Begun (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 (Lot 412 Phase I Section
B Preston Village North B.M. 1996 Pg. 849), in their natural state in perpetuity, prior to
the sale or conveyance of the subject property.
Begun
Page 4 of 5
September 23, 2010
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 213.0233) of the DWQ and therefore may be enforced by the DWQ. 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 minor variance for
impacts in approval. The permittee shall provide a copy of the recorded restrictive
covenants to the DWQ within 15 days of recording.
If you wish to contest any statement in this Minor Variance 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: [phone], 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
1601 Mail Service Center
Begun
Page 5 of 5
September 23, 2010
Raleigh, NC 27699-1601
This Minor Variance Authorization 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
at [phone] if you have any questions or require copies of our rules or procedural
materials.
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'V, oleen H. Sullins
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLR, Raleigh Regional Office
File Name: 100647_104AbersonCourt(Wake)MinVar