20100838 Ver 1_Approval Letter_20101015

NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 15, 2010
Mr. Gary Martin
113 Goldenthal Court
Cary, NC 27519
DWQ Project # 2010-0838
Wake County
Subject Property: 113 Goldenthal Court, Cary
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
After-the-Fact Authorization of Neuse River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B.0233(9)(b)]
Dear Mr. Martin:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 230 square feet (ft2 ) of Zone 2 of the protected buffers for the screened-in
porch and deck at the subject property as described within your variance request dated October 8,
2010 and received by the Division of Water Quality (DWQ) on October 8, 2010. This letter
shall act as your Minor Variance authorization as described within 15A NCAC 213 .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:
1. No Zone 1 Impacts
401 OversighUExpress Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wgtws
NorthCarolina
?aturall?
An Equal Opportunity 1 Affirmative Action Employer
Gary Martin
Page 2 of 4
October 15, 2010
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 230 square feet of impacts to Zone 2 of the protected riparian buffers is 345
square feet as required under this variance and 15A NCAC 2B . 0233. The DWQ has
determined that your proposal dated October 8, 2010 to plant 5 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 345 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 919-733-1786 for additional information.
3. 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).
4. 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.
Deed Restrictions
Gary Martin (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 (insert title and date), in
their natural state in perpetuity, prior to the sale of 113 Goldenthal Court in Cary, 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
Gary Martin
Page 3 of 4
October 15, 2010
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 DWQ and therefore maybe 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
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
Gary Martin
Page 4 of 4
October 15, 2010
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Aincerely,
Coleen H. Sullins
CHSlasc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Matt Flynn, Town of Cary Engineering Department, 316 N Academy St. Cary, N.C.
27513
File Name: 100838_113GoldenthalCourt(Wake)MinVar