20070530 Ver 1_Approval Letter_20070412

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Mr. Thadd Roberts
8305 Six Forks Road, Suite 203
Raleigh, NC 27615
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
April 12, 2007
DWQ Project # 2007-0530
Wake County
Subject Property: Lot 10 Oakcroft, 1907 Stoneytrace Ct, Raleigh, NC
UT to Neuse River [030402, 27-(20.7), WSIV, NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance (15A NCAC 2B
.0233(9)(b)]
Dear Mr. Roberts:
You have our approval, in accordance with the conditions listed below, to impact approximately
10 square feet (ft2) of Zone 2 of the protected buffers to construct proposed home at the subject
property as described within your variance request dated March 22, 2007 and received by the
Division of Water Quality (DWQ) on March 23, 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.
401 OversightlExpress 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]ntemet: http://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
naturally
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Thadd Roberts
Page 2 of 4
April 12, 2007
2. 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 10 square feet of Zone 2 buffer impacts to the protected
riparian buffers is 15 square feet as required under this Minor Variance and 15A NCAC 2B
.0233. The DWQ has determined that you must plant 1 native tree in the protected riparian
buffers to satisfy the mitigation requirement. You must ensure the tree survival for a period
of at least five (5) years. You are required to replace the tree if it dies within this five (5)
year period. You are required to provide proof in writing that the tree has been planted
within seven months of the date of this letter. The proof of plantings shall be submitted to
Amy Chapman of the Wetlands/401 Unit and copied to Lauren Cobb of 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 15 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. 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.

Thadd Roberts
Page 3 of 4
April 12, 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 Oversight/Express 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 at the time of recording
of the property, or of individual lots, whichever is appropriate. 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

Thadd Roberts
Page 4 of 4
Apri! 12, 2007
at [phone] if you have any questions or require copies of our
materials.
AW Klcbk/asc
Alan
Enclosures: Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
procedural
File Name: 070530Lotl00akcroft(Wake)MinVar
W. Klimek, P.E.