20052015 Ver 3_Approval Letter_20070412

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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
Mr. George Bailey
George Bailey & Associates
PO Box 1225
Cary, NC 27513
Subject Property: Lot 37 Evans Estates Subdivision, Cary, NC
UT to Crabtree Creek [030402, 27-33-(1), C, NSW]
DWQ Project # 2005-2015v3
County: Wake
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)] and AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233)
Authorization Certificate
Dear Mr. Bailey:
You have our authorization, in accordance with 15A NCAC 02B .0233 and our approval as described
within 15A NCAC 2B .0233(9)(b) and any conditions listed below, to impact approximately 46 ft2 of
Zone 2 of the protected riparian buffers for the purpose of constructing the home at the subject property
and 144 ftZ of Zone 2 of the protected riparian buffers for the purpose of constructing the 8 foot high deck
at the subject property as described within your application dated August 22, 2006, received by the
Division of Water Quality on October 19, 2006, with additional information received by DWQ on
January 19, 2007 and March 8, 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 approval and 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 approval and authorization letter and is
thereby responsible for complying with all conditions. This approval and authorization requires you to
follow the conditions listed below.
The Additional Conditions of the Certification are:
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 2 Buffers (home) 46 (square ft.) Pg. 2 of Minor Variance
a lication
Zone 2 Buffers (deck) 144 (s uare ft.) Site Plan dated 01/16/07
No°e hCarolina
40] Oversight/Express Review Permitting Unit ~QruCQay
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o enr.state.nc.us/ncwetlands
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Mr. George Bailey
Page 2 of 4
April 12, 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.
Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 69 square feet as required
under this variance approval and 15A NCAC 2B .0233. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A
NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this variance
approval shall occur. Ms. Susan Klimek should be contacted at [phone] if you have any
questions concerning payment into the EEP. For accounting purposes, this variance approval
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 46 ftZ of
required riparian buffer mitigation for impacts to 69 ft2 of protected riparian buffers;
03020201 river basin cataloging unit.
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0233) to satisfy this mitigation requirement. If you choose to pursue this option, then you are
required to submit in writing a mitigation plan to the DWQ 401 Oversight/Express Permitting
Unit for review and approval. No impacts shall occur to the protected buffers until the mitigation
plan is approved by 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.

Mr. George Bailey
Page 3 of 4
April 12, 2007
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).
Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this approval and 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.
Certificate of Completion
Upon completion of all work approved within this approval and 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 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 under this Approval and 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 Approval and 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 Approval and
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(9). If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.

Mr. George Bailey
Page 4 of 4
April 12, 2007
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 waters.
AW Klcbk/asc
Enclosures: Certificate of Completion
NCEEP Letter
cc: Lauren Cobb, DWQ Raleigh Regional Office
Krissina B. Newcomb, Hal Owen & Associates, PO Box 400, Lillington, NC 27546-0400
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 052015v3Lot37EvansEstates(Wake)MinVar

O~O~ W AT ~9pG
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. George Bailey has permission as outlined below to impact 46 square
feet of Zone 2 protected riparian buffers form the proposed home (mitigation required) and 144 square feet of Zone
2 buffers for the 8 foot high deck (no mitigation required) at Lot 37 Evans Estates Subdivision in Cary, NC in
Wake County. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2005-2015v3
LOCATION: Lot 37 Evans Estates Subdivision, Cary, NC
COUNTY Wake
BASIN/ SUB BASIN 030020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
46 s ware feet of Zone 2 buffers 69 s uare feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 052015v3Lot37EvansEstates(Nash)MinVar EEP
No°C Carolina
401 Oversight/Express Review Permitting Unit ~tllCQ~~I,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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