20110795 Ver 1_Approval Letter_20110901

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
September 1, 2011
DWQ Project # 11-0795
Wake County
James Fishel
604 McKay Place
Garner, NC 27529
Subject Property: 604 McKay Place, Garner
UT to Lake Benson [030402, 27-43-(5.5), WS-III; NSW; CA]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Fishel:
You have our authorization, in accordance with the conditions listed below, to impact approximately 72
square feet (ft2 ) of Zone 2 of the protected buffers to construct a storage shed at the subject property as
described within your variance request dated August 18, 2011 and received by the Division of Water
Quality (DWQ) on August 23, 2011. 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 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(s) must be given a copy of this variance authorization and is thereby responsible for
complying with all conditions. This authorization requires you to follow any conditions listed below.
This authorization shall expire five years from the date of this authorization.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .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.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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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 72 square feet of
impacts to Zone 2 of the protected riparian buffers is 108 square feet as required under this variance and
15A NCAC 2B .0233. The DWQ has determined that you are required to plant 1 tree within the retained
portions of the protected buffers, will satisfy the mitigation requirement. You must ensure the survival of
this tree for a period of atleast five (5) years. If the tree dies, you are required to replace this tree within
this five (5) year period. You are required to provide proof in writing that the tree has been planted
within one year of the date of this letter. The proof of planting shall be submitted to the WeBSCaPe 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 108 square feet of mitigation as allowed under 15A
NCAC 02B . 0233. If you choose to make this payment, please contact the Lauren Witherspoon at (919)
791-4251 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.
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
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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 WeBSCaPe Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
8. Deed Restrictions
James Fishel (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 604 McKay Place, Garner, 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 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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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)-431-3100
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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
Unless such a petition is filed, this Certification shall be final and binding.
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 Lauren Witherspoon at [phone] if you have
any questions or require copies of our rules or procedural materials.
Sincer?ly,
Danny Smith
Raleigh Regional Office
Surface Water Protection Section Supervisor
Enclosures: Certificate of Completion
cc: RRO File Copy
WeBSCaPe File Copy - 1650 Mail Service Center
File Name: 11-0795_604 McKay Place-Minor Variance Approval