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Home My WebLink About20110954 Ver 1_Approval Letter_20111109 �� , �s�� NCDE�dIt North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 9 2011 DWQ Pro�ect# 11 0954 Wake County Michael Trombley 105 Breckenwood Drive Cary NC 27513 Sub�ect Property Michael Trombley— 105 Breckenwood, Cary Turkey Creek [030402 27 33 2 C NSW] Authorization of Neuse Rrver Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B 0233(9)(b)] Dear Mr Trombley You have our authorization in accordance with the conditions listed below to impact approximately 169 squaze feet(ft2 ) of Zone 2 of the protected buffers to construct a storage shed at the sub�ect property as descnbed within your vanance 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 authonzation as descnbed within 15A NCAC 2B 0233(9)(b) In addition to this authorization you should obtam or otherwise comply with any other required federal state or local permits before you go ahead with your pro�ect mcludmg (but not limited to) Erosion and Sediment Control regulations This authonzation is for the purpose and design that you described in your application If you change your pro�ect 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 vanance authonzation and is thereby responsible for complying with all conditions This authortzation requires you to follow any conditions listed below This authonzation shall expire five years from the date of this authorization The Addittonal Cond�t�ons of the Cert�ficahon are 1 No Zone 1 Impacts No impacts (except for exempt uses as identified wrthin 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 No�ehCarollna Jl�atura!!y North Carolina Drvision of Water Quality Raleigh Regional Office Surface Water Protection Phone(919)791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919)788 7159 877 623 6748 An Equal Opportunity/Affirmatroe Action Employer-50/ Recycled/10/ Post Consumer Paper Page 2 3 Buffer Mitigation (On site Restoration/Enhancement)— You are required to mitigate for impacts to the protected nparian buffers The required area of mitigation to compensate for the 169 square feet of impacts to Zone 2 of the protected ripanan buffers is 253 5 squaze feet as required under this variance and 15A NCAC 2B 0233 The DWQ has determined that your proposal dated 10/25/2011 to plant 1 tree within the retained portions of the protected buffers will satisfy the mitigation requirement You must ensure their survival for a penod of at least five (5) years You are required to replace the tree if it dies within this five (5) year penod You aze required to provide proof in writmg that this tree has been planted withm one year of the date of this letter The proof of plantings shall be submitted to the Wetlands/401 Umt If this mitigation is not acceptable or practicable then you may choose to make a payment in to the Ripanan Buffer Restoration Fund to compensate for 253 5 square feet of mitigation as allowed under 15A NCAC 02B 0233 If you choose to make this payment please contact the EEP for additional mformation 4 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 mamtenance of such Best Management Practices m order to protect surface waters standards� a The erosion and sediment control measures for the pro�ect must be designed mstalled operated and maintamed m accordance with the most recent version of the North Carolma Sediment and Erosion Control Planning and Design Manual b The design, mstallation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified m 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) pro�ects includmg contractor owned or leased borrow pits associated with the pro�ect c For borrow pit sites the erosion and sediment control measures must be designed mstalled operated and maintained in accordance with the most recent version of the North Carolina Surface Minmg Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 5 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters, or npanan areas beyond the footprint of the impacts depicted in the Pre Construction Notification All construction activities mcluding the design, mstallation operation and mamtenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards statutes or rules occur Page 3 w 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 dischazging into the stream as identified wrthin 15A NCAC 2B 0233 (5) 7 Protective Fencing The outside buffer wetland or water boundary and along the construction corridor withm these boundanes approved under this authorization shall be clearly marked wtth orange warnmg fencing (or similar high visibility material) for the areas that have been approved to mfnnge within the buffer wetland or water prior to any land disturbing activities to ensure compliance wrth 15A NCAC 2B 0500 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 OversightJExpress Review Permitting Unrt North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 9 Deed Restrictions Michael Trombley (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 mamtammg the npanan buffers as shown on the recorded plat (msert title and date) in their natural state m perpetuity prior to the sale or conveyance of 105 Breckenwood Drive in Cary NC No person or entity shall perform any of the followmg activities on such buffer conservation area a fill grade excavate or perform any other land disturbmg 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 entorced by the DWQ This covenant ts to run with the land and shall be bindrng on the Owner und all parties claiming under it The permittee shall enforce the terms of the restnctive covenants and shall take no action on the sub�ect 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 Page 4 w The permittee shall provide a copy of the recorded restnctive covenants to the DWQ withm 15 days of recordmg If you wish to contest any statement in this Minor Variance you must file a petition for an admimstrative heanng You may obtam the petition form from the office of Admimstrative hearmgs You must file the petrtion wrth the office of Admimstrative Hearings wrthm sixty (60) days of receipt of this notice A petition is considered filed when rt is received m the office of Administrative Heanngs durmg normal office hours The Office of Admimstrative Heanngs accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Admimstrative Heanngs The petition may be faxed provided the onginal and one copy of the document is received by the Office of Administrative Hearmgs withm five (5) busmess days followmg the faxed transmission The mailing address for the Office of Admmistrative Hearings is Office of Admimstrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919)431 3000 Fax (919)431 3100 A copy of the pehtion 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 letter completed the review of the Division of Water Quality under the Neuse River Ripanan Buffer Protection Rules (15A NCAC 2B 0233(9)(b)] Please call Lauren Wrtherspoon at(919) 791 4251 if you have any questions or require copies of our rules or p cedural matenals � ncerel J1 , ��,, � � ., Danny Smrt � Raleigh R gional Office Surface Water Protection Section Supervisor Enclosures Certificate of Completion cc RRO File Copy WeBSCaPe File Copy— 1650 Mail Service Center File Name I I 0954_M�chael Tromley_Mmor Variance Approval