HomeMy WebLinkAbout20120086 Ver 1_Approval Letter_20120207Ad ��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld PE Dee Freeman
Governor Director Secretary
February 7 2012
DWQ Project # 12 0086
Wake County
Theresa Dimarco
10733 Edmundsen Avenues
Raleigh NC 27609
Subject Property Dimarco Residence —1503 Sinesis
Big Branch [030402 27 33 17 C NSW]
Neuse River Buffer Rule (15A NCAC 02B 0233) Authorization Certificate with additional conditions
Dear Ms Dimarco
You have our authorization in accordance with 15A NCAC 02B 0233 and any conditions listed below to impact
approximately 600 ft2 of Zone 2 (permanent impacts) of the protected riparian buffers to construct a driveway for
a private residence as described within your application dated January 31 2012 received by the Division of
Water Quality (DWQ) on February 1 2012 In addition you should obtain or otherwise comply with any other
required federal state or local permits before you go ahead with your protect including (but not limited to)
Erosion and Sediment Control Non discharge regulations
This authorization certification 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 authorization letter and is thereby responsible for complying with all
conditions This authorization requires you to follow the conditions listed below
The Additional Conditions of the Certification are
1 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 Approved Units Plan Location or Reference
Zone 2 Buffers 1 600 (square ft permanent impacts I PCN page 5 of 10
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
One
N hCarolina
Jl �taturally
North Carolina Division 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/Affirmative Acton Employer — 50 / Recycled /10 / Post Consumer Paper
Page 2
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
3 No Waste Spoil Solids or Fill of Any Kind
No waste spoil solids or f ►I1 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
4 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by the Division If placement of sediment and erosion control devices in wetlands and waters is
unavoidable design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream
and down stream of the above structures All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the protect
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 600 square
feet of impacts to Zone 2 of the protected riparian buffers is 900 square feet as required under
this buffer authorization and 15A NCAC 2B 0233 The DWQ understands that you wish to
plant 7 trees within the retained portions of the protected buffers which will satisfy the mitigation
requirement You must ensure the survival of these trees for a period of at least five (5) years
You are required to replace the trees if they 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 WeBSCaPe 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 900 square feet of mitigation as allowed under 15A NCAC
02B 0233 If you choose to make this payment please contact the EEP for additional
information
Diffuse Flow
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
Page 3
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 500
7 Notification of Project Commencement
Please notify DWQ (via Lauren Witherspoon at (919) 791 4251 or lauren witherspoon@ncdenr gov) of
the proposed start date of the project
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 Wetlands Buffers Stormwater
Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center
Raleigh NC 27699 1650
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the
Director s decision 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 (919) 733 2698 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 Authorization shall expire five (5) years from the date of this letter
Page 4
This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0233 If
you have any questions please call Lauren Witherspoon at (919) 791 4251 This letter does not authorize any
impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of
Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to waters on this
protect
Sin/ rely
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Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures Certificate of Completion
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Tim Keith — Keith Building Corportation 2705 Alveston Circle Wake Forest NC 27587
Filename 12 0086_Dimarco Residence 5305 Smesis Ct_NBR_Approval