20070848 Ver 1_Approval Letter_20070529

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O~~ ~QG Michael F. Easley, Governor
.T,, William G. Ross Jr., Secretary
1_ North Carolina Department of Environment and Natural Resources
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p 'C' Atan W. Klimek, P.E. Director
Division of Water Quality
May 29, 2007
DWQ Project # 07-0848
County: Wake
Mr. and Mrs. Jerry Magin
5205 Azure Lane
Raleigh, NC 27613
Subject Property: 5205 Azure Lane, Olde Creedmoor S/D, Raleigh, NC
UT to Lower Barton Creek [030401, 27-16-1,WS]V, NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B .0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Magin:
You have our authorization, in accordance with the conditions listed below, to impact 400 (ftz) of
Zone 2 of the protected buffers for proposed pool at the subject property as described within your
variance request dated Apri12, 2007, received by the Division of Water Quality (DWQ) on May 16, 2007.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In
addition, you should get any other required federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control.
This authorization is only valid for the purpose and design that you described in your Minor
Variance Request dated Apri12, 2007. If you change your project, you must notify us and you may be
required to send us a new request for authorization. If the property is sold, the new owner must be given
a copy of this authorization and is thereby responsible for complying with all conditions. For this
authorization to be valid, you must follow the conditions listed below.
1. No further impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur
to Zone 1 or Zone 2 of the protected riparian buffers.
2. 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.
3. Certificate of Completion
Nona Carolina
4010versightlExpress Review Permits Unit ~ r"~uCa~~j/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-17861 FAX [phone] / lntemet; http://h2o.enr.state.nc.us/ncwetlands
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Jerry Magin
Page 2 of 2
May 29, 2007
Upon completion of all work approved within this Buffer Authorization, the applicant is required to
return the attached certificate of completion to the 401 OversightBxpress Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
4. Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to 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. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at [phone] if you have any questions concerning
payment into a restoration fund. You have one month from the date of this authorization to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into the
Buffer Restoration Fund to meet the following compensatory mitigation requirement:

Zone 2 Buffer Im acts Miti ation Re uired
Zone 2 Buffers 400 s uare feet 600 s uare feet
5. Protective Fencing
The outside buffer boundary approved under this authorization shall be clearly marked by orange
fabric fencing for the areas that have been approved to infringe within the buffer prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0233.
If you do not accept any of the conditions of this Minor Variance Approval, you may ask for an
adjudicatory hearing. 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, PO Box 27447, Raleigh,
N.C. 276 1 1-7447. This Minor Variance Approval and its conditions are final and binding unless you ask
for a hearing.
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 Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Attachment: NC EEP Letter
Certificate of Completion
AW Klcbk/asc
Sinc ly,
Alan imek, P.E., Director
ivision of Water Quality
cc: Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
File: 070848MaginProperty5205AzureLane(Wake)MinYAR

O~O~ W A T FgPG
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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. and Mrs. Jerry Magin have permission as outlined below to fill or
otherwise impact 400 square feet of Zone 2 Neuse River basin protected riparian buffers to construct the proposed
residential pool at the subject property which is located in Raleigh, in Wake County, North Carolina. 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 #: 20070848
LOCATION: 5205 Azure Lane, Raleigh, NC
COUNTY Wake
BASIN/ INDEX Neuse 03020201/27-16-(1)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable 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
400 S uare Feet of Buffers 600 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 Minor Variance 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: 070848MaginProperty5205AzureLane(Wake) NBR_EEP
N.oQne~Cazolina
401 Oversight/Express Review Permitting Unit dVUtllCll~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: hrip://www.ncwaterquality.org
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