20070848 Ver 1_Approval Letter_20070601

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 1, 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,WSIV, NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B .0233(9)(b)] with ADDITIONAL CONDITIONS-Modification
Dear Mr. Magin:
You have our authorization, in accordance with the conditions listed below, to impact 211 (ft2) 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 I SA 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 c©nditions. For this
authorization to be valid, you must follow the conditions listed below. This Miiirr:or Variance
Authorization replaces the previous Minor VarianceAuthorization issued by DWQ on May 29, 2007.
I. No further impacts (except for "exempt" uses as identified within I SA NCAC 2B .0233) shall occur
to Zone I or Zone 2 of the protected riparian buffers.
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 thus project.
None h Carolina
401 Oversight/Express Review Permits Unit J1~atura!!~
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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Jerry Magin
Page 2 of 2
June 1, 2007
3. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, 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.
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 thus
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 211 s uare feet 317 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. 27611-7447. This Minor Variance Approval and its conditions are final and binding unless you asls
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.
Sincerely,
1 /l ~Zti~z~
Coleen H. Sullins, Director
Division of Water Quality
Attachment: NC EEP Letter
Certificate of Completion
CHSlcbk/asc
cc: Lauren Cobb, DWQ Raleigh Regional Office
Kelly Williams, NC EEP
DLR Raleigh Regional Office
File Copy
Central Files
File: 070848MaginProperty5205AzureLane(Wake)MinVARrev

~pF W"TFRp Michael F. Easley, Governor
~p ti William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
p .~ Coleen H. Sullins, 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 211 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 anon
211 S uare Feet of Buffers 317 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 Buffer 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 EEPrev
401 Oversight/Express Review Permitting Unit N ~tt~ral`na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 `/~l~j
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401
Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 40I Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No.
Date
rvncnaei r. ~asiey, wvernvr
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
County:
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North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NG 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hAtp://h2o.enr.state.nc.us/ncwetlands/