20070789 Ver 1_Approval Letter_20070615

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Mr. Tom Lancaster
1185 Sagamore Drive
Louisburg, NC 27549
Subject Property:
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 15, 2007
DWQ Project # 2007-0789
Franklin County
1185 Sagamore Drive, Lake Royale, Louisburg, NC
Lake Royale [030301, 28-31-(1), B, NSW]
After-the-FactAuthorization of Tar-Pamlico River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B .0259(9)(b)]
Dear Mr. Lancaster:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 177 square feet (ft2) of Zone 2 of the protected buffers to construct the
pool and associated retaining wall and 240 square feet (ft2) of Zone 2 and 50 square feet (ft2) of
Zone 1 for the walkway at the subject property as described within your variance request dated
Apri19, 2007 and received by the Division of Water Quality (DWQ) on May 7, 2007, with
additional information received by DWQ on June 11, 2007 and June 15, 2007. This letter shall
act as your Minor Variance authorization as described within 15A NCAC 2B .0259(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 the proposed sidewalk and "exempt" uses as identified within
15A NCAC 2B .0259) 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.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
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Tom Lancaster ~~
Page 2 of 4
June 15, 2007
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 177 square feet of impacts to the protected riparian
buffers is 266 square feet as required under this variance authorization and 15A NCAC
2B .0259. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by 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. In accordance with 15A NCAC 2B .0259,
this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B .0259(9)(C). Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this variance
authorization shall occur. Ms. Susan Klimek should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes,
this variance authorization authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 266 ft2 of required riparian buffer mitigation
for impacts to 177 ft2 of protected riparian buffers; 03020101 river and subbasin."
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0259) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ 401
Oversight/Express Permitting Unit for review and authorization. No impacts shall occur
to the protected buffers until the mitigation plan is approved by the DWQ.
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.

i
Tom Lancaster
Page 3 of 4
June 15, 2007
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 .0259(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 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 .0259.
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 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Authorization Certificate.
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.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this authorization, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. 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, 6714 Mail Service Center, Raleigh, NC
27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing. This Minor Variance Authorization shall expire five (5) years from the date of this
letter:

Tom Lancaster
Page 4 of 4
June 15, 2007
This letter completes the review of the Division of Water Quality under the Tar-Pamlico River
Riparian Buffer Protection Rules [15A NCAC 2B .0259(9)(b)]. Please call Ms. Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
,~~
Coleen H. Sullins, Director
Division of Water Quality
CHS/cbk/asc
Enclosures: NC EEP Letter
Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
Mr. John R. Davis; Soil Horizons; PO Box 1063; Youngsville, NC 27596
File Copy
Central Files
File: 0707891185 SagamoreDrive(Franklin)MinVar

O~OF W A T ~qQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, 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, Tom Lancaster has permission as outlined below to impact 177 square
feet for the purpose(s) of constructing the pool and associated retaining wall at 1185 Sagamore Drive, Lake R-Mart
Store at Eastern Avenue in Nashville (Store Number 4459-00) in Nash County. 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 #: 2007-0789
LOCATION: 1185 Sagamore Drive, Lake Royale, Louisburg, NC
COUNTY Franklin
BASIN/ SUB BASIN 03020101
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
177 s ware feet of Zone 2 buffers 266 s uare feet of Zone 2 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 401 Certification or Buffer 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: 0707891185 5agamoreDrive(Franklin)EEP
401 Oversight/Express Review Permitting Unit N,p,~htuCarl~na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ~/~/a
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - SO% Recycled/] 0% Post Consumer Paper