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Home My WebLink About20130427 Ver 1_Approval Letter_20130712� 4ja NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor HJ Morris Construction, Inc. Attn: Henry J. Morris 1708 Trawick Road, Suite 209 Raleigh, NC 27604 Division of Water Quality Thomas A. Reeder Acting Director July 12, 2013 John E. Skvarla, III Secretary DWQ # 13 -0427 Wake County Subject: APPROVAL WITH CONDITIONS OF NEUSE RIVER RIPARIAN AREA PROTECTION RULES MAJOR VARIANCE [15A NCAC 02B .0233(9)(c)] 8103 Dreamy Way Dear Mr. Morris: You have our approval for the impacts listed below for the purpose described in your application dated April 19, 2013 , received by the Division of Water Quality (Division) April 19, 2013, with subsequent information received on April 22, April 24, April 29, May 1, May 29, and June 11, 2013. This letter shall serve as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed below: 1. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers — Zone 1 471 (square feet) 0 (square feet) Buffers — Zone 2 1,017 (square feet) 0 (square feet) Wetlands, Buffers, Stormwater, Compliance and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919 -807 -6301 1 FAX: 919 - 807 -6494 Internet: http: / /portal.ncdenr.org /web /wq/ws An Equal Opportunity 1 Affirmative Action Employer HJ Morris Construction, Inc. DWQ# 13 -0427 Major Variance Approval Page 2 of 4 2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall occur within the protected riparian buffer unless approved by the Division. 3. Mitigation must be provided for the approved impacts as specified in the table below. The Division has received an acceptance letter from the Forrest Creek /Rudolph Mitigation Bank to meet this mitigation requirement. Until the Forrest Creek /Rudolph Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Approval shall occur. For accounting purposes, this Approval authorizes payment to the Forrest Creek /Rudolph Mitigation Bank to meet the following compensatory mitigation requirement: 4. Stormwater Management Plan The Division approves the Stormwater Management Plan (SMP) consisting of a bioretention area, rerouting of gutters and associated downspouts, planting of unvegetated portions of Zones 1 and 2 within the buffer with native shrub species, and payment of nutrient offset mitigation, depicted on the Stormwater Management Plan dated REVISED June 11, 2013, which is incorporated by reference and enforceable by the Division. 5. Protective Covenants A restrictive covenant shall be placed on the lot to ensure that the filling, draining, creation of concentrated stormwater flow, or impacts to riparian buffer (streamside) vegetation; alterations of the rain gutters, outlet dissipater pad, streamside planting, or bio- retention areas do not occur. It shall state that the stream and protected Neuse River Riparian Buffer exists on the property, stipulate that the direct discharge of stormwater runoff through the buffer to the stream is prohibited, and require that gutters, outlet dissipater pad, stream side plantings, and bio- retention area remain in place and be utilized and maintained on a regular basis. The Division is to be notified in writing of any proposal to remove or modify the above stormwater control measures. 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference and are an enforceable part of this Approval. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Approval and is responsible for complying with all conditions. Compensatory River and Sub -basin Mitigation Required Number Buffers 2,938.5 (square feet) 03020201- Neuse Nitrogen 34.725 (pounds) 03020201- Neuse (excluding Falls) 4. Stormwater Management Plan The Division approves the Stormwater Management Plan (SMP) consisting of a bioretention area, rerouting of gutters and associated downspouts, planting of unvegetated portions of Zones 1 and 2 within the buffer with native shrub species, and payment of nutrient offset mitigation, depicted on the Stormwater Management Plan dated REVISED June 11, 2013, which is incorporated by reference and enforceable by the Division. 5. Protective Covenants A restrictive covenant shall be placed on the lot to ensure that the filling, draining, creation of concentrated stormwater flow, or impacts to riparian buffer (streamside) vegetation; alterations of the rain gutters, outlet dissipater pad, streamside planting, or bio- retention areas do not occur. It shall state that the stream and protected Neuse River Riparian Buffer exists on the property, stipulate that the direct discharge of stormwater runoff through the buffer to the stream is prohibited, and require that gutters, outlet dissipater pad, stream side plantings, and bio- retention area remain in place and be utilized and maintained on a regular basis. The Division is to be notified in writing of any proposal to remove or modify the above stormwater control measures. 6. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference and are an enforceable part of this Approval. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Approval and is responsible for complying with all conditions. HJ Morris Construction, Inc. DWQ# 13 -0427 Major Variance Approval Page 3 of 4 7. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /portal.ncdenr.org/ web /wg /swp /ws /401 /certsandpermits /apply /forms). 8. This approval grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This approval and its conditions can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Approval shall be final and binding. HJ Morris Construction, Inc. DWQ# 13 -0427 Major Variance Approval Page 4 of 4 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Contact Jennifer Burdette at 919 - 807 -6364 or iennifer.burdette @ncdenr.gov if you have any questions or concerns. Enclosure: Declaration approved by the WQC cc: Bob Zarzecki, S &EC (via email) RRO SWP DWQ Webscape Unit SiLKaren l gins, Supervis Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Filename: 130427HJMorrisConstruction8103DreamyWay (Wake)_MajVar Instrument Prepared By: The Thompson Law FiuYn, PLLC Brief Description for Index: Lot 9 Stonehaven Mail After Recording To: The Thompson Law Firin, PLLC (Box 227) STATE OF NORTH CAROLINA COUNTY OF WAKE DECLARATION OF COMPLIANCE OF STREAM & BUFFER REGULATIONS FOR LOT 9, STONEHAVEN SUBDIVISION MAP BOOK 2006, PAGE 1647, WAKE COUNTY TITLE 15A NCAC 2B.02001 THIS DECLARATION OF COMPLIANCE OF STREAM & BUFFER REGULATIONS FOR LOT 9, STONEHAVEN SUBDIVISION (the "Agreement ") is made this _th day of July, 2013, by HJ MORRIS CONSTRUCTION, INC., whose address is 1708 Trawick Road, Suite 209, Raleigh, North Carolina 27604, (hereinafter referred to as the "Declarant "). WITNESSETH WHEREAS, Declarant is the owner in fee simple of that certain property situated in Wake County, North Carolina and more particularly described as follows; BEING all of Lot 9, Stonehaven Subdivision as shown on that plat recorded in Book of Maps 2006, Page 1647, Wake County Registry. (hereinafter, the "Property ") WHEREAS, a portion of this lot has been determined to meet the requirements for designation as a stream and protected stream buffer; and WHEREAS, the Declarant desires to ensure continued compliance with all rules adopted by the State of North Carolina with respect to streams and protected stream buffers, as pursuant to Neuse Buffer Rules 15A NCAC 2B .0233 and as depicted on the attached plat map entitled 44 " (hereinafter "Map ") and therefore desires to grant the State of North Carolina enforcement rights; and WHEREAS, the covenants contained herein iitn with the land and bind all Parties and all persons claiming under them; and WHEREAS, this Declaration has been procured in accordance with Title 15A NCAC 2B 0200. NOW, THEREFORE, for a valuable consideration, including the benefits Grantors may derive therefrom, the receipt of which is hereby acknowledged, the Declarant hereby agrees as follows: 1. RECITALS. The foregoing recitals shall constitute an integral part of this Agreement, and this Agreement shall be incorporated herein and made a part hereof 2. COVENANTS. a. A portion of this lot (as depicted or described on the attached Map) has been determined to meet the requirements for designation as a stream and protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional stream or buffer filling, draining, creation of concentrated stormwater flow, or impacts to riparian buffer(s) (streamside) vegetation, so the property owner should not assume that a fiiture application for idling, draining or riparian vegetation removal would be approved. The property owner shall report the name of the subdivision, copy of the variance and this covenant in any application pertaining to said rules. b. The stream and protected Neuse River Riparian Buffer exists on the property. Direct discharge of stor7mwater runoff through the buffer to the stream is prohibited. Gutters, outlet dissipater pad, stream side plantings, and bio- retention area have been provided on the house and property to help ensure that such discharge does not occur. These matters should remain in place, be utilized and maintained on a regular basis. The Division of Water Quality is to be notified in writing of any proposal to remove or modify the above stormwater control measures. This written notification is to be mailed to Division of Water Quality, Raleigh Regional Office, 3800 Barrett Drive, Raleigh, NC 27609. C. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina and therefore the State of North Carolina may enforce benefits. d. This covenant is to run with the land and shall be bonding on all Parties and all persons claiming under them. 3. RESERVATION BY RECORD OWNER. The Declarant shall in all other respects remain the owner of the Property, subject to the above restrictions, and may make all lawfiil uses of the Property not inconsistent therewith. 4. SUCCESSORS AND ASSIGNS. The Declarant shall include the Parties, heirs, assigns, and successors in interest. 5. AMENDMENT. No Amendment to this Declaration shall become effective until executed by the appropriate parties, approved by NCDENR and recorded in the office of the County Register of Deeds. 6. TERM. This Declaration shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, the Declarant has executed this Agreement and raider seal as of the day and year first above written. HJ MORRIS CONSTRUCTION, INC. - Declarant Wake County, North Carolina Hemy J. Morris, President 1708 Trawick Road, Ste 209 Raleigh, NC 27604 Tele: (919)250 -6000 I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Henry J. Morris, President Date: Typed notary name, Notary Official Seal My commission expires: