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HomeMy WebLinkAbout20070976 Ver 1_Approval Letter_20070824O~O~ W AT ~9PG > r ~~.~ Q `~ `C R.G. Tec Securities, Inc. Attn. Mr. Ronald Greger PO Box 97 Creedmoor, NC 27522 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 August 24, 2007 DWQ Project # 07-0976 Granville County Subject Property: Ronald Gregor-Southerby Subdivision Lot 19 AFTER-THE-FACT UT to Cedar Creek [030403, 27-12-1-1-(2), WSIV, NSW] Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear. Mr. Greger: You have our after-the-fact authorization, in accordance with the conditions listed below, to impact approximately 91 square feet (ft2) of Zone 2 of the protected buffers to construct the home at the subject property as described within your variance request dated June 5, 2007 and received by the Division of Water Quality (DWQ) on June 11, 2007, with additional information received by DWQ on July 27, 2007. This letter shall act as your Minor Variance authorization as described within 15A NCAC 2B .0233(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 "exempt" uses as identified within 15A NCAC 2B .0233) 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. 2. Buffer Mitigation (EEP) 4010versightlExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands None Carolina tura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper R.G. Tec Securities, Inc Page 2 of 5 August 24, 2007 You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 91 square feet as required under this variance authorization and 15A NCAC 2B .0233. 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 .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(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 (919) 733-5205 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 137 ft2 of required riparian buffer mitigation for impacts to 91 ft2 of protected riparian buffers; 03-04-O1, 27-12-1-1-(2) river and subbasin." 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. 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. R.G. Tec Securities, Inc Page 3 of 5 August 24, 2007 5. Diffuse Flow (No Further Review Needed) 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 .0233(5). In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0233(5)), you have provided the DWQ with level spreader designs received by DWQ on July 27, 2007. The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) has not been achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed development be piped directly through the buffer without prior written authorization by DWQ. The structural stormwater practices as approved by this Office, as well as drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances and on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. An Operation & Maintenance (O&M) agreement signed by the current landowner must be approved by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified of every transfer. 6. Buffer Restoration Riparian zone restoration is required as a condition of this Authorization. 1,100 square feet of Zone 1 of the protected riparian buffer must be restored. Specifically, it is required that at least two different native tree species are planted at a density sufficient to provide 320 trees per acre at maturity. [This density is usually achieved by planting approximately 436 trees/acre on a 10 x 10 ft. grid or 681 trees/acre on an 8 x 8 ft. grid.] In an effort to comply with this requirement, you have submitted an acceptable planting plan dated May 15, 2007, received by the DWQ on July 27, 2007. The riparian zone plantings shall be completed by December 31, 2007. Plantings shall not occur until at least October 1, 2007 due to dry drought conditions. Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. R.G. Tec Securities, Inc Page 4 of 5 August 24, 2007 7. Removal of Accumulated Sediment You have submitted a plan to remove accumulated sediment from Zone 1 of the protected riparian buffer dated May 15, 2007, received by the DWQ on July 27, 2007. This plan is acceptable for addressing the accumulate sediment violation in Zone 1 of the protected riparian buffers. 8. 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 .0233. 9. 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. 10. 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. 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. 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 Ms. Amy Chapman R.G. Tec Securities, Inc Page 5 of 5 August 24, 2007 at (919) 733-1786 if you have any questions or require copies of our rules or procedural materials. Since y Coleen H. Sullins, Director Division of Water Quality CHS/ijm/asc Enclosures: Certificate of Completion NC EEP Letter cc: Lauren Cobb, DWQ Raleigh Regional Office File Copy Central Files File Name: 070976SoutherbySDLot19(Granville)Min_Var O~O~ W A T ~qQG ~ _ L ~ -i 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 North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Ronald Gregery of R.G. Tec Securities, Inc has permission as outlined below to impact 91 square feet of Zone 2 of the protected riparian buffers to build a house at Lot 19 in Southerby Subdivision in Creedmoor, NC in Granville 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 #: 2007-0976 LOCATION: Lot 19 Southerby Subdivision, Creedmoor COUNTY Granville BASIN/ SUB BASIN 030403, 27-12-1-1-(2) As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters 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 91 s uare feet of Zone 2 buffers 137 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 and/or Stream Restoration Funds 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 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 (919)733-5205 Filename: 070976SoutherbySDLot 19(Granville)EEP 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 2' Phone (919) 733-1786 /Fax (919) 733-6893 Internet: http://www.ncwaterquality.org None Carolina tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recy~led/10% Post Consumer Paper Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Certification or county: Upon completion of all work approved withi the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is requir d to return this certificate to the 401 OversightlExpress Permitting Unit, North Carolina Division of Water Quality, 165 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applican '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 constructions h 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: Agent's Certification I, used in the observation of the compliance and intent of the 401 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 Permiee 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. Date: ereby state that, to the best of my abilities, due care and diligence was construction su h that the construction was observed to be built within substantial Water Quality ertification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date