HomeMy WebLinkAbout20071271 Ver 1_Approval Letter_20070828O~O~WAT~9QG
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Mr. James Armstrong
211 Crickentree Drive
Cary, NC 27518-9161
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
August 28, 2007
DWQ Project # 07-1271
Wake County
211 Crickentree Drive, Cary, NC
UT to Swift Creek [030402, 23-43-1, WSIII, NSW, 303d]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)]
Dear Mr. Armstrong:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 12 square feet (ftZ) of Zone 2 of the protected buffers to construct the porch at the
subject property as described within your variance request dated July 20, 2007 and received by
the Division of Water Quality (DWQ) on July 24, 2007, with additional information received on
August 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 "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.
401 OversighUExpress 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
No°e Carolina
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An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper
James Armstrong
Page 2 of 4
August 28, 2007
2. Buffer Mitigation (On-site Restoration/Enhancement) -You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate
for the 12 square feet of impacts to Zone 2 of the protected riparian buffers is 18 square
feet as required under this variance and 15A NCAC 2B .0233. The DWQ has determined
that your proposal to plant one (1) maple tree within the retained portions of the protected
buffers, would satisfy the mitigation requirement. You must ensure its survival for a
period of at least five (5) years. You are required to replace the tree if it dies within the
five (5) year period. You are required to provide proof in writing that the tree has been
planted within one year of the date of this letter. The proof of plantings shall be
submitted to the Wetlands/401 Unit. If this mitigation is not acceptable or practicable,
then you may choose to make a payment in to the Riparian Buffer Restoration Fund to
compensate for 18 square feet of mitigation as allowed under 15A NCAC 02B .0233. If
you choose to make this payment, please contact the Wetlands/401 Unit at 919-733-1786
for additional information.
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.
James Armstrong
Page 3 of 4
August 28, 2007
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 .0233(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 .0233.
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.
8. 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
at (919) 733-1786 if you have any questions or require copies of our rules or procedural
materials.
James Armstrong
Page 4 of 4
August 28, 2007
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Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
File Name: 071271_211CrickentreeDrive(Wake)MinVar