20070123 Ver 1_Approval Letter_20070823

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Mr. Andy Debnam
1009 Deboy Street
Raleigh, NC 27606
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 30, 2007
DWQ Project # 07-0123v2
Wake County
1009 Deboy Street Driveway, Raleigh, NC
UT to Walnut Creek [030402, 27-34-(1.7), C, NSW]
AFTER-THE-FACT AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233)
Authorization Certificate
Dear Mr. Debnam:
You have our after-the-fact authorization, in accordance with 15A NCAC 02B .0233 and any
conditions listed below, to impact approximately 558 ft2 of Zone 2 of the protected riparian
buffers for the purpose of constructing the driveway at the subject property as described within
your application dated August 22, 2007, received by the Division of Water Quality (DWQ) on
August 29, 2007, with additional information received by DWQ on August 30, 2007. In
addition, 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, Non-discharge 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 must be given a copy of this authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to
follow the conditions listed below.
The Additional Conditions of the Authorization 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)
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
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Andy Debnam
Page 2 of 4
August 30, 2007
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 558 square feet of Zone 2 buffer impacts is 837
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 [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 837 ft2 of required riparian buffer mitigation for impacts to 558 ft2
of protected riparian buffers; 03-04-02, 27-34-(1.7) river and subbasin."
3. Buffer Restoration -You are required to mitigate for impacts to Zone 1 of the protected
riparian buffers. The required area of mitigation to compensate for the 9 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 under
Section XIV of the Preconstruction Notification Form received by DWQ on August 30,
2007 to plant 2 trees within the retained portions of the protected buffers, will satisfy the
mitigation requirement. You must ensure their survival for a period of at least five (5)
years. You are required to replace any of these trees that die within this five (5) year
period. You are required to provide proof in writing that the trees have 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.
4. 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

Andy Debnam
Page 3 of 4
August 30, 2007
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.
5. 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.
6. 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).
7. 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.
8. 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.
9. 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:

Andy Debnam
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August 30, 2007
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call
[phone]. This letter does not authorize any impacts to either Waters of the United States
or Waters of the State. Please contact the US Army Corps of Engineers (USAGE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Si rely,
Coleen H. Sullins, Director
Division of Water Quality
CHS/cbk/asc
Enclosures: Certificate of Completion
NCEEP Letter
cc: Lauren Cobb, DWQ Raleigh Regional Office
Steve Mitchell, 1813 Lancaster Drive, Garner, NC 27529
File Copy
Central Files
File Name: 070123v2_1009DeboyStreetDriveway(Wake)NBR

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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
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. Andy Debnam has permission as outlined below to impact 558
square feet of Zone 2 buffers for the purpose(s) of constructing the proposed driveway at 1009 Deboy Street in
Raleigh, in Wake 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 #: 2007-0123v2
LOCATION: 1009 Deboy Street Driveway
COUNTY Wake
BASIN/ SUB BASIN Neuse 030402, 27-34-(1.7)
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Isolated Wetlands Permit, you are
required to compensate for the above mitigable 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
558 s uare feet of Zone 2 buffers 837 s ware 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 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: 070123v2_1009DeboyStreetDriveway(Wake)EEP
No~r`thCarolina
401 Oversight/Express Review Permitting Unit ~1at~{pa~~y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
lntemet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting 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 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.
Signature: .Registration No. Date