20070107 Ver 1_Buffer Determination_20070125

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 25, 2007
DWQ Project # 07-0107
Wake County
Page 1 of 2
Camden Living Excellence
Mr. Michael A. Archer
National Director of Facilities
3 Greenway Plaza
Suite 1300
Houston, TX 77046
Subject Property: Camden Overlook Apartment Homes, Raleigh, NC
UT to Mine Creek [30402, 27-33-14, C, NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Archer:
You have our approval, in accordance with the conditions listed below, to temporarily impact
approximately 1,400 square-feet (ft2) of Zone 2 of the protected riparian buffer to remove
sediment that had deposited due to the retaining wall failure and to permanently impact 200
square feet (ftZ) of Zone 2 of the protected buffers to reconstruct the retaining wall at the subject
property as described within your variance request dated January 18, 2007 and received by the
Division of Water Quality (DWQ) on January 18, 2007. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval,
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 approval 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 approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
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.
401 OversightlExpress 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] Internet; http~//h2o.enr state.nc.us/ncwetlands
None Carolina
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An Equal OpportunitylAffinnative Action Employer- 50% Recycled110% Post Consumer Paper

Michael A. Archer
Page 2 of 3
January 25, 2007
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
2. (On-site Restoration/Enhancement) -You are required to mitigate for impacts to the
protected riparian buffers. The required area of mitigation to compensate for 200 square
feet of permanent impacts to Zone 2 of the protected riparian buffers is 300 square feet as
required under this variance and 15A NCAC 2B .0233. The DWQ has determined that the
planting plan included in your application for Zone 2 of the buffers will satisfy this
mitigation requirement as long as you plant at least 2 oak trees within the retained portions
of the protected buffers. 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 300 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 919-733-9726. for additional information.
3. 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).
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
5. Re-vegetation within Zones 1 & 2
The plans provided along with the application depict sediment deposition within Zones 1 &
2 of the protected buffer. The disturbed areas must be re-vegetated immediately upon
completion of the rebuilding of the retaining wall.
6. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly
marked by orange fabric fencing for the areas that have been approved to infringe within
the buffer prior to any land disturbing activities to ensure compliance with 1 SA NCAC
2B .0233.
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 approval, 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

Michael A. Archer
Page 3 of 3
January 25, 2007
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval 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 [phone] if you have any questions or require copies of our rules or procedural
materials.
S' el}
Alan W. Klimek, P.E.
AWK/cbk/asc
Enclosures: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
Terra Tech Engineers Inc; 4905 Professional Ct; Raleigh, NC 27609
Danny Duke; Regional Facilities Director; 2114 Summit Ridge Loop; Morrisville, NC
27560
File Copy
Central Files
File Name: 070107Camdenoverlook(Wake)MinVar NBR

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
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:
Agent's Certification
Date:
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