20080260 Ver 1_Approval Letter_20080211

~QF W ATF9Q Michael F. Easley, Governor
,1~ G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
p .~- Coleen H. Sullins, Director
Division of Water Quality
February 11, 2008
DWQ Project # 2008-0260
Wake County
Mr. Michael David and Ms. Christine C. Lehr
8348 Nantahala Drive
Raleigh, NC 27612
Subject Property: 8348 Nantahala Drive Sunroom Addition, Umstead Ridge SD,
Raleigh NC
UT to Turkey Creek [030402, 27-33-9-2, B, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .O233(9)(b)]
Dear Mr. Michael David and Ms. Christine C. Lehr:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 70 square feet (ftZ) of Zone 2 of the protected buffers to construct proposed
sunroom at the subject property as described within your variance request dated February 6,
2008 and received by the Division of Water Quality (DWQ) on February 7, 2008. 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.
401 OversighUExpress Review Pennitting Unit
1650 Mail Service Center, Raleigh, 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
No°ehCarolina
~atura!!y
An Equal OppoRunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Pap@r ~

Mr. Michael David and Ms. Christine C. Lehr
Page 2 of 4
February 11, 2008
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 70 square feet of impacts to Zone 2 of the protected riparian buffers is 105 square
feet as required under this variance and 15A NCAC 2B .0233. The DWQ has determined
that if you plant 3 shrubs within the retained portions of the protected buffers, this 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 shrubs that die within this five (5)
year period. You are required to provide proof in writing that the shrubs 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 105 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.

i
Mr. Michael David and Ms. Christine C. Lehr
Page 3 of 4
February 11, 2008
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. l SA 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 Restrictions
Mr. Michael David and Ms. Christine C. Lehr (permittee) shall execute and cause to be
recorded in the Wake County Register of Deeds restrictive covenants acceptable to the
Division of Water Quality for the purpose of maintaining the riparian buffers, as shown
on the recorded plat (Lot 118 Phase III, Umstead Ridge Subdivision), in their natural
state in perpetuity, prior to the sale or conveyance of 8348 Nantahala Drive in Raleigh,
NC. The permittee shall enforce the terms of the restrictive covenants and shall take no
action on the subject site described in the covenants inconsistent with the terms thereof.
This requirement excludes riparian areas authorized for impacts in accordance with this
minor variance approval. The permittee shall provide a copy of the recorded restrictive
covenants to the Division of Water Quality within 15 days of recording.
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

Mr. Michael David and Ms. Christine C. Lehr
Page 4 of 4
February 11, 2008
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
1 /.O
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
File Name: 080260_8348NantahalaDrive(Wake)MinVar

~;
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 Uriit,
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 QuaIfty 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 Permittee 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