20080285 Ver 1_Approval Letter_20080219

«+~
O~O~ W A T ~9pG
~ I~ r
1 VW~~ -~
Mr. Josh Chenery
410 North Boylan Avenue
Raleigh, NC 27603
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
February 19, 2008
DWQ Project # 2008-0285
Wake County
Subject Property: 3600 Oak Creek Drive Lot 109, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)]
Dear Mr. Chenery:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 266 square feet (ft2) of Zone 2 of the protected buffers to construct the retaining
wall at the subject property as described within your variance request dated February 12, 2008
and received by the Division of Water Quality (DWQ) on February 12, 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.
2. Buffer Mitigation (EEP)
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]! FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
Noo° Carolina
~tura!!y
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Josh Chenery
Page 2 of 4
February 19, 2008
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 266 square feet of impacts to Zone 2 of the protected
riparian buffers is 399 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 399 ft2 of required riparian buffer mitigation
for impacts to 266 ft2 of protected riparian buffers; 03020201 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.

Josh Chenery
Page 3 of 4
February 19, 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 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 Restrictions
Josh Chenery (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers, as shown on the recorded plat (Kerr-Smith Homes &
Land Lot 109 Bellevue Terrace, February 1 1, 2008), in their natural state in perpetuity,
prior to the sale or conveyance of the subject site 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 DWQ
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

Josh Chenery
Page 4 of 4
February 19, 2008
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
~~
Coleen H. Sullins
CHS/cbk/asc
Enclosures: Certificate of Completion
NC EEP Letter
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Steve Mitchell, 1813 Lancaster Dr, Garner, NC 27529
File Copy
Central Files
File Name: 080285_3600RockCreekDrive(Wake)MinVar

O~o~W~T ~9QG
~ _ ~ _r. -I
O '~'
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. Josh Chenery has permission as outlined below to fill or otherwise
impact 266 square feet of Zone 2 buffer to construct`the proposed retaining wall at the subject property which is
located at 3600 Oak Creek Drive, Lot 109, in Raleigh, in Wake County, North Carolina. 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 EXP PROJECT #: 20070285
LOCATION: 3600 Oak Creek Drive, Lot 109, Raleigh, NC
COUNTY Wake
BASIN/ SUB BASIN Neuse (HUC: 03020201)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers 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
266 square feet of Zone 2 buffers 399 square 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 Buffer Restoration Fund per NCAC 2R,0503. If you choose this option, please sign this form and mail
the form along with a copy of Variance 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: 080285 3600RockCreekDrive(Wake)MinVar_EEP
None Carolina
401 Oversight/Express Review Permitting Unit ~tllCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

3
DWQ Project No.:
Applicant:
.Project Name:
Certification of Completion
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 OversightlExpress Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, I~a.leigh, 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 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 withm
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