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HomeMy WebLinkAbout20060507 Ver 1_Modifications_20080204WATF ? Ity iQp Michael F. Easley, Governor 0 William G. Ross Jr., Secretary d N l R f E i esources ronment an atura nv North Carolina Department o O 'C Coleen H. Sullins, Director Division of Water Quality February 4, 2008 Ms. Mary Stewart Manasse 2720 Montgomery Street Raleigh, NC 27705 DWQ # 06-0507 Wake County Subject Property: Lot 24 in the D.L. Johnson Subdivision, Raleigh, Wake County, NC Oxford Branch [030402, 27-33-16, C NSW] AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A NCAC 2B.0233(9)(c)] with ADDITIONAL CONDITIONS-MODIFICATION Dear Ms. Manasse, You have our authorization, in accordance with the conditions listed below, to impact 1,431 square feet (ft) of Zone 1 of the protected buffers and 1,104 square feet (ft) of Zone 2 of the protected buffers on Lot 24 to construct the proposed home on the subject property as described within your major variance request dated March 27, 2006, received by the Division of Water Quality (DWQ) on June 23, 2006, and approved by the Water Quality Committee on July 12, 2006. This letter shall act as your Major Variance authorization as described within 15A NCAC 2B .0233(9)(c). In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control. This Authorization replaces the previous authorization modification dated August 27, 2007. This authorization is only valid for the purpose and design that you described in your Major Variance Request dated March 27, 2006. If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. 1. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan for your rain garden (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to Amy Chapman, 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) at least 30 days prior to construction at the site. The stormwater management plans for your rain garden shall be approved in writing by this Office before the impacts specified in this Major Variance can occur. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets. Also, 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr. state. nc. us/ncvvetlands one N Carolina Nfll"1711Y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper February 4, 2008 Manasse Major Variance Page 3 of 3 have stated in your Major Variance application that you will pay the NCEEP for the 1,656 square feet of mitigation area to compensate for buffer impacts. You must ensure the 32 trees survival for a period of at least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees have been planted within thirty (30) days of the City of Raleigh lifting the watering restrictions. The proof of plantings shall be submitted to Amy Chapman of the Wetlands/401 Unit and copied to Lauren Cobb of the Raleigh Regional Office. 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 letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you have any questions or require copies of our rules or procedural materials. S' rely, Coleen H. Sullins Enclosure: NC EEP Letter cc: Christopher Hopper; Robert J. Goldstein and Associates, Inc; 1221 Corporation Parkway, Suite 100; Raleigh, NC 27610 Lauren Witherspoon, DWQ Raleigh Regional Office File Copy Central Files CHS/ijm/asc File: 060507ManasseLot24(Wake)Maj VARMod3 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 211.0500, Mary Stewart Manasse has permission as outlined below to impact 1,431 of the square feet of Zone 1 Neuse River basin protected riparian buffers and 1,104 square feet of Zone Wake County. d riparian buffers for the proposed on Lot 24 in the D.L. Johnson impacts must be conducted with ither conditions listed in the attached All activities associated with Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20060507 LOCATION: Raleigh, NC COUNTY Wake BASIN/ SUB BASIN Neuse/030402, 27-34-16 As required by 15A NCAC 2H.0500, and the conditions of this Major Variance, you are required to compensate for reservation of wetlands, surface the above mitigable impacts through the resttor prior to conducting any act'vitie s that impact or degrade the waters of waters and riparian buffers as outlined below the state. Program must Note: Acreage requirements proposed to be mitigated through the linear foot requi ement em st be rounded up to the nearest rounded to one-quarter acre increments and foot according to 15 2R.0503(b). feet of Zone 1 ri arian buffers 1,560 square feet of Zone 1 riparian buffers*** 1,431 s uare Impacts 1,104 s uare feet of Zone 2 ri arian buffers 1,656 square feet of Zone 2 riparian buffers portion of the Zone 1 impacts are being Riparian BufferaRestoration rema Fund. ha needs to be mitigated through hea the remaining portion of Zone 1 buffer area t One of the options you have available to satisfy the compensatory mitigation requirement is through sign this form of a fee to the Riparian Buffer with a Restoration Fund per NCAC copy of your Major Va ancetothe Ecosystem Enhancemtent,Program at the and mail the form along ng w PY address below. invoice for the aebUNTIL YOU RECEIVE NOTIFICATION PLEASE NOTE, , THE ABOVE IMPACTS ARE NOT AUTHORIZED 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 (919) 733-5205 Filename: 060507ManasseLot24(W ake)Mai VAR_EEP Noe Carolina NR rallbf 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org WATF,9 ' r A., Fmml Onnortunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper