20072052 Ver 1_Approval Letter_20080602

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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
June 2, 2008
DWQ # 07-2052
Lincoln County, NC
Page 1 of 2
Mr. Frank Hoguet
3563 Governors Island Drive
Denver, NC 28037
Subject Property: 3563 Governors Island Drive, Denver, NC
Lake Norman [030832,11-(75), WSIV, B, Ca]
VARIANCE APPROVAL per the CATAWBA RIVER RIPARIAN AREA
PROTECTION RULE 115A NCAC 2B.0243(9)] w/ ADDITIONAL CONDITIONS
Dear Mr. Hoguet:
You have our approval, in accordance with the attached conditions and those listed
below, to temporarily impact approximately 800 feet of Zone 1 of Catawba River basin
protected riparian buffers and 0 square feet of Zone 2 of Catawba River basin protected
riparian buffers for the purpose of constructing the proposed pool at the site as described
within your Variance Request dated November 22, 2007, and received by the Division of
Water Quality (DWQ) on December 7, 2007, with additional information received by
DWQ on January 14, 2008, March 19, 2008, March 31, 2008, and May 22, 2008. This
letter shall act as your Variance approval as described within 15A NCAC 2B .0243(9).
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
and Non-Discharge.
This approval is only valid for the purpose and design that you described in your
Variance Request. If you change your project, you must notify us and you may be
required to send us a new application and request a new Variance approval. If the
property is sold, the new owner must be given a copy of this approval and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now
or in the-Tufure) exceed one acre, compensatory mitigation may be required as described
in 15A NCAC 2H .0506(h)(6) and.(7). For this approval to be valid, you must follow the
conditions listed in the attached Apprvoal and any other conditions listed below.
The Additional Conditions of the Certification are:
1. Buffer Mitigation (EEP)
401 Oversght/Express 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: htta://h2o.enr.state.nc.us/ncwetlands
one
NhCarolina
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Frank Hoguet
Page 2 of 4
June 2, 2008
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 800 square feet of impacts to Zone 1 of the protected
riparian buffers is 1,600 square feet as required under this variance authorization and 15A
NCAC 2B .0243. 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
.0243, this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B .0243(9). 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. Kelly Williams 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 1,600 ft2 of required riparian buffer mitigation
for impacts to 800 ft2 of protected riparian buffers; 030832,11-(75) river basin and
stream index.
The DWQ will also accept an alternative method of mitigation (including but not limited
to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A
NCAC 02B .0244) to satisfy this mitigation requirement. If you choose to pursue this
option, then you are required to submit in writing a mitigation plan to the DWQ 401
Oversight/Express Permitting Unit for review and authorization. No impacts shall occur
to the protected buffers until the mitigation plan is approved by the DWQ.
2. 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.
3. No Waste, Spoil, Solids, or Fill of Any Kind
Prank Hoguet
Page 3 of 4
June 2, 2008
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.
4. 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 .0243(5).
5. 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 .0243.
6. 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.
7. Deed Restrictions
Frank Hoguet (permittee) shall execute and cause to be recorded in the Lincoln County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers, as shown on the recorded plat (Plat Book F, Page 398,
Lot 42), in their natural state in perpetuity, prior to the sale or conveyance of 3563
Governor's Island Drive, Lot 42, Denver, NC. The permittee shall enforce the terms of
.Alat,restrictive covenants and, prior to conveyance of Governor's Island Drive, Lot 42,
Denver, NC, 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.
8. Stormwater (No Further Review Needed)
The structural stormwater practices (bioretention plan dated May 21, 2008, received by
DWQ on May 22, 2008) as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the DWQ.
Frank Hoguet
Page 4 of 4
June 2, 2008
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 DWQ under the Catawba River Riparian Buffer
Protection Rules [15A NCAC 2B.0243(9)]. Please call Ms. Amy Chapman at [phone] if
you have any questions or require copies of our rules or procedural materials. j
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Enclosures: Certificate of Completion
NCEEP Letter
Sincerely,
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Coleen H. Sullins
cc: Alan Johnson, DWQ Mooresville Regional Office
DLR Mooresville Regional Office
Chris Estes, Estes Design, Inc, PO Box 79133, Charlotte, NC 28271-7050
File Copy
Central Files
File Name: 072052FrankHoguetSwimmingPool(Lincoln)CBR_Var
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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. Frank Hoguet, has permission to fill or otherwise impact 800 square
feet of Zone 1 Neuse River basin protected riparian buffer, to construct the proposed swimming pool at the site,
which is located at 3563 Governor's Island Drive, Denver, Lincoln 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 PROJECT 2007-2052
LOCATION: Denver
COUNTY Lincoln
BASIN/ BASIN & Index: Neuse/030832, l l-(75)
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).
Impacts Mitigation
800 S uare Feet of Zone 1 Buffers 1,600 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 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: 072052FrankHoguetSwimmingPool(Lincoln )Var_EEP
NO" Carolina
401 Oversight/Express Review Permitting Unit NtYrRllly
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