20081202 Ver 1_Approval Letter_20080926

OF W ATF
`O? 9QG Michael F. Easley, Governor
?j y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sultins, Director
Division of Water Quality
September 26, 2008
DWQ Project # 2008-1202
Wake County
Mr. Doug Frelke
718 Edmond Street
Raleigh, NC 27604
Subject Property: 1613 Malta Avenue
UT to Walnut Creek [030402, 27-34-(4), C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B .0233(9)(b)]
Dear Mr. Frelke:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 7.08 square feet (ft2) of Zone 2 of the protected buffers to construct patio at the
subject property as described within your variance request dated June 17, 2008 and received by
the Division of Water Quality (DWQ) on August 6, 2008, with additional information received
by DWQ on September 15, 2008. This letter shall act as your Minor Variance authorization as
described within 15A NCAC 213 .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 213.0233) 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 Oversight/Express Review Permitting Unit N?oc?e Carolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 dVUtllt'R!!l,/
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Intemet:http://h2o.enr.stae.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Doug Frelke
Page 2 of 4
September 26, 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 7.08 square feet of impacts to Zone 2 of the protected riparian buffers is 10.62
square feet as required under this variance and 15A NCAC 2B .0233. The DWQ has
determined that your proposal dated September 15, 2008 to plant 2 native trees within
the retained portions of the protected buffers, 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 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 10.62 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.
Doug Frelke
Page 3 of 4
September 26, 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.
Deed Restrictions
Doug Frelke (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 for the subject property in
their natural state in perpetuity, prior to the sale or conveyance of 1613 Malta Ave 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
Doug Frelke
Page 4 of 4
September 26, 2008
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincer y,
Coleen H. Sullins
CHS/cbk/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
File Name: 081202DougFrelke 1613 MaltaAvenue(Wake)MinVar