The URL can be used to link to this page

Home My WebLink About20060507 Ver 2_Approval Letter_20081016F WAIF --- !9 Michael F. Easley, Governor y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 6- -i 10( 0 Coleen H. Sullins, Director Division of Water Quality October 16, 2008 Ms. Mary Stewart Manasse 2720 Montgomery Street Raleigh, NC 27705 DWQ # 06-0507v2 Wake County Subject Property: Lot 1 (Previously 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 1,541 square feet (ft) of Zone I of the protected buffers and 1,129 square feet (ft) of Zone 2 of the protected buffers on Lot 1 (previously Lot 24) to construct the proposed home, deck and front porch on the subject property as described within your major variance modification request dated September 29, 2008, received by the Division of Water Quality (DWQ) on September 29, 2008. The original major variance application was 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 February 4, 2008. 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. 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 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 N `hCarolina Noaturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper October 16, 2008 Manasse Major Variance Page 2 of 3 Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices 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 Division of Water Quality. Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all retained protective buffers in order to prevent future buffer impact. These mechanisms shall be put in place prior to impacting any buffers approved for impact under this Authorization Certificate. 4. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, 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. Mitigation: Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to 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. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into a restoration fund. You have one month from the date of this authorization to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required Reference Mitigation Zone 1 Buffers Revised Major on Lot 1 110 (square feet) Variance App (newly 330 (square feet) proposed impacts) Zone 2 Buffers Revised Major on Lot 1 25 (square feet) Variance App (newly 37.5 (square feet) proposed impacts) 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. October 16, 2008 Manasse Major Variance Page 3 of 3 This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [I 5A 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. I Enclosure: NC EEP Letter Sincerely Coleen H. Sullins cc: Hester & Company, Attn: Mr. J. Thomas Hester, PO Box 12828, Raleigh, NC 27605 New City Design Group, Attn: Mr. Jeff Rezeli, 1304 Hillsborough St, Raleigh, NC 27605 Lauren Witherspoon, DWQ Raleigh Regional Office Matt Matthews, DWQ Wetlands and Stormwater Branch File Copy CHSI UnVasc File: 060507v2ManasseLot 1(Wake)Maj VARMod4 o`'o? W A ??9pti > o 11;? 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 and Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mary Stewart Manasse has permission as outlined below to impact 110 square feet of Zone 1 buffers and 25 square feet of Zone 2 buffers to construct the proposed deck and porch at Lot 1 (previously Lot 24) in the D.L. Johnson Subdivision in Raleigh, NC in Wake County. 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 EEP PROJECT NAME: Lot I (Previously Lot 24) DWQ PROJECT #: 2006-0507v2 LOCATION: 2301 Oxford Road, Raleigh, NC COUNTY Wake BASIN/ SUB BASIN Neuse, 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 and surface waters 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 110 square feet of Zone 1 buffers 330 square feet of buffers 25 square feet of Zone 2 buffers 37.5 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 (919) 715-0476 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.newaterquality.org Filename: 060507v2ManasseeLotl (Wake)NBR-EEP Nre ohCarolina Natirally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper