20090061 Ver 1_Approval Letter_20090219

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 19, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
R&B Homes, LLC
Attn: Mr. Rodney E. Geohagan
6107 NC Hwy 42 West
Garner, NC 27529
DWQ Project # 09-0061
Wake County
Subject Property: Lot 138 Vesta Drive, Greenbrier Estates, Garner, NC
UT to Swift Creek [030402, 27-43-5-2, WSIII, NSW, CA]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [I 5A NCAC 2B
.0233(9)(b)]
Dear Mr. Geohagan:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 11.68 square feet (ft2 ) of Zone 2 of the protected buffers to construct the porch at
the subject property as described within your variance request dated December 15, 2008 and
received by the Division of Water Quality (DWQ) on January 14, 2009, with additional
information received by DWQ on January 28, 2009. 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NorthCarolina
Natura!!rf
An Equal Opportunity 1 Affirmative Action Employer
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 (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 11.68 square feet of impacts to Zone 2 of the protected
riparian buffers is 17.52 square feet as required under this variance and 15A NCAC 2B
.0233. The DWQ has determined that your proposal received by DWQ on January 28, 2009
to plant 1 river birch tree within the retained portions of the protected buffers, will satisfy
the mitigation requirement. You must ensure its survival for a period of at least five (5)
years. You are required the tree if it dies within this five (5) year period. You are required to
provide proof in writing that the tree has been planted within one year of the date of this
letter. The proof of plantings shall be submitted to the Wetlands/401 Unit.
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.
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
R&B Homes, LLC (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the Division of Water Quality for the
purpose of maintaining the riparian buffers, as shown on the recorded plat (Greenbrier
Estates, Lot 138, Garner), in their natural state in perpetuity, prior to the sale of the subject
property in Garner, NC.
No person or entity shall perform any of the following activities on such buffer conservation
area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles
or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules (15A
NCAC 213.0233) of the Division of Water Quality and therefore may be enforced by the
Division of Water Quality. This covenant is to run with the land, and shall be binding on the
Owner, and all parties claiming under it."
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 Division of Water Quality 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
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Since ely,
a I LI
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater. Branch
File Name: 090061 Lot 138(Wake)MinVar
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Article Addressed to:
R&B Homes, LLC
Attn; Mr. Rodney E. Geohagan
6107 NC Hwy 42 West
Garner, .1C 27529
DWQ# 09-0061-Wake
Agent
?- ? Addressddressee-
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If YES, enter delivery address below: ? No
3. S rvice Type
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Registered Receipt for Merchandise
Insured Mail .O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 3230 0003 5889 8763
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