20081786 Ver 2_Approval Letter_20090224

LPIWA
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 24, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Paul and Kathleen Forrest
511 Dundalk Way
Cary, NC 27511
DWQ Project # 08-1786v2
Wake County
Subject Property: 511 Dundalk Way, Cary, NC
UT to Swift Creek [030402, 27-43-(1), WSIII, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance [I 5A NCAC 2B
.0233(9)(b)]
Dear Mr. and Mrs. Forrest:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 295 square feet (ft2 ) of Zone 2 of the protected buffers to construct the porch and
deck at the subject property as described within your variance request dated January 14, 2009
and received by the Division of Water Quality (DWQ) on January 20, 2009, with additional
information received by DWQ on February 13, 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 wi fi any other r u* ?d fedefa!, state o
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: hap://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
?aturall?
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 (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for 295 square feet of impacts to Zone 2 of the protected riparian
buffers is 442.5 square feet as required under this variance authorization and 15A NCAC 2B
.0233. 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 .0233, this contribution
will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C).
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 Willams 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 442.5 ft2 of
required riparian buffer mitigation for impacts to 295 ft2 of protected riparian buffers;
03020201 river and subbasin."
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
.0233) 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.
3. Erosion & Sediment Control Practices
onion an siadiment-cantr6l-practices-must-be-in-full-m p4ance 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
Paul and Kathleen Forrest (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,- shown on the recorded piat (5 11
Dundalk Way, Cary, NC), in their natural state in perpetuity, prior to the sale of the subject
property in Cary, 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 2B.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.
Sin ely,
4q-- Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
NC EEP Letter
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, -DWQ Wetlands and Stormwater Branch
File Name: 081786v2_511 DundalkWay(Wake)MinVar
LT-IWA
A?j'ANCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Paul B. Forrest of 511 Dundalk Way in Cary, NC has permission to fill or
otherwise impact 295 square feet of Zone 2 Neuse River basin protected riparian buffer in the Neuse River Basin, to
construct the proposed porch and deck, which is located at 511 Dundalk Way in Cary, Wake 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
NC EEP NAME 511 Dundalk Way-Forrest
DWQ PROJECT 2008-1786v2
LOCATION: Cary
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, 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
295 Zone 2 Buffers 442.5 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 28.0503. 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]
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:l/h2o,enr.state.nc.us/ncwetlands/
Filename: 081786v2_5l l DundalkWay(Wake)NBR_EEP
NorthCarolina
IV
,,/
An Equal Opportunity 1 Affirmative Action Employer

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Paul and Kathleen Forrest
511 Dundalk Way
Cary, NC 27511 3. Service Type
D WQ# 08-1786-v2-Wake
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401 Oversight/Express Unit
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