HomeMy WebLinkAbout20061881 Ver 1_Minor Variance_20070205_ _ _ ___
Michael F. Easley, Governor
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~ William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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Q '< Alan W. Klimek, P.E. Director
Division of Water Quality
February 5, 2007
DWQ Project # 06-1881
Wake County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
River Mill COA c/o Charleston Management
Attn: Ms. Matoka Snuggs
PO Box 97243
Raleigh, NC 27624
Subject Property: River Mill COA Wastewater Treatment Plant
Neuse River [030402, 27-(22), WSN, NSW, Ca]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [ISA
NCAC 2B .0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Ms. Snuggs:
You have our authorization, in accordance with the conditions listed below, to impact 4 (ftz) of
Zone 2 of the protected buffers for the installation of a new chlorine contact tank at the subject property
as described within your variance request dated December 4, 2006, received by the Division of Water
Quality (DWQ) on December 6, 2006 with additional information received by DWQ on January 22, 2007.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). 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 is only valid for the purpose and design that you described in your Minor
Variance Request dated December 4, 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 further impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233)
shall occur to Zone 1 of the protected riparian buffers.
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage
from the new addition shall be directed to vegetated areas at non-erosive velocities prior
to entering the protected riparian buffers.
401 OversighUExpress 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 919-733-68931 Internet: http://h2o.en r. state. nc. us/ncwetlands
No ° hCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper
February 5, 2007
Charleston Management Corporation
Page 2 of 3
Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly
marked by orange fabric fencing for the areas that have been approved to infringe within
the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC
2B .0233.
4. Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all
retained protective buffers in order to prevent future buffer impacts. These mechanisms
shall be put in place prior to impacting any buffers approved for impact under this
Authorization Certificate.
5. 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.
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
4 square feet of impacts to the protected riparian buffers is 6 square feet as required under
this variance and 15A NCAC 2B .0233. The DWQ has determined that the planting plan
included in your additional information received January 22, 2007, for Zone 2 of the buffers
will satisfy this mitigation requirement as long as you plant at least 1 native tree within the
retained portions of the protected buffers. You must ensure their survival for a period of at
least five (5) years. You are required to replace this tree that 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. 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 42 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 919-733-9726 for additional information.
If you do not accept any of the conditions of this Minor Variance Approval, you may ask for an
adjudicatory hearing. 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, PO Box 27447, Raleigh,
N.C. 27611-7447. This Minor Variance Approval and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
1•ebruary 5, ZUU/
Charleston Management Corporation
Page 3 of 3
Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Amy Chapman at 919-715-6823 if you have
any questions or require copies of our rules or procedural materials.
Sincerely,
~' ~ w`'~
~ ~ Alan W. Klimek, P.E., Director
~~~ Division of Water Quality
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cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
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File: 061881 RiverMiIICOAW WTP(Wake)MinVAR