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HomeMy WebLinkAbout20061881 Ver 1_Minor Variance_20070205_ _ _ ___ Michael F. Easley, Governor ~OFWATF9P ~ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources >_ ~ 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 ,Nrtatura!!r~ 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 tt cc: Mike Horan, DWQ Raleigh Regional Office File Copy Central Files AW Klcbk/asc File: 061881 RiverMiIICOAW WTP(Wake)MinVAR