20060889 Ver 1_Complete File_20060602

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June 8, 2006
Mr. Eric Neal
4338 Stevens Chapel Road
Smithfield, NC 27577
Subject Property: Site 2 @ 215 St. Stephens Road, Micro, Johnston County, NC
Little Creek [030406, 27-57-19, C NSW]
DWQ # 06-0889
Johnston County
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Neal,
You have our authorization, in accordance with the conditions listed below, to impact 64 (ft) of
Zone 2 of the protected buffers to construct the proposed billboard on the subject property as described
within your variance request dated June 1, 2006. This letter shall act as your Minor Variance
authorization 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 June 1, 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.
1. No 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).
3. 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.
4. 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
impacts to the protected riparian buffers is 64 square feet as required under this variance
and 15A NCAC 2B .0233. The DWQ has determined that the planting plan included in
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: [phone] /FAX [phone] Intemet http://h2o.enr.state.nc.us/ncvvetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
NorthCarolina
Alaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
June 8, 2006
Neal Variance
Page 2 of 2
your application for Zone 2 of the buffers will satisfy this mitigation requirement as long as
you plant at least 2 River Birch trees 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 any of these shrubs that die within this five (5) year period. You are required to
provide proof in writing that the shrubs have 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 64 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 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 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 Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
r Al W. Klimek, P.E., Director
Division of Water Quality
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
AWK/cbk/asc
File: 060889StStephensB i I Iboard(Johnston) VAR
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: [phone] /FAX [phone] / Internet http://h2o.enr.state.ne.us/ncwetlands
oN,,pprtthhCarolina
An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper
MAY-25-2006 07:32 FROM:DWO-WETLANDS 91973361393 TO:99387012 P:2/5
OFFICE USE ONLY: Date Received 4-0-00 Request #
State of North Carolina t ' "1'4.'' ?k'
Dopartment or Environment and Natural Resources 2 0 0 6 0 8 8 9
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
VleNeuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Appli ant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: L* 4 J2?Aeyseo-,
Title: ro et,,, be v ?-
Street address:
City, State Zip: -'?-^
Se /.n q A.I. C.
Telephone:
Fax:
3. Contact person who can answer questions about the proposed project:
Name: N0,L4 an 42,7 A?._11
Telephone: Lytq.) 94-f-7
Fax:
Email: EO. / T ?o n r!? ! N? wrr? r'.?.. n i. .r..??..
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans specifications tters, operation and maintenance agree ents, etc.): 1
.?i f e S?. S?CO?f v!trf -2d-i?/? C70Q r d 1
Version 2: November 2002
MAY-25-2006 07:32 FROM:DWO-WETLANDS 9197336893
'S Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
Z/S Sf
s Rd
T0:99367012 P:3/5
=T"ohn rfon
Directions to site from nearest major intersection (Also, attach an 8 %: x 11 copy of the USGS
topo raphic map indicating the location of the site):
_T - 4S /V F?nM Se_111- /U. C . 740 /urn !L/ Aze_

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7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: , 0 Syr e'/U% "S'e 1
8. Which of the following permitsiapprovals will be required or have been received already for
this project?
Required: Received:

Date received: Permit Type:
CAMA Major
_ CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
--'roo-4'i ''G
Variance Request Form, page 2
Version Z November2000
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity. and the extent of riparian buffars nn the land. Include the area
of buffer impact in ft2 l:
MAY-25-2006 07:33 FROM:DWO-WETLANDS 9197336893 TD:99387012 P:4/5
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
S: l4 -FpnG:nh - 1-eo^cLsc s)A-,• ,9, e&%Ak-11n n
?Pr -? ?0 6Q a _
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Ino'l? i%+ Ie1 V
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Verlance Request Form, page 3
Ver; ion 2: November 2000
MAY-25-2006 07:33 FROM:DWO-WETLANDS 9197336893 TD:99387012 P:5/5
1, Zr? _.. (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will.be recorded with all required permit
conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
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SURVEYOR'S STA TEMENT TO WHOM /T MA Y CONCERN:
THIS PLA T IS A CORRECT REPRESENTA 77ON OF THE LAND SURVEYED;
HOWEVER, A NORTH CAROLINA LICENSED ATTORNEY SHOULD BE CONSULTED
CONCERNING CORRECT OWNERSHIP, WIDTH AND LOCATION OF EASEMENTS,
ANY CEMETERIES OR FA MIL Y BURIAL GROUNDS NOT SHOWN ON RECORDED
MAPS OR DEEDS MADE AVAILABLE TO THIS SURVEYOR BY THE RECENT
OWNER(S) A T THE TIME OF THIS SURVEY AND OTHER OUES770NS 77-IA T MA Y
BE REVEALED BY THE 777LE EXAMINATION INCLUDING ANY RES7RICT/VE
COVENANTS. NO RESPONS/B/LITY OF ANY NA TORE IS ASSUMED BY 7HIS
SURVEYOR FOR ANY CONDI77ONS WHICH MA Y PRESENTL Y EXIST BUT ARE
UNKNOWN, SUCH AS: CEMETERIES, FAMIL Y BURIAL GROUNDS, TOXIC OR
HAZARDOUS WA57F MATERIALS, WETLANDS, FLOOD AREAS, ETC., OR
ANYTHING ELSE THAT MAYBE IN THE RES7RIC77VE CONVENANTS.
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NOW OR FORMERLY ;o .p
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