HomeMy WebLinkAbout20061360 Ver 2_Approval Letter_20070105O~O~ W AT ~RQG
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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
January 5, 2007
Mr. Ross W. Lampe
235 Market Street
Smithfield, NC 27577
Subject Property:
DWQ Project #06-1360v.2
Wake County
Lots 17 & 18 in Carriage Hills Subdivision, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Revised Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B .0233(9)(b)]
Dear Mr. Lampe:
You have our approval, in accordance with the conditions listed below, to impact approximately
2,450 square feet (ft2) of Zone 2 of the protected buffers to construct a home on each of these
two lots at the subject property as described within your variance request dated December 28,
2006 and received by the Division of Water Quality (DWQ) on December 28, 2006. This letter
shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In
addition to this approval, 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 approval 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 approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below. This approval replaces the previous approval issued to Ross W.
Lampe on November 1, 2006. This approval to proceed with your proposed impact in the
buffers as depicted in your revised application, shall expire in five (5) years from the date
of this approval letter.
The Additional Conditions of the Certification are:
No Zone 1 Impacts
No impacts (except for the "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.
4010versighUExpress Review Permitting Unil
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931 Internet: http:!/h2o.enr,state.nc.us/ncwetlands
None Carolina
~tura!!y
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
Ross W. Lampe
Page 2 of 4
January 5, 2007
2. Buffer Mitigation (Buffer Restoration Fund)
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
wi112,450 square feet as required under this variance approval and 15A NCAC 2B .0233.
The DWQ 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
approval shall occur. Ms. Susan Klimek should be contacted at (919) 733-5205 if you
have any questions concerning payment into the EEP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 3,675 ftz of required riparian buffer mitigation for impacts to 2,450
ftz of protected riparian buffers; 03-04-02, 27-33-(10) 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 approval. No impacts shall occur to
the protected buffers until the mitigation plan is approved by the DWQ.
3. Diffuse Flow(no review)
An additional condition is that all stortnwater 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). You have stated
in your minor variance application that stormwater from the home construction will be
directed via grassed swales outside of the buffers and then directed through level
spreaders prior to being discharged into the buffers.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impacts. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Authorization Certificate.
Ross W. Lampe
Page 3 of 4
January 5, 2007
6. 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.
7. 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.
8. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters' is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
9. 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.
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 approval, 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
Ross W. Lampe
Page 4 of 4
January 5, 2007
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This 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 Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Ms. Amy Chapman
at (919) 733-1786 if you have any questions or require copies of our rules or procedural
materialc_
AWK/cbk/asc
Enclosures: Certificate of Completion
Alan W. Klimek, P.E.
cc: Mike Horan, DWQ Raleigh Regional Office
Brian R. Leonard, PE, PLS; BRL Engineering; 704-B East Stanley St; Four Oaks, NC
27524
File Copy
Central Files
File name: 061360v2Lots17&18CarriageHills(Wake)MinVAR_rev
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
county:
Date of Issuance of Wetland Permit:
Certificate of Comuletion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to~the 401 OversightBxpress Permitting Unit,
North Carglina Division of Water Quality, 1650 Mail Service Centea~, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary do send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
hereby state that, to the' best of my abilities, due care and diligence was
construction such that the construction was observed to be built within subs~ntial
Water Quality Certification and Buffer Roles, the approved plans and specifications,
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that. the construction was observed to be built within subst~atial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Englaeer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permitte hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such~that the construction was observed to be built wi~iin
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Registration No.
Date
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