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HomeMy WebLinkAbout20061360 Ver 2_Approval Letter_20070105O~O~ W AT ~RQG r D ~ 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 :. ,. .. ..