20091004 Ver 1_Approval Letter_20090929

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Secretary
Governor Director
September 29, 2009
DWQ Project # 2009-1004
Wilson County
Deborah Leonard
4251 Georgetown Drive
Wilson, NC 27896
Subject Property: 4251 Georgetown Drive, Wilson
UT to Toisnot Swamp [030407, 27-86-11(1), WSIII, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC
2B.0233(9)(b)]
Dear Ms. Leonard:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 130 square feet (ft2 ) of Zone 2 of the protected buffers to construct home addition
at the subject property as described within your variance request dated September 1, 2009 and
received by the Division of Water Quality (DWQ) on September 18, 2009. This letter shall act
as your Minor Variance authorization as described within 15A NCAC 213 .0233(9)(b). In
addition to this authorization, 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 authorization 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 authorization and is
thereby responsible for complying with all conditions. This authorization requires you to follow
any conditions listed below. This authorization shall expire five years from the date of this
authorization.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd.. Raleigh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,/ aturally
V
An Equal Opportunity 1 Affirmative Action Employer
Leonard IF
Page 2 of 4
September 29, 2009
2. 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 the 130 square feet of impacts to Zone 2 of the protected riparian buffers is 190
square feet as required under this variance and 15A NCAC 2B . 0233. The DWQ has
determined that your proposal on your plat dated June 29, 2009 to plant 3 trees within
the retained portions of the protected buffers, will satisfy the mitigation requirement.
You must ensure their survival for a period of at least five (5) years. You are required to
replace any of these trees that die within this five (5) year period. You are required to
provide proof in writing that the trees 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 190 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 919-733-1786 for additional information.
3. 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.
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.
6. Diffuse Flow
Leonard
Page 3 of 4
September 29, 2009
An additional condition is that all stormwater 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).
7. 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.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, 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.
9. Deed Restrictions
Deborah Leonard (permittee) shall execute and cause to be recorded in the Wilson
County Register of Deeds restrictive covenants acceptable to the Division of Water
Quality for the purpose of maintaining the riparian buffers, as shown on the recorded plat
(4251 Georgetown Drive, Lot 12, Club Terrace Subdivision in Deed Book 1525 pg. 451),
in their natural state in perpetuity, prior to the sale or conveyance of the subject property.
No person or entity shall perform any of the following activities on such buffer
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules
(15A NCAC 2B.0233) of the Division of Water Quality and therefore may be enforced
by the Division of Water Quality. This covenant is to run with the land, and shall be
binding on the Owner, and all parties claiming under it."
The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance
of the subject property, shall take no action on the subject site described in the covenants
inconsistent with the terms thereof. This requirement excludes riparian areas authorized
accordance with this minor variance for impacts in approval. The permittee shall provide
a copy of the recorded restrictive covenants to the Division of Water Quality within 15
days of recording.
Leonard
Page 4 of 4
September 29, 2009
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 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 Minor Variance Authorization shall expire five (5) years from the date of this
letter.
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 [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Donald Perry, [e-mail]
File Name: 091004_4251 GeorgetownDr(Wilson)MinVar