19970326 Ver 4_Preston Walk Lot 6 Minor Variance_20190228

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Preston Development Company
ATTN: Karl Blackley
100 Weston Estates Way
Cary, NC 27513
NORTH CAROLINA
Environmental Quality
February 28, 2019
DWR # 19970326 v4
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES [15A NCAC 02B .0233]
Preston Walk Lot 6
Dear Mr. Blackley:
You have our approval for the impacts listed below for the purpose described in your
application dated January 2, 2019, received by the Division of Water Resources (Division)
January 2, 2019, with subsequent information received on February 28, 2019. This letter shall
serve as your Minor Variance approval with conditions as authorized in 15A NCAC 02B .0233
(9)(b). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the following conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Neuse Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0233(8)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers — Zone 2
Building and sidewalk
1,643 (square feet)
0 (square feet)
Construction zone,
temporary tree clearing*
0 (square feet)
1,740 (square feet)
* Vegetation within the temporary impacts must be restored within 6 months.
F �-h North Carolina Department of Environmental Quality I Division of Water Resources
_
Sit North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Np{iTN CnRp[INA
919.707.9000

Preston Walk Lot 6
DWR# 19970326 v4
Minor variance Buffer Approval
Page 2 of 4
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall
occur within the Neuse riparian buffer unless approved by the Division. [15A NCAC 02B
.0233(4)]
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the approved Bank Sponsor(s) EBX Neuse I,
LLC and Environmental Banc & Exchange, LLC [hereby known as Bank Sponsor(s)] for use of
the following mitigation banks: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation
Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank and EBX Upper Neuse
Riparian Buffer Umbrella Mitigation Bank. Until the Bank Sponsor(s) receives and clears
your payment, and proof of payment has been provided to this Office, no impacts specified
in this Authorization shall occur. For accounting purposes, this Authorization authorizes
payment to the Bank Sponsor(s) to meet the following compensatory mitigation
requirement [15A NCAC 02B .0233 (9)(b)]:
Compensatory Mitigation Required
River and Sub -basin Number
Buffers
2,465 (square feet)
Neuse 03020201
4. Diffuse Flow Plan
Stormwater shall be directed to the existing bioretention basin on nearby Lot 7.
Modification of this Diffuse Flow Plan may require written approval by the Division. [15A
NCAC 02B .0233 (9)(b)]
Protective Fencing
The outside Neuse riparian buffer boundary and along the construction corridor within
these boundaries approved shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the Neuse
riparian buffer prior to any land disturbing activities. [15A NCAC 02B .0233 (9)(b)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or Neuse riparian
buffer areas beyond the footprint of the impacts depicted in the application. 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. [15A NCAC 02B .0233]
7. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Minor Variance.
If you change your project, you must notify the Division and you may be required to submit
a new application package. If the property is sold, the new owner must be given a copy of

Preston Walk Lot 6
DWR# 19970326 v4
Minor Variance Buffer Approval
Page 3 of 4
this approval letter and is responsible for complying with all conditions. [15A NCAC 02B
.0233 (9)(b)]
8. This approval grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. This approval and its conditions are final and binding unless
contested. [15A NCAC 02B .0233 (9)(b)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Minor Variance can be contested as provided in General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60).
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by callingthe OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Preston Walk Lot 6
DWR# 19970326 v4
Minor Variance Buffer Approval
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rule as
described in 15A NCAC 02B .0233. Please contact me at [e-mail] if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
cc: John Dorney, Rebeckah Hollowell, and Adam Efird, Moffatt & Nichol (via email)
Karl Blackley, Preston Dev. Co. (via email)
L. Smith, Withers Ravenel (via email)
Bill Brian, Morning Star Law Group (via email)
DWR 401 & Buffer Permitting Branch file (Laserfiche)
Filename: 19970326v4PrestonWalkLot6(Wake)_MIV_NRB