19970326 Ver 5_Revised Approval Letter_20221017

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

October 17, 2022

DWR # 19970326 v5
Wake County

Atlas Stark Holdings
ATTN: Hunter Diefes
PO Box 6309
Raleigh, NC 27628

Sent via email to [e-mail]

Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES [15A NCAC 02B .0233]
Preston Walk Lot 6

Dear Mr. Diefes:

This authorization is being modified to reflect a change in the mitigation provider. 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:

1. 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)
Permanent
Amount Approved
(units)
Temporary
Buffers – Zone 2
Building and sidewalk 1,643 (square feet) 0 (square feet)
DocuSign Envelope ID: 250ACBB8-3447-46CE-923A-FFAC906008AA
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
DWR# 1997-0326v5
Buffer Authorization
Page 2 of 4

* Vegetation within the temporary impacts must be restored within 6 months.

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)]1

3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the approved In-Lieu Fee Program: NCDEQ Division of Mitigation Services [hereby known as Provider]. Until the Provider 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 Provider to meet the following compensatory mitigation requirement [15A NCAC 02B .0295(e)]:
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)]i

5. 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)]

1 The Neuse River Riparian Buffer protection rules were re-adopted by the Environmental Management Commission in March 14, 2019 and were recodified effective June 15, 2020. The current rule citation for the Neuse River Riparian Buffer protection rule is 15A NCAC 02B .0714, however this authorization was issued prior to the re-codification. This change only modifies the mitigation provider and therefore this document keeps the rule citation as those applicable at the time of the authorization's issuance.
Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Construction zone,
temporary tree
clearing*
0 (square feet) 1,740 (square feet)
DocuSign Envelope ID: 250ACBB8-3447-46CE-923A-FFAC906008AA
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
DWR# 1997-0326v5
Buffer Authorization
Page 3 of 4

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
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 calling the 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
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to Department of Environmental Quality:
DocuSign Envelope ID: 250ACBB8-3447-46CE-923A-FFAC906008AA
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
DWR# 1997-0326v5
Buffer Authorization
Page 4 of 4

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under the Neuse Riparian Buffer Rule as
described in 15A NCAC 02B .0233. Please contact Kelsey Rowland at
[e-mail] if you have any questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 and Buffer Permitting Branch

cc: DWR 401 & Buffer Permitting Branch file (Laserfiche)
Filename: 19970326v5PrestonWalkLot6(Wake)_MIV_NRB_Mitigation Provider Change

DocuSign Envelope ID: 250ACBB8-3447-46CE-923A-FFAC906008AA