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Home My WebLink About20130634 Ver 1_Approval Letter_20130906AiAr NCDENR North Carolina DepartMent'of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, JII Governor Director Secretary September)6; 2013 °DWR 4 13 -0634_ Wake County MacGregor Downs Country 'Club Attn-.- Russ'Curtis 4;305aintAndrewslLane, Cary, NC 27511 Subject: APPROVAL,OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS MacGregor Downs Deck Addition Dear Mr. Curtis: You have our approval. forlhe impacts listed-below for the purpose described in your application dated June 5, 2013; received iby,the Division of Water Resources (Division),on June 20, 2013 with additional information received on Augustl4,'2013. This letter shall act as your'Minor Variance.Approval as, described within 15A NCAC 029 .0233(9)(b). Please note that you should get any other federal,state or local permits before proceeding,with your project, incl-uding�those required by (but not limited to) Sediment and' Erosion Control, Non - Discharge, and, Water Supply'Watershed� regulations. This Minor Variance Approval shall expire five (5) years °from the date of this letter. This approval requires you to comply with the following conditions:, 1. 'The following,impacts are hereby approved ;provided that all of'the other specific and' general conditions of the Buffer Rules are met,, No other impacts,are approved, including incidental impacts. Type of Impact Amount,Approved' Amount Approved (units) (units) Permanent Temporary ,Buffets =Zone 2 2,920 �(square,feet) 0 (square feet) IVco e Carolina �tura!!r� North,Carolina Division of-Water Re §ources 1628 Mail Service Center Raleigh, NC`27699 -`1628 Phone (919) 791,-4200 Intm �eet ww- w ncwaterguality org Location- 3800 Barrett Drive .Raleigh, NC 27609 Fax (919)'788 -7159 An Equal Opportunity /Affirmative Action Employer= 50% Recycled /,10°/6 ost Consumer Paper MacGregor DOWns Deck Addition DW,R #13 -0634 M_ INOR VARIANCE APPROVAL Page 2 o(4 2. No, Zone,1 Impacts No im,,pacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur`to Zone 1 of the protected riparian buffers unless otherwise approved bythe DWQ. No irr pervious surfaces shall be added to Zone -1, unless otherwise approved.bythe.DWQ. 1: Stormwater Management,Plan (SMR) Approval by the Division The Div,isi'on,approves'the SMP consisting of one rain water harvesting system and all - associated stormwater conveyances, inlet and outlet structures,, and the grading and drainage patterns depicted on plawslieets dated August 7, 2013; which are incorporated by reference and are enforceable by the Division., The following conditions also apply: a) The maximum ,allowable drainage area for the approved rain water harvesting system shall,be 2,000 square feet. Any changes tothese maxi "mum, areas shall require the applicant to submit and receive approval'for a;revised sto_rmwater�management,plan by the Division-. b) 'The footprint of all stormwater' managemerit devices-as well as an additional 10 -foot wide,atea on ,all sides,of the devices shall be located in either public, rights -of -way., dedicated common areas or ' recorded easement areas. 'The fins 'plats for the project,showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans. a), The,approved,SMP shall be constructed'and,operational before any permanent building or other structure is occupied, at the site,. d) The`SMP may not,be,modified without prior•'written authorization from�the Division. Acopy of'the approval `letter and the modified.SMP shall be submitted to the DWR, W,ebscape Unit prior to the commencement of the modifications. e) Maintertance'actiV, ities for the wet detention basins shall be performed [n accordance wit Kthe notarized 0 &M agreements, signed by Mr. Russ Curtis,(G'eneral Manager) on September 5, 2013. The 0& M agreement shall-transfer with the, sale of the land or transfer of'ownersh p /responsibility, for the, BMRfacility. The Division shall be notified promptly of every transfer. f) Th ,,applicant and /or authorized agent,shall provide,a completed Certificate of Completion,form,to the, ,Division within thirty (30) ,days of project completion (available at http: / /Por,tal.ncd'erir.org /web /wq /swp /ws /4'01 /certsand permits /apply /forms). k1. Buffer Mitigation (EBX), You are required Ito miti'gate'for'impacts to the protected riparian buffers. The required area of mitigation to compensate'for impacts to the protected riparian buffers'is 4,380 square feet as required under'this variance approval and 15A NCAC.26 .0233,. We�understand that you arejintending to�make a payment into EBX=s- Forrest Creek, Riparian Buffer Mitigation Bank to meet this mitigation requirement. This payment will satisfy our compensatory mitigation' requirements under 15A NGAC 02B,.0242(7). This variance, approval authorizes payment to'EBX's Forrest Creek Riparian Buffer Mitigation Bank to compensate for 4,380 sguare'feet of required buffer mitigatl6n1orimpacts to 2,920 square feet of protected riparian buffers: AII' buffer mitigation must be!provided prior to impacts. MacGregor Downs;Deck Addition DWR #13 -0634 MINOR VARIANCE APPROVAL Page 3 of 4 3. Protective, Fencing The outside 'buffer, wetland or water boundary and along the construction corridor within ,these boundaries, approved, shall be,clearly marked with orange warning fencing (or "similar high visibility mater'i_al),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 02B.0233. 4. No Waste, Spoil, Solids, or Fill of Any Kind' No waste, spoil, solid's, or fill of any kind shall occurIn wetlands, waters, or'riparian areas beyond „the footprint,of the impacts depicted' in the, application: All. construction, activities, inclutling the. design, 'installation, operation,, and maintenance of'sediment and erosion, control Best Management Practices,, ,shall be performedso that, no viofationsof'state watee quality standards, statutes,, or rules-occur. 5., Th'i&approval and pits conditions. are final and bindingrunless contested: This Minor Variance,Approv4l can be contested as provided in Articles 3 and 4.of'Genera'I'Statute,150B by filing a written petition for an administrative ,hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http: / /www.ncoah.com/ or,by calling the OAH, Clerk's Office at (919), 431 -3000 for information. Within sixty (60) calendar days of receipt of'this'notice, a petition must be filed with the`OAH. 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 fazed to the OAH at (919) 431 -3100; provided the original andone copy of the petition along with any applicable OAH filing fee is received'by the OAH within five '( 5 )�b'usiness,days-followingthe faxed transmission. Mailing address for the.OAH: Ifsending by First Clas's Mail viaethe „USaPostal Service: Office of Ad_rriinistrative Hearings 6714 Mail Service Center Raleigh; NC,27699- 6714 If'sendmg via delivery service (e.g. UPS, FedEx):, Office of Administrative Hearing_ s 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must,also, be served 10 DENR: Lacy ,-Presnell, General Counsel Department of Environmentand'Natural, Resources 1,601 Mai[Service Center Raleigh, NC'27699 -,1601 MacGregor Downs Deck Addition DWR #1=3 -0634 MINOR VARIANCE APPROVAL Page 4 of 4 Please send one (1) copy of the petition to DWR: lf•sehding by First Class'Mail If'sending via`delivery service via the US Postal•Servlce* (e.g: UPS;, FedEx): Karen Higgins Karen Higgins NC DENR -DWR — Webscape Unit NC DENR -DWR — Webscape Unit 1650 Mail Service Center 5-12 IN. Salisbury Street Raleigh,, NC 27699 -165& Raleigh, NC 27604 This letter compl'etes.therreview of'the,Divisioln underthe N'euse'Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please•contact Cherri Smith at 919 =791 -425.1 or cherri ':smith @ncdenr.gov,if', "you have arty questions;or concerns. S' cer •ly, - G1�i✓ v fh ✓ Danny Srhit , Supervisor 'Surface ater,Protection —Raleigh, Regional Office cc: DWQ RRO 401 files Hunter Freeman; Withers, &'RaVenel; 115 MacKenan, Drive; Cary, NC,27511