20130570 Ver 1_Approval Letter_20131118

Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 18, 2013
Byron & Jessica Trimmer
8909 Oxbridge Court
Raleigh, NC 27613
DWR # 13 -0570
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance
[1SA NCAC 02B .0233(9)(c)] with Additional Conditions
8909 Oxbridge Court
Dear Mr. & Ms. Trimmer:
You have our approval for the impacts listed below for the purpose described in your
application dated May 23, 2013, received by the Division of Water Resources (Division) May 29,
2013, with subsequent information on July 1, 2013 and August 8, 2013. This letter shall serve
as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii).
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 conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts.
Type of Impact 1 Amount Approved Amount Approved
(units) (units)
�- - -- - -- -- — - - - -- - - - -- (- Permanent - - - - -- Temporary — — - -- - - -
Buffers -Zone' 349 (square feet) 0 (square feet) '
Buffers - Zone 2 - - - - -- 60 (square feet) - -- 0 (so.uare feet) — - - -�
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
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Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 2 of 5
3. Mitigation must be provided for the approved impacts as specified in the table below.
The Division has received an acceptance letter from the Lane Island Mitigation Bank to
meet this mitigation requirement. Until the Lane Island Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Approval shall occur. For accounting purposes, this Approval authorizes
payment to the Lane Island Mitigation Bank to meet the following compensatory
mitigation requirement:
4. Written Stormwater Management Plan (DWR Approval Required)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) consisting of a rain garden 6 x 10 feet in size
shall be submitted to the 401 & Buffer Permitting Unit (Mail Service Center 1650,
Raleigh, NC, 27699 - 1650). The Stormwater management plan shall be approved in
writing by this Office before the impacts specified in this authorization occur. The
stormwater management plan must include construction plans, specifications,
stormwater Best Management Practice (BMP) worksheets, and supporting calculations.
The stormwater BMPs are required to be designed to remove at least 30% Nitrogen and
85% TSS according to the most recent version of the NC DENR Stormwater BMP Manual.
These facilities must be designed to treat the runoff from approximately 900 square feet
of existing impervious surface in the protected Neuse buffers. The footprint of all
stormwater management devices as well as an additional 10 -foot wide area on all sides
of the devices shall be located in either public rights -of -way, dedicated common areas
or recorded easement areas. Also, before the impacts specified in this authorization
occur, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWR.
4. Buffer Mitigation (Onsite Restoration)
The DWR has determined that your proposal to plant two (2) azaleas to restore 37
square feet of Zone 1 riparian buffer as described in the information submitted on
August 8, 2013 will satisfy the mitigation requirement for 37 square feet. You must
ensure their survival for a period of at least five (5) years. You are required to replace
any of these bushes that die within this five 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 must be submitted to the 401 & Buffer Permitting Unit.
Compensatory
Mitigation Required
River and Sub -basin
Number
Buffers
1,100 (square feet)
03020201- Neuse
4. Written Stormwater Management Plan (DWR Approval Required)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) consisting of a rain garden 6 x 10 feet in size
shall be submitted to the 401 & Buffer Permitting Unit (Mail Service Center 1650,
Raleigh, NC, 27699 - 1650). The Stormwater management plan shall be approved in
writing by this Office before the impacts specified in this authorization occur. The
stormwater management plan must include construction plans, specifications,
stormwater Best Management Practice (BMP) worksheets, and supporting calculations.
The stormwater BMPs are required to be designed to remove at least 30% Nitrogen and
85% TSS according to the most recent version of the NC DENR Stormwater BMP Manual.
These facilities must be designed to treat the runoff from approximately 900 square feet
of existing impervious surface in the protected Neuse buffers. The footprint of all
stormwater management devices as well as an additional 10 -foot wide area on all sides
of the devices shall be located in either public rights -of -way, dedicated common areas
or recorded easement areas. Also, before the impacts specified in this authorization
occur, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWR.
4. Buffer Mitigation (Onsite Restoration)
The DWR has determined that your proposal to plant two (2) azaleas to restore 37
square feet of Zone 1 riparian buffer as described in the information submitted on
August 8, 2013 will satisfy the mitigation requirement for 37 square feet. You must
ensure their survival for a period of at least five (5) years. You are required to replace
any of these bushes that die within this five 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 must be submitted to the 401 & Buffer Permitting Unit.

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 3 of 5
Deed Restrictions
Ms. Jessica & Mr. Byron Trimmer (permittee) shall execute and cause to be recorded in
the Wake County Register of Deeds restrictive covenants acceptable to the DWR for the
purpose of maintaining the riparian buffers, as shown on the recorded plat in their
natural state in perpetuity, prior to the occurrence of the impacts specified in this
authorization.
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 DWR and therefore may be enforced by the DWR. This
covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it.
6. The permittee shall enforce the terms of the restrictive covenants and 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 DWR within 15 days of recording.
7. Erosion and 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

Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 18, 2013
Byron & Jessica Trimmer
8909 Oxbridge Court
Raleigh, NC 27613
DWR # 13 -0570
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance
[1SA NCAC 02B .0233(9)(c)] with Additional Conditions
8909 Oxbridge Court
Dear Mr. & Ms. Trimmer:
You have our approval for the impacts listed below for the purpose described in your
application dated May 23, 2013, received by the Division of Water Resources (Division) May 29,
2013, with subsequent information on July 1, 2013 and August 8, 2013. This letter shall serve
as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii).
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 conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts.
Type of Impact 1 Amount Approved Amount Approved
(units) (units)
�- - -- - -- -- — - - - -- - - - -- (- Permanent - - - - -- Temporary — — - -- - - -
Buffers -Zone' 349 (square feet) 0 (square feet) '
Buffers - Zone 2 - - - - -- 60 (square feet) - -- 0 (so.uare feet) — - - -�
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
>> z � rr> >c,� In Jm
u ,. E S�.��n ci taleig ; m ('a!'

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 2 of 5
3. Mitigation must be provided for the approved impacts as specified in the table below.
The Division has received an acceptance letter from the Lane Island Mitigation Bank to
meet this mitigation requirement. Until the Lane Island Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Approval shall occur. For accounting purposes, this Approval authorizes
payment to the Lane Island Mitigation Bank to meet the following compensatory
mitigation requirement:
4. Written Stormwater Management Plan (DWR Approval Required)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) consisting of a rain garden 6 x 10 feet in size
shall be submitted to the 401 & Buffer Permitting Unit (Mail Service Center 1650,
Raleigh, NC, 27699 - 1650). The Stormwater management plan shall be approved in
writing by this Office before the impacts specified in this authorization occur. The
stormwater management plan must include construction plans, specifications,
stormwater Best Management Practice (BMP) worksheets, and supporting calculations.
The stormwater BMPs are required to be designed to remove at least 30% Nitrogen and
85% TSS according to the most recent version of the NC DENR Stormwater BMP Manual.
These facilities must be designed to treat the runoff from approximately 900 square feet
of existing impervious surface in the protected Neuse buffers. The footprint of all
stormwater management devices as well as an additional 10 -foot wide area on all sides
of the devices shall be located in either public rights -of -way, dedicated common areas
or recorded easement areas. Also, before the impacts specified in this authorization
occur, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWR.
4. Buffer Mitigation (Onsite Restoration)
The DWR has determined that your proposal to plant two (2) azaleas to restore 37
square feet of Zone 1 riparian buffer as described in the information submitted on
August 8, 2013 will satisfy the mitigation requirement for 37 square feet. You must
ensure their survival for a period of at least five (5) years. You are required to replace
any of these bushes that die within this five 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 must be submitted to the 401 & Buffer Permitting Unit.
Compensatory
Mitigation Required
River and Sub -basin
Number
Buffers
1,100 (square feet)
03020201- Neuse
4. Written Stormwater Management Plan (DWR Approval Required)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) consisting of a rain garden 6 x 10 feet in size
shall be submitted to the 401 & Buffer Permitting Unit (Mail Service Center 1650,
Raleigh, NC, 27699 - 1650). The Stormwater management plan shall be approved in
writing by this Office before the impacts specified in this authorization occur. The
stormwater management plan must include construction plans, specifications,
stormwater Best Management Practice (BMP) worksheets, and supporting calculations.
The stormwater BMPs are required to be designed to remove at least 30% Nitrogen and
85% TSS according to the most recent version of the NC DENR Stormwater BMP Manual.
These facilities must be designed to treat the runoff from approximately 900 square feet
of existing impervious surface in the protected Neuse buffers. The footprint of all
stormwater management devices as well as an additional 10 -foot wide area on all sides
of the devices shall be located in either public rights -of -way, dedicated common areas
or recorded easement areas. Also, before the impacts specified in this authorization
occur, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWR.
4. Buffer Mitigation (Onsite Restoration)
The DWR has determined that your proposal to plant two (2) azaleas to restore 37
square feet of Zone 1 riparian buffer as described in the information submitted on
August 8, 2013 will satisfy the mitigation requirement for 37 square feet. You must
ensure their survival for a period of at least five (5) years. You are required to replace
any of these bushes that die within this five 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 must be submitted to the 401 & Buffer Permitting Unit.

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 3 of 5
Deed Restrictions
Ms. Jessica & Mr. Byron Trimmer (permittee) shall execute and cause to be recorded in
the Wake County Register of Deeds restrictive covenants acceptable to the DWR for the
purpose of maintaining the riparian buffers, as shown on the recorded plat in their
natural state in perpetuity, prior to the occurrence of the impacts specified in this
authorization.
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 DWR and therefore may be enforced by the DWR. This
covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it.
6. The permittee shall enforce the terms of the restrictive covenants and 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 DWR within 15 days of recording.
7. Erosion and 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

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 4 of 5
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.
8. 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.
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.
10. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. 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 and is responsible for complying with all
conditions.
11. The applicant and /or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project
completion (available at:
http: / /portai.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits /apply /forms).
12. This approval grants permission to the director, an authorized representative of the
Director, or DEN 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.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of 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) calendar days.

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 4 of 5
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.
8. 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.
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.
10. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. 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 and is responsible for complying with all
conditions.
11. The applicant and /or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project
completion (available at:
http: / /portai.ncdenr.org/ web /wq /swp /ws /401 /certsandpermits /apply /forms).
12. This approval grants permission to the director, an authorized representative of the
Director, or DEN 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.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of 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) calendar days.

Mr. & Ms. Trimmer
DWR# 13 -0570
Buffer APPROVAL
Page 5 of 5
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 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 (919) 431 -3100, 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919 - 807 -6364 or
[e-mail] or if you have any questions or concerns.
Sincerely,
�aA-W 4 �
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 130570 Byron & JessicaTrimmer89090xbridgeCt (Wake)_NBR_MV.docx