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Home My WebLink About20130634 Ver 1_Approval Letter_20150119IFFMA North Carolina Department of Environment and Natural Resources Pat McCrory Governor MacGregor Downs Country Club Attn: Russ Curtis Donald R. van der Vaart Secretary January 19, 2015 DWR # 13 -0634 Wake County 430 Saint Andrews Lane 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 for the impacts listed below for the purpose described in your application dated June 5, 2013, received by the Division of Water Resources (Division) on June 20, 2013 with additional information received on August 14, 2013 and via email on January 15, 2015. This letter shall act as your Minor Variance Approval as described within 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 Minor Variance for DWR #13 -0634 replaces the Minor Variance dated September 6, 2013. The only change to this Minor Variance is that mitigation payment will be made to EBX's Cedar Grove Riparian Buffer Mitigation Bank instead of EBX's Forrest Creek Riparian Buffer Mitigation Bank. 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: 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. [15A NCAC 02B. 0233(8)] Division of Water Resources. Raleigh Regional Office, Water Quality Operations Section littp: / /portal.ncdenr.org %web /wgiaps 1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: (919) 791 -4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper MacGregor Downs Deck Addition DWR #13 -0634 MINOR VARIANCE APPROVAL Page 2 of 5 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers —Zone 2 2,920 (square feet) 0 (square feet) 2. 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 DWR. [15A NCAC 2B .0233(4)(a)] 3. Stormwater Management Plan (SMP) Approval by the Division The Division 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 plan sheets 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 to these maximum. areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the Division. b) 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. The final plats for the project showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans. c) 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. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. e) Maintenance activities for the wet detention basins shall be performed in accordance with the notarized 0 &M agreements signed by Mr. Russ Curtis (General Manager) on September 5, 2013. The O &M agreement shall transfer with the sale of the land or transfer of ownership /responsibility for the BMP facility. The Division shall be notified promptly of every transfer. f) The 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: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC 02H .0506(b)(5)] MacGregor Downs Deck Addition DWR #13 -0634 MINOR VARIANCE APPROVAL Page 3 of 5 4. Buffer Mitigation (EBX) - You- are - required to mitigate -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 2B .0233. We understand that you are intending to make a payment into EBX's Cedar Grove Riparian Buffer Mitigation Bank to meet this mitigation requirement. This payment will satisfy our compensatory mitigation requirements under 15A NCAC 02B.0242(7). This variance approval authorizes payment to EBX's Cedar Grove Riparian Buffer Mitigation Bank to compensate for 4,380 square feet of required buffer mitigation for impacts to 2,920 square feet of protected riparian buffers. [15A NCAC 02H .0506 (b)(6)] All buffer mitigation must be provided prior to impacts. 5. 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 material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. 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 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 02H .0501 and .0502] 7. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] This Minor Variance Approval 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). 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. Within thirty (30) 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). MacGregor Downs Deck Addition DWR #13 -0634 MINOR VARIANCE APPROVAL Page 4 of 5 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 by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Sincere), 1 G; o Danny Smit Supervisor, Water Quality Regional Operations Section MacGregor Downs Deck Addition DWR #13 -0634 MINOR VARIANCE APPROVAL Page S of S cc: DWR RRO 401 file Hunter Freeman; Withers & Ravenel; 115 MacKenan Drive; Cary, NC 27511