20191510 Ver 1_Approval Letter_20191206

wn
ROY COOPER
Govrernnr
MICHAEL S. REGAN
Serrelary
LINDA CULPEPPER
Director
James Frederick Jones, Jr
3223 Oak Grove Circle
Raleigh, North Carolina 27607
NORTH CAROLIN A
Environmental Quality
December 6, 2019
DWR #19-1510
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER
BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B
.0233) WITH ADDITIONAL CONDITIONS
3223 Oak Grove Circle -Parking Pad/ Patio Replacement
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application
dated October 30, 2019. 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 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. [15A NCAC 02B. 0233(8)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
Bl:Parking Pad/ Patio
258 (square feet)
0 (square feet)
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur
to Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A
NCAC 2B .0233(4)(a)]
North Carolina De,ai tmi nt of Environmental Quality I Division of Water itesources
E ':.e.
Ralegiz Regional Office ' 3500 Barrett Drive Raleigh. North Carolina 27609
a:wn,.: f'oi� :.ro6���s, i\ ! ()19.741.4200

3223 Oak Grove Circle -Parking Pad/ Patio Replacement
DW R #19-1510
MINOR VARRIANCE APPROVAL
Page 2 of 3
3. Buffer Mitigation
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 219 square feet as
required under this variance approval and 15A NCAC 02B .0233. This variance approval
authorizes the planting of four (4) native shrubs and one (1) native tree to compensate
for 387 square feet of required buffer mitigation for impacts to 258 square feet of Zone
2 riparian buffers.
4. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non -erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [ 15A NCAC 02H .0506(b)(5)]
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. [I 5A NCAC 02H .0501 and .0502]
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 [phone] 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).
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

3223 Oak Grove Circle -Parking Pad/ Patio Replacement
DWR #19-1510
MINOR VARRIANCE APPROVAL
Page 3 of 3
The petition maybe 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 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
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 DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
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 Erin Deck at 919-791-4200 or
Erin. Deck(2cncdenr.gov if you have any questions or concerns.
cc: DWR RRO 401 Buffer Authorization file
Sincerely,
mow---�
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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North Carolina Department of Environmental Quality j Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200