20190941 Ver 1_Approval Letter_20200131

ROY COOPER
Governor
MICHAEL S. REGAN
Serretury
LINDA CULPEPPER
Dtrectur
Gregory and Deborah Covington
6215 Chapel Hill Road
Raleigh, NC 27607
NORTH CAROLINA
Environmental Quality
January 31, 2020
DWR #19-0941
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL
CONDITIONS
Gregory and Deborah Covington Property Garage
Dear Mr. and Mrs. Covington:
You have our approval for the impacts listed below for the purpose described in your
application dated July 16, 2018 with a site visit conducted on October 1, 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 Minor Variance for DWR #19-0941
dated January 31, 2020 replaces the Minor Variance for DWR #19-941 dated October 1, 2019.
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
Buffers — Zone 2
B1: Parkine Area
Amount Approved
(units)
Permanent
310 (square
Amount Approved
(units)
Temporary
0 [square fe
North (,dntl rw IN 17at rmr nt of [uvitantncntal Ltr,tlity I Dfvisiun Of W'Itrr RC5uU11.l'S
RaluiyhRct)itu�lOfEitr 3d0011u1nttllrivr' Ra1CiyIF,NVtthCatolina27609

Gregory & Deborah Covington Property Garage
DWR #19-0941 revised
MINOR VARIANCE APPROVAL
Page 2 of 4
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)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Restoration Systems, LLC from the Weaver
Farm Nutrient Mitigation Bank to meet this mitigation requirement. Until Restoration
Systems, LLC receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to Restoration Systems, LLC to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1:
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer -Zone 2
465 (square feet)
Restoration Systems, LLC
03020201
Outside Falls Lake
Watershed
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. [15A NCAC 02H .0501 and .05021

Gregory & Deborah Covington Property Garage
DWR #19-0941 revised
MINOR VARIANCE APPROVAL
Page 3 of 4
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).
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 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

Gregory & Deborah Covington Property Garage
DWR #19-0941 revised
MINOR VARIANCE APPROVAL
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit
Jason Pierce via e-mail at [e-mail]