20200357 Ver 1_Approval Letter_20200330

ROY COOPER
Grnrrnor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Direclor
Brad and Katie Klingmann
115 Ronsard Lane
Cary, NC 27511
NORTH CAROLINA
Environmental Quality
March 30, 2020
DWR #20-0357
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL
CONDITIONS
115 Ronsard Lane, Cary
Dear Mr. and Mrs. Klingmann:
You have our approval for the impacts listed below for the purpose described in your
application dated March 6, 2020 with additional information received on March 27, 2020. 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(g)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 2
61: Patio
30 (square feet)
0 (square feet)
62: Flowerbed
70 (square feet)
0 (square feet)
North Carolina Department ol'Environmcnta[ Duality Division of WaterRe5owrLC5
Raleigh Regional Office - 3800 Barrett Drive Raleigh, North Carolina ? ibo9

115 Ronsard Lane
DWR #20.0357
MINOR VARIANCE APPROVAL
Page 2 of 5
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 Wildlands Holdings, 11, LLC from the WEI-
Neuse 01 Nutrient Offset and Buffer Bank to meet this mitigation requirement. Until
Wildlands Holdings, 111, 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
Wildlands Holdings, 11, LLC to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Bank Sponsor River & Sub -basin Number
Required
Buffer -Zone 2 150 (square feet) Wildlands 03020201
Holdings, II, LLC 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 .0502]

115 Ronsard Lane
DWR #20-0357
MINOR VARIANCE APPROVAL
Page 3 of 5
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 150E 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, Fed Ex):
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:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR --401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

115 Ronsard Lane
DWR #20-0357
MINOR VARIANCE APPROVAL
Page 4 of 5
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
step h ani e.goss02 ncdenr. ov if you have any questions or concerns.
Sincerely,
//" 5r.,4 4 — — - , — I e --�- �
�(dK 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
Keith Cowell via e-mail at keith@prestiger)oolsnc.com