20200357 Ver 1_Approval Letter_20200331

ROY COOPER
Governor
MICHAEL S. REGAN
Secu-emrr y
S. DANIEL SMITH
[)ircctor
Marlowe & Moye LLC
Attn: Howard Moye
314 West Millbrook Road, Suite 013
Raleigh, NC 27609
NORTH CAROLINA
Environmental Quality
March 31, 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
Hilburn Drive Duplex Lots
Dear Mr. Moye:
You have our approval for the impacts listed below for the purpose described in your
application dated February 18, 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(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —Zone 1
B2: Stormwater Outfall
926 (square feet)
0 (square feet)
Buffers — Zone 2
131: Building
3,194 (square feet)
0 (square feet)
North Carolina Department of Envit onmcntal Quality Division of water Resourres
_ Raleigh Regional Office 3800 Barrett Drive Raleigh, Nor tit Carolina 27609

Hilburn Drive Duplex Lots
DWR #20-0275
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 a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES), RES Poplar Creek Buffer & Nutrient Offset Umbrella
Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to
meet this mitigation requirement. The specific bank site to be debited will be Arrington
Bridge 1, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge,
Meadow Spring, Uzzle, Poplar Creek and Stone Creek all located in HUC 03020201. Until
the EBX-Neuse I, RES or EBX 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 EBX-
Neuse I, RES, or EBX 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 4,791(square feet) EBX-Neuse I, LLC 03020201
or EBX Outside Falls Lake Watershed
4. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Raleigh and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(3)]
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)]

Hilburn Drive Duplex Lots
DWR #20-0275
MINOR VARIANCE APPROVAL
Page 3 of 5
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]
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:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Hilburn Drive Duplex Lots
DWR ##20-0275
MINOR VARIANCE APPROVAL
Page 4 of 5
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
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 Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sincerely,
,/422Scott 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
Bob Zarzecki via e-mail at bzarzecki(@sandec.com