20191383 Ver 2_Approval Letter_20200409

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Leo Cruz
1624 Crystal Creek Drive
Durham, NC 27712
NORTH CAROLINA
Environmental Quality
April 9, 2020
DWR # 19-1383v2
Durham County
Subject: Major Variance Approval of Neuse Riparian Buffer Impacts with Additional Conditions
Cruz Crystal Creek Pool - Cruz Residence —1624 Crystal Creek Drive, Durham, NC
Dear Mr. Cruz:
You have our approval for the impacts listed below for the purpose described in your application dated
September 26, 2019, received by the Division of Water Resources (Division) September 26, 2019. This
variance request was approved by the Water Quality Committee of the Environmental Management
Commission on November 13, 2019. This letter shall serve as your Major Variance approval with
conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only addresses the major variance
from the buffer rules and does not approve any activity within Waters of the United States or Waters of
the State. 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 approval requires you to follow 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
Pool Installation
383 (square feet)
0 (square feet)
Buffers — Zone 2
Pool Installation
203 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall occur
within the protected riparian buffer unless approved by the Division.
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below:
D North Carolina Department of Environmental Quality Division of Water Resources
E Q��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoarNcnaouNn �
Department of En iroamental Quay �� 919.707.9000

Cruz Crystal Creek Pool Project
DWR Project #20191383v2
Page 2 of 3
Compensatory Mitigation Required
River and Sub -basin
Number
Neuse
Buffers
11454 (square feet)
03020201
The Division has accepted your proposed permittee-responsible mitigation plan. Nine native
hardwood tree species must be planted in Zone 1 of the Buffer on the property to satisfy the 1,454
square feet of mitigation required. Note, if the plantings do not survive, they will need to be
replaced. [15A NCAC 02B .0233 (9)(a)(iii) and 15A NCAC 02B .0295(n)]
4. Stormwater Management
Two house downspouts that discharge directly into the stream feature must be converted to diffuse
flow by the installation of splash pads. [15A NCAC 02B .0233 (9)(a)(iii)]
5. 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 2B .0233]
6. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major Variance. If you
change your project, you must notify the Division and you may be required to submit a new
application package. If the property is sold, the new owner must be given a copy of this approval
letter and is responsible for complying with all conditions. [15A NCAC 02B .0233(9)(c)(ii)]
7. This approval grants permission to the director, an authorized representative of the Director, or DEQ
staff, upon the presentation of proper credentials, to enter the property during normal business
hours. This approval and its conditions are final and binding unless contested. [15A NCAC 02B .0233
(9)(c)0i)I
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance 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) within sixty (60).
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. 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:OOam and S:OOpm, excluding official state holidays).

Cruz Crystal Creek Pool Project
DWR Project #20191383v2
Page 3 of 3
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 via US Postal Service: If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
This letter completes the review of the Division for the Neuse Riparian Buffer Rule as described in 15A
NCAC 02B .0233. Please contact Paul Wojoski at 919-707-3631 or [e-mail] if you have
any questions or concerns.
cc: DWR 401 & Buffer Permitting Branch file
Sincerely,
DocuSigned by:
Pie W, A/6
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Filename: 20191383v2CruzCrystalCreekPool(Durham)_MJV_NRB