20090856 Ver 2_Approval Letter_20120404

19I'
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld PE Dee Freeman
Governor Director Secretary
April 2012
DWQ Project # 09 0856 v 2
Wake County
Tom and Sherry Lehman
406 Melanie Lane
Cary NC 27511
Subject Property Lehman — 406 Melanie Lane
Turkey Creek [030402 27 33 2 C NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC 2B
O233(9)(b)]
Dear Mr and Mrs Lehman
You have our authorization in accordance with the conditions listed below to impact approximately
360 square feet (ft2 ) of Zone 2 of the protected buffers to construct a garage at the subject property as
described within your variance request dated March 29 2012 and received by the Division of Water
Quality (DWQ) on March 29 2012 This letter shall act as your Minor Variance authorization as
described within 15A NCAC 213 O233(9)(b) In addition to this authorization you should obtain or
otherwise comply with any other required federal state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control regulations
This authorization is for the purpose and design that you described in your application If you change
your project you must notify us and you may be required to send us a new application If the property
is sold the new owner(s) must be given a copy of this variance authorization and is thereby responsible
for complying with all conditions This authorization requires you to follow any conditions listed
below This authorization shall expire five years from the date of this authorization
The Additional Conditions of the Certification are
1 No Zone 1 Impacts
No impacts (except for exempt uses as identified within 15A NCAC 213 0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ No impervious
surfaces shall be added to Zone 1 unless otherwise approved by the DWQ
NorthCarolina
,1laturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

Page 2
Buffer Mitigation (On site Restoration/Enhancement) — You are required to mitigate for impacts
to the protected riparian buffers The required area of mitigation to compensate for the 360
square feet of impacts to Zone 2 of the protected riparian buffers is 540 square feet as required
under this variance and 15A NCAC 2B 0233 The DWQ has determined that your proposal
dated 3/29/2012 to plant 4 trees within the retained portions of the protected buffers, will satisfy
the mitigation requirement You must ensure their survival for a period of at least Live (5) years
You are required to replace the tree if it dies within this five (5) year period You are required to
provide proof in writing that this tree has been planted within one year of the date of this letter
The proof of plantings shall be submitted to the WeBSCaPe Unit If this mitigation is not
acceptable or practicable then you may choose to make a payment in to the Riparian Buffer
Restoration Fund to compensate for 540 square feet of mitigation as allowed under 15A NCAC
02B 0233 If you choose to make this payment please contact the EEP for additional
information
4 Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
c For borrow pit sites the erosion and sediment control measures must be designed installed
operated and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual
d The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
5 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 Pre Construction Notification 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

Page 3
6 Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non erosive
velocities through the protected stream buffers and will not re concentrate before discharging
into the stream as identified within 15A NCAC 2B 0233 (5) All gutters should be directed
away from the buffer as indicated in the March 29 2012 application
7 Protective Fencing
The outside buffer wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization 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 to ensure compliance
with 15A NCAC 2B 0500
8 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent
modifications the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit North Carolina Division of Water Quality 1650
Mail Service Center Raleigh NC 27699 1650
9 Deed Restrictions
Tom and Sherry Lehman (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining
the riparian buffers as shown on the recorded plat (Deed Book 07115 Page 0523) in their
natural state in perpetuity prior to the sale or conveyance of 104 Melanie Lane in Cary NC
No person or entity shall perform any of the following activities on such buffer conservation
area
a fill grade excavate or perform any other land disturbing activities
b cut mow burn remove or harm any vegetation
c construct or place any roads trails walkways buildings mobile homes signs utility poles or
towers or any other permanent or temporary structures
d drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area
e dump or store soil trash or other waste
f graze or water animals or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules (15A
NCAC 2B 0233) of the DWQ and therefore may be enforced by the DWQ This covenant is to
run with the land and shall be binding on the Owner and all parties claiming under it
The permittee shall enforce the terms of the restrictive covenants and shall take no action on the
subject site described in the covenants inconsistent with the terms thereof Phis requirement
excludes riparian areas authorized accordance with this minor variance for impacts in approval

Page 4
The permittee shall provide a copy of the recorded restrictive covenants to the DWQ within 15
days of recording
If you wish to contest any statement in this Minor Variance you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file
the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice A
petition is considered filed when it is received in the office of Administrative Hearings during normal
office hours The Office of Administrative Hearings accepts filings Monday through Friday between the
hours of 8 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Fax [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This letter completed the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules [15A NCAC 2B 0233(9)(b)] Please call Lauren Witherspoon at [phone] if
you have any questions or require copies of our rules or procedural materials
nee ely
Danny SmAh
Raleigh Regional Office
Surface Water Protection Section Supervisor
Enclosures Certificate of Completion
cc RRO File Copy
WeBSCaPe File Copy — 1650 Mail Service Center
File Name 09 0856 v 2_Lchman 406 Melanie Lanf,_Mlnor Variance Approval