20120387 Ver 1_Approval Letter_20120718

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E Dee Freeman
Governor Director Secretary
July 18 20112
DWQ Project # 2012 0387
Wake County
Ms Lindsay Veit & Mr John Bayer
712 Tucker Street Apt 450
Raleigh NC 27603
Subject Property 526 Oakland Drive, Raleigh, NC
Authorization of Neuse River Riparian Buffer Protection Rules Major Variance 115A NCAC
2B 0233(9)(c)]
Dear Ms Veit and Mr Bayer
You have our authorization in accordance with the conditions listed below to impact
ap ?roximately 1 740 square feet (ft) of Zone 1 of the protected buffers and 1 548 square feet
(ft ) of Zone 2 of the protected buffers to construct the single family home at the subject property
as described within your variance request dated April 18, 2012 and received by the Division of
Water Quality (DWQ) on April 19 2012 with additional information received by DWQ on April
30, 2012 and May 31 2012 This letter shall act as your Major Variance authorization as
described within 15A NCAC 2B 0233(9)(c) 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 approved
by the Water Quality Committee of the Environmental Management Commission on July 11
2012 If you change your project you must notify DWQ 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 Additional Zone 1 Impacts
No additional impacts (except for exempt uses as identified within 15A NCAC 2B
0233 and what is approved in this authorization) shall occur to Zone 1 of the protected
na -u(i i on 1� atei C it 1 t r r rm i i i it t^ r8 jH 1
U,50 U I v( enter P lei j i 1G5C One
ti(, b , C' NorthCarohna
I J1
H i l for Iv AN ne i
)Vatulalll,/

Veit and Baver
Page 2 of 5
My 18 2Q''
riparian buffers unless otherwise approved by the DWQ No impervious surfaces shall be
added to Zone 1 unless otherwise approved by the DWQ
2 Butter Mitigation (Ehl-)
You are required to mitigate for impacts to Lhe protected npanan buffet , The required
area of mitigation to compensate for 1 740 square feet of impacts to Zone 1 and 1,548
square feet of impacts to Zone 2 of the protected riparian buffers is 7 542 square feet as
required under this variance authorization and 15A NCAC 2B 0242 We understand that
you wish to make a payment into the Ripanan Buffer Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement
This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement In accordance with 15A NCAC 2B 0233 this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B 0233(9)(C) if EEP has the
available credits Please supply DWQ with an acceptance letter from EEP stating they do
have the available buffer credits for your project
Until the EEP receives and clears your check (made payable to DENR — Ecosystem
Enhancement Program Office) no impacts specified in this variance authorization shall
occur Ms Kelly Williams should be contacted at [phone] if you have any
questions concerning payment into the EEP
3 Written Stormwater Management Plan (DWQ Approval Required)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the WeBSCaPe Unit (Mail
Service Center 1650 Raleigh, NC, 27699 1650) within 60 days of the date of issuance of
this Mayor Variance authorization The stormwater management plans shall be approved
in writing by this Office before the impacts specified in this authorization occur The
stormwater management plan must include construction plans specifications stormwater
Best Management Practice (BMP) worksheets and supporting calculations The
stormwater BMPs are required to be designed to remove at least 30% Nitrogen and 85%
TSS according to the most recent version of the NC DENR Stormwater BMP Manual
These facilities must be designed to treat the runoff from the new impervious service in
the protected Neuse buffers Also before any permanent building is occupied at the
subject site the facilities (as approved by this Office) shall be constructed and
operational and the stormwater management plan (as approved by this Office) shall be
implemented The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity No changes to the structural
stormwater practices shall be made without written authorization from the DWQ
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

Veit and Bayer
Page 3 of
a The erosion and sediment control measures for the protect must be designed
installed operated and maintained in accordance with the most recent version of the
North Carolina Sediment and 1~rosion Control Plannin g and Design Manual
b The design, installation operation, and maintenance of the sediment and erosion
control m%,aswes must bL, 6uch that they equal of exceed the requ,rCn,ents bpec.fed
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
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)
7 Protective Fencing
The outside buffer wetland or water boundary and along the construction comdor within
these boundaries approved under this authorization shall be clearly marked with orange
warmng 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 0233
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 WeBSCaPe Unit North Carolina Division of Water Quality 1650 Mail Service
Center Raleigh, NC, 27699 1650
9 Deed Restrictions

Veit and Bayer
Odge 4 of 5
Jul 18 21012,
Ms Lindsay Veit & Mr John Bayer (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 in their natural
state in perpetuity prior to the sale of 526 Oakiand Drive in Raieign iv-
No person or entity shall perform an) of tl,e following tcti%itie. on bull, 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 This
requirement excludes riparian areas authorized accordance with this minor variance for
impacts in approval 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 Mayor 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 00am 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 to DENR as follows

Veit and Bayer
Page:) or 5
Juli 18 2012
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail service Center
Raleigh NC 27699 1601
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B 0233(9)(c)] Please call Ms Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials
Sincerely
'Charles W lld P E
CW/asc
Enclosures Certificate of Completion
cc DWQ Raleigh Regional Office
File Copy
Kelly Williams NCEEP
Bob Zarzecki, S &EC 11010 Raven Ridge Rd Raleigh NC 27614
File Name 120387 _5260aklandDr(Wake)NBR_MajVar