20130772 Ver 1_Approval Letter_20130808

Pat McCro_ ry
Governor
ALT *-IWA
lie
NCDENR
North Carolina Department of Environment and Natural,Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
August 8, 2013,
John E. Skvarla, III•
Secretary
DWR #'13-0772
Johnston County
William Case
621eather Oak Trail
Clayton, NC 27520
Subject: APPROVAL OF MINOR VARIANCE PER'THE NEUSE RIVER,BASIN,RIPARIAN BUFFER
PROTECTION RULES,(15A'NCAC 029,.0233),WITH ADDITIONAL CONDITIONS
Oakwood Subdivision
Dear Mr. Case:
You have our approval for the impacts`listed below for the purpose described in your application dated July
20, 2013, received by the Division of Water Resources (Division) on July 25, 2013. 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, andWater 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 ofthe other - ,specific and general conditions of
the Buffer Rules are met. No other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
3,200 (square feet)
0 (square feet)
2. No,Zone 1 Impacts
No impacts,(exceptfor "exempt" uses�as,identified within,15A NCAC 2B J0233),shall occur to, Zone 1- ofthe',
protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added
to'Zone 1, unless otherwise approved by the DWQ.
Tlpc e Carolina
North Carolina Division of,Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone,(919) 791 -4200
Internet www ncwaterouality org Location 3800 Barrett'Drive ,Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer-50% Recycled /10% Post Consumer Paper

Oakwood Subdivision
DWR #13 -0772
MINOR VARIANCE APPROVAL
Page 2 of 3
3. 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 to ensure compliance with 15A NCAC 02B.0233.
4. 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.
5. This approval and its conditions are final and binding unless contested.
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 (919) 431 -3000 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 (919) 431 -3100, 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Wkw66d SubdiVisidn
DWR #13-0772
MINbRVARIANCE APPROVAL
Page 3 of 3
'Please sen d one (1) copy ofthe petition to DWR,
�fsi?hdino„by�Fldt Class Md& If-sendiho Via" delivery §&yice
via the,US Postal'Service: (e.g. UPS, FedEj):-
Ka-ren Higgins 'Karen Higgins
NrC DEN R-DWR —Webscape,Unit WIDIENIR-DWIR – Webscape Unit
1650 Mail Service, Cerfter 512 N.,LSalisbur 'Weet
R41'eigh, NC'27699-1650' Raleigh, NC'27604
This letter completes'the review of the Division Underi he !Neuse Riparian Buffer- Rules as described in 15A
NCACO213.0233. 'Please contact Cherri Smith ,at 919-791-4251 or cherri.smith@ncdenr.,,gov if you have any,
quest-Ion's or concerns.
-ince ly,
Danny SMft Supervisor
.Surface -ter Protection – Raleigh Regional Office
cc: PWQ RRO 401,files