20120387 Ver 2_Approval Letter_20130806

August 6, 2013
John and Lindsay Bayer
712 Tucker Street, Apt 450
Raleigh, North Carolina 27603
DWQ # 12 -0387 v2
Wake County
Subject: APPROVAL WITH CONDITIONS OF NEUSE RIVER RIPARIAN AREA
PROTECTION RULES MAJOR VARIANCE [1SA NCAC 028.0233(9)(c)] —
MODIFICATION
526 Oakland Drive, Raleigh, NC
Dear Mr. and Mrs. Bayer:
You have our approval for the impacts listed below for the purpose described in your
application dated May 1, 2013, received by the Division of Water Quality (Division) on May 2,
2013, with subsequent information received on May 9, July 12, July 15, July 24, July 29, July 30
and August 2, 2013. This approval letter replaces the approval letter issued to you on July 18,
2012. This letter shall serve as your Major Variance approval with conditions as authorized in
15A NCAC 02B .0233 (9)(c)(ii). 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 conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts.
Zone of Buffer Impact
Purpose of Impact
Amount Approved (units)
Zone 1
House
100 (square feet)
Zone 1
Drive (lot)
398 (square feet)
Zone 1
Drive (ROW)
214 (square feet)
Zone 1
Pervious Clearing
955 (square feet)
Total Zone 1
1,667 (square feet)
Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

DWQ# 12 -0387 v2
Major Variance Approval — Modification
August 6, 2013
Page 2 of 5
Zone 2
House
656 (square feet)
Zone 2
Drive (lot)
574 (square feet)
Zone 2
Drive (ROW)
63 (square feet)
Zone 2
Pervious Clearing
937 (square feet)
Total Zone 2
2,230 (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 must be provided for the approved impacts as specified in the table-below.
The Division has received an acceptance letter from the Forrest Creek Mitigation Bank
to meet this mitigation requirement. Until the Forrest Creek Mitigation Bank receives
and clears your payment, and proof of payment has been provided to this Office; =no
impacts specified in this Approval shall occur. For accounting purposes, this Approval
authorizes payment to the Forrest Creek Mitigation Bank to meet the following
compensatory mitigation requirement:
4. Stormwater Management Plan (SMP) Approval by the Division
The Division approves the SMP consisting of one bioretention cell and all associated
stormwater conveyances, inlet and outlet structures, and the grading and drainage
patterns depicted on plan sheets dated August 2, 2013, which are incorporated by
reference and are enforceable by the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved bioretention cell shall be
942 square feet of built -upon area. Any changes to these maximum areas shall
require the applicant to submit and receive approval for a revised stormwater
management plan by the Division.
b) The footprint of all stormwater management devices as well as an additional 10-
foot wide area on all sides of the devices shall be located in either public rights -of-
way, dedicated common areas or recorded easement areas. The final plats for the
project showing all such rights -of -way, common areas and easement areas shall be
in accordance with the approved plans.
c) The approved SMP shall be constructed and operational before any permanent
building or other structure is occupied at the site.
d) The SMP may not be modified without prior written authorization from the
Division. A copy of the approval letter and the modified SMP shall be submitted to
the Division prior to the commencement of the modifications.
e) Maintenance activities for the bioretention cell shall be performed in accordance
with the notarized 0 &M agreements signed by Mr. John Bayer (Owner) on July 9,
Compensatory
Mitigation Required
River and Sub -basin
Number
Buffers
6,940.5 (square feet)
03020201- Neuse
4. Stormwater Management Plan (SMP) Approval by the Division
The Division approves the SMP consisting of one bioretention cell and all associated
stormwater conveyances, inlet and outlet structures, and the grading and drainage
patterns depicted on plan sheets dated August 2, 2013, which are incorporated by
reference and are enforceable by the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved bioretention cell shall be
942 square feet of built -upon area. Any changes to these maximum areas shall
require the applicant to submit and receive approval for a revised stormwater
management plan by the Division.
b) The footprint of all stormwater management devices as well as an additional 10-
foot wide area on all sides of the devices shall be located in either public rights -of-
way, dedicated common areas or recorded easement areas. The final plats for the
project showing all such rights -of -way, common areas and easement areas shall be
in accordance with the approved plans.
c) The approved SMP shall be constructed and operational before any permanent
building or other structure is occupied at the site.
d) The SMP may not be modified without prior written authorization from the
Division. A copy of the approval letter and the modified SMP shall be submitted to
the Division prior to the commencement of the modifications.
e) Maintenance activities for the bioretention cell shall be performed in accordance
with the notarized 0 &M agreements signed by Mr. John Bayer (Owner) on July 9,

DWQ# 12 -0387 v2
Major Variance Approval — Modification
August 6, 2013
Page 3 of 5
2013. The O &M agreement shall transfer with the sale of the land or transfer of
ownership /responsibility for the BMP facility. The Division shall be notified
promptly of every transfer.
f) The applicant and /or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion
(available at
http: / /portal. ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
5. Deed Restrictions
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 Oakland Drive in Raleigh, 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."
6. 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.
7. Erosion and 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.

DWQ# 12 -0387 v2
Major Variance Approval — Modification
August 6, 2013
Page 4 of 5
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.
8. 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.
9. 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. 0233.
10. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. 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 and is responsible for complying with all
conditions.
11. The applicant and /or authorized agent shall provide a completed Certificate of
Completion Form to the DWQ Webscape Unit within ten days of project completion
(available at:
http: / /porta1.ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms).
12. This approval grants permission to the director, an authorized representative of the
Director, or DEN staff, upon the presentation of proper credentials, to enter the
property during normal business hours.

DWQ# 12 -0387 v2
Major Variance Approval — Modification
August 6, 2013
Page 5 of 5
This approval and its conditions 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) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.comZ or by calling the
OAH Clerk's Office at (919) 431 -3000 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 8:00a.m 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 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Approval shall be final and binding.
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Contact Jennifer Burdette at 919 - 807 -6364 or
jennifer.burdette @ncdenr.gov if you have any questions or concerns.
cc: DWQ RRO 401 files
DWQ Webscape Unit
Sincerely,
Karen Higgins, Super ' r
Wetlands, Buffers, Str ams —
Compliance & Permitting Unit
Filename: 120387Veit &Bayer5260aklandDr(Wake)_MV_Mod