20140083 Ver 1_Approval Letter_20140417

i NCDENR
M•
April 17, 2014
Jeffrey Gunter
13165 Fox Hunt Lane, Apt 121
Herndon, VA 20171
John E. Skvarla, III
Secretary
DWR # 14 -0083
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance
[15A NCAC 02B .0233(9)(c)] with Additional Conditions
7701 Greentree Court
Dear Mr. Gunter:
You have our approval for the impacts listed below for the purpose described in your application
dated December 28, 2013 received by the Division of Water Resources (Division) on
January 24, 2014 and subsequent information provided on February 13, 2014. 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 conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 1
215 (square feet)
0 (square feet)
Buffers — Zone 2
34 (square feet)
0 (square feet)
Division of Water Resources — 401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org ►
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
E

Mr. Gunter
DWR# 14 -0083
Buffer APPROVAL
Page 2 of 5
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
You have our approval for your proposed final buffer mitigation plan. The restored buffer
area must be constructed, maintained, and monitored according to the plans approved by
this Office. Any repairs or adjustments to the site must be made according to the approved
plans or must receive written approval from this Office. The mitigation site must be
preserved in perpetuity by use of a conservation easement or other similar mechanism.
This mitigation plan is only approved for credits towards the impacts approved in this
certification.
4. Stormwater Management Plan
Applicant shall re -route two existing downspouts that drain approximately 530 square feet
of roof to an outlet dissipator pad outside the buffer to convert this discharge to diffuse
flow. The outlet dissipator will be two feet long, three feet wide and 6 inches deep. It will
be filled with number 57 gravel stone. The two gutter downspouts at the rear of the
dwelling will connect to 6 inch piping going from the bottom of each downspout to the
outlet dissipator pad. The Division of Water Resources is to be notified in writing of any
proposal to remove or modify the above storm water control measures or buffer
restoration area. This written notification is to be mailed to Division of Water Resources,
401 & buffer permitting unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650.
5. Restrictive Covenant
The Applicant shall record a restrictive covenant on the lot to prohibit filling, draining,
creation of new concentrated stormwater flow, and impacts to existing and restored
riparian buffer vegetation and ensure alterations of the discharge from two downspouts to
an outlet dissipator pad do not occur. The Covenant must state that the stream and
protected Neuse River Riparian buffer exists on the property specify that new direct
discharges of storm water runoff through the buffer to the stream are prohibited, and
require that the two downspout discharges and outlet dissipator pad remain in place
outside the buffer. The exact terms of the restrictive covenants shall be subject to
approval by the Division of Water Resources. These restrictive covenants are intended to
ensure continued compliance with all rules adopted by the State of North Carolina and the
State of North Carolina may enforce the covenants. These covenants are to run with the
land and shall be binding on all Parties and all persons claiming under them.

Mr. Gunter
DWR# 14 -0083
Buffer APPROVAL
Page 3 of 5
6. 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.
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.
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.
8. Protective Fencin
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.
9. 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.
10. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion

Mr. Gunter
DWR# 14 -0083
Buffer APPROVAL
Page 4 of 5
(available at:
http : / /po rta I . n cd e n r. o rg /web /wq /swp /ws /401 /ce rtsa n d pe rm its /apply /forms ).
11. This approval grants permission to the director, an authorized representative of the
Director, or DENR 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.
This Buffer Authorization 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 httpJ/www.ncoah.com 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 8:00am 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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
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

Mr. Gunter
DWR# 14 -0083
Buffer APPROVAL
Page 5 of 5
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919 - 807 -6364 or
iennifer.burdette @ncdenr.gov or if you have any questions or concerns.
.Sincerely,
Karen Higgins, Supe isor
401 & Buffer Permitting Unit
cc: DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 140083Gunter7701GreentreeCt (Wake)_NBR_MV.docx