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Home My WebLink About20141324 Ver 1_Approval Letter_20150126NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 26, 2015 DWR # 14 -1324 Wake County Parks, Recreation and Cultural Resources Department Attn: Lora Greco P.O. Box 590 Raleigh, NC 27602 Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Dr. Martin Luther King, Jr. Memorial Gardens Expansion Dear Ms. Greco: You have our approval for the impacts listed below for the purpose described in your application dated December 1, 2014 and received by the Division of Water Resources (Division) on December 22, 2014 with additional information received on January 12, 2015 and via email on January 23, 2015. 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, and Water 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 of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B. 0233(8)] J Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps 1628 Mail Service,Center, Raleigh, NC 27699 -1628 Phone: (919) 791 -4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788 -7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper MLK Memorial Gardens Expansion DWR #14 -1324 MINOR VARIANCE APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers — Zone 2 762 (square feet) 0 (square feet) 2. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B.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. [15A NCAC 2B .0233(4)(a)] Buffer Mitigation You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 1,143 square feet as required under this variance approval and 15A NCAC 26 .0233. We understand that you are intending to re- vegetate 4,321 square feet of Neuse Riparian Buffer on site to meet this mitigation requirement as shown on plan sheet L -401 submitted as part of this application. This restoration project will satisfy our compensatory mitigation requirements under 15A NCAC 02B.0242(7). All buffer mitigation must be provided prior to impacts. 4. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non - erosive velocities through the protected stream buffers such that it will not re- concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. 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. [15A NCAC 02H .0501 and .0502] MLK Memorial Gardens Expansion DWR #14 -1324 MINOR VARIANCE APPROVAL Page 3 of 4 7. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] 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 thirty (30) 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 DEN R: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DEN R -DWR -401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 MLK Memorial Gardens Expansion DWR #14 -1324 MINOR VARIANCE APPROVAL Page 4 of 4 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. r S'r>cer ly, Danny Smit , Supervisor Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401 file