20160566 Ver 2_Approval Letter_20161115

Water Resources
ENVIRONMENTAL QUALITY
November 15, 2016
Capital City Property Solutions, Inc.
Attn: Ms. Kristi Thayer
3200 Glen Royal Road, Ste 104
Raleigh, NC 27617
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0566 v2
Durham County
Subject: Major Variance Approval of Neuse Riparian Buffer Impacts with Additional
Conditions - Modification
611 N. Elizabeth Street, Durham
Dear Ms. Thayer:
You have our approval for the impacts listed below for the purpose described in your application
dated May 19, 2016, received by the Division of Water Resources (Division) May 19, 2016, with
subsequent information received on June 3, 14, 16, and 17,2016, July 18, 2016, and August 10,
14 and 15, 2016 and request for a modification to change the mitigation provider received by
the Division on November 14, 2016. This letter shall serve as your Major Variance approval with
conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii) and replaces the Major Variance
approval issued on September 16, 2016. 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 following conditions:
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)]
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Buffers — Zone 1
Site 1
230 (square feet)
0 (square feet)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Capital Property Solutions, Inc.
Major Variance Approval
DWR Project #16-0566
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Site 2
200 (square feet)
0 (square feet)
Site 3
80 (square feet)
0 (square feet)
Site 4
130 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
660 (square feet)
0 (square feet)
Site 4
111 (square feet)
0 (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. Compensatory Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Environmental Banc & Exchange (EBX) to
meet this mitigation requirement. EBX may use buffer mitigation credits from the Upper
Neuse Riparian Buffer Umbrella Mitigation Bank using Cedar Grove, Hatley or Ezell bank
sites. Proof of payment must be provided to this Office prior to the sale of the property
and in no event later than December 31, 2016. For accounting purposes, this Major
Variance Approval authorizes payment to EBX to meet the following compensatory
mitigation requirement [15A NCAC 02B .0233 (9)(c)(ii)]:
4. Buffer Restoration
In November 2016, the application shall plant a total of eight trees with the buffer
restoration area to achieve a density of 260 trees per acre. The number and species of
trees to be planted shall conform to the restoration plan received by the Division on June
16, 2016. Trees that do not survive shall be replaced for a period of 5 years from
November 30, 2016.
5. Stormwater Management Plan
The Division approves the SMP consisting of one rain garden and all associated
downspout drains as depicted on plan sheets received by the Division on August 14,
2016, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply:
Compensatory Mitigation
River and Sub -basin Number
Required
Buffers
3, 077 (square feet)
Neuse
03020201— Falls Lake Basin
4. Buffer Restoration
In November 2016, the application shall plant a total of eight trees with the buffer
restoration area to achieve a density of 260 trees per acre. The number and species of
trees to be planted shall conform to the restoration plan received by the Division on June
16, 2016. Trees that do not survive shall be replaced for a period of 5 years from
November 30, 2016.
5. Stormwater Management Plan
The Division approves the SMP consisting of one rain garden and all associated
downspout drains as depicted on plan sheets received by the Division on August 14,
2016, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply:

Capital Property Solutions, Inc.
Major Variance Approval
DWR Project #16-0566
Page 3 of 5
■ Prior to sale of the property and in no event later than December 31, 2016, a
declaration of compliance, which indicates the footprint of the rain garden and all
associated conveyances and ensures direct discharges of stormwater runoff
through the buffer do not occur, shall be recorded with the Durham County
Register of Deeds, run with the land and be binding on all future lot owners.
The SMP shall not be modified without prior written authorization from the
Division. To request a modification, a copy of the approval letter and
plans/calculations for the proposed SMP as modified shall be submitted to the
DWR 401 & Buffer Permitting Branch for approval. Division approval shall be
obtained before beginning any modification.
■ Maintenance activities for the rain garden shall be performed in accordance with
the Rain Garden Operation and Maintenance (0&M) Agreement signed by Kristen
Thayer, President, Capital City Property Solutions, Inc. on June 17, 2016. The
0&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the BMP facility. The Division shall be notified within
30 calendar days of every transfer.
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 [15A NCAC 02B
.0200]:
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.

Capital Property Solutions, Inc.
Major Variance Approval
DWR Project #16-0566
Page 4 of 5
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
7. 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. [15A NCAC 2B .0233]
8. 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.
9. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major
Variance. 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 letter and is responsible for complying with all
conditions. [15A NCAC 02B .0233(c)(ii)]
10. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project
completion (available at: http://deg.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-application-
forms-help-documents.
10. This approval grants permission to the director, an authorized representative of the
Director, or DEQ 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 approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance 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).

Capital Property Solutions, Inc.
Major Variance Approval
DWR Project #16-0566
Page 5 of 5
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 [phone], 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 Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division the Neuse Riparian Buffer Rules as described in
15A NCAC .0233. Please contact Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
f/ Karen Higgins, Supervisor
or 401 and Buffer Permitting Branch
cc: DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 160566v2_611NElizabethStDurham(Durham)_NRB_MJV.docx