20160875 Ver 1_Approval Letter_20161212

Water R esources
ENVIRONMENTAL QUALITY
December 12, 2016
Ms. Belinda Keever.
8005 Falling Leaf Court
Raleigh, NC 27615
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0875
Wake County
Subject: Major Variance Approval of Neuse Riparian Buffer Impacts with Additional
Conditions
8005 Falling Leaf Court, Raleigh
Dear Ms. Keever:
You have our approval for the impacts listed below for the purpose described in your application
dated September 9, 2016 (sic), received by the Division of Water Resources (Division) September
8, 2016. 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 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)]
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Buffers —Zone 1
644 (square feet)
0 (square feet)
Buffers — Zone 2
569 (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.
State of North Carolina � Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Ms. Belinda Keever
Major Variance Approval
DWR Project #16-0875
Page 2 of 4
3. 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] :
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.
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.
4. 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 .02331
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)]
6. 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

Ms. Belinda Keever
Major Variance Approval
DWR Project #16-0875
Page 3 of 4
completion (available at: http://deg.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/401-wetlands-buffer-permits 4C�1-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).
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:OOam and S:OOpm, 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:
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 Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Ms. Belinda Keever
Major Variance Approval
DWR Project #16-0875
Page 4 of 4
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,
Karen Higgins, Supervi
401 and Buffer Permitting Branch
cc: DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 160875_8005FallingLeafCtRaleigh(Wake)_N RB_MJV.docx