20180045 Ver 1_Approval Letter_20180123

ROY COOPER
;^N Govenlor
MICHAEL S. REGAN
Seeretmy
LINDA CULPEPPER
Water Resources Interim
ENVIRONMENTAL QUALITY Director
January 23, 2018
D W R # 18-0045
'Franklin County
Delano Riddle Borys
378 Lake Royale.
Louisburg, NC 27549
Subject: 'APPROVAL OF MINOR VARIANCE'PER THE TAR-PAMLICO'RIVER BASIN'
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026.0259)',WITH
ADDITIONAL CONDITIONS
661 Sagamore Drive, Louisburg'(Borys)'
Dear Ms. 13,orys: f`
You have.our approval for the impacts listed below for the purpose described in your
application dated'December 27,2017 and received by the Di,uision''of Water Resources
(Division)'on January 8, 2018 with additional information's ived on January 2'2,-2018. This
lett'er.shall act as your Minor Variance Approval' as described within 15A NCAC 0213 .0259(9)(b).
Please note that you should get any other federal,, state or'lal ;permits before proceeding with
your project, including those required by (but not limited to),Sediment and Erosion Control,:,
Non -Discharge, and Water Supply Waterslied regulations. h'i, I\llMor Variance Approval shall
expire five (5) years from the date'of thisletter. i
This approval requires you to comply with the following con'ditio'ns:
1. The following impacts are hereby approved provided .tfia;t' all of the other specific and
general conditions of the Buffer Rules are met. No otherN impacts are approved, including
incidental impacts. [15A NCAC 0.213. 0259(8)]
Type of Impact .
Amount _Approved
.Amount
Approved,
(units)'
"i'
(units)
Permanent
;Temporary
Buffers-- Zone 2
j
131 -Garage
192 (square feet)
d
0 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://poital.ncdenr.(rg/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699, 1628 - Phone.- (919) 79.1-4200
` Location: 3800 Barrett Drive, Raleigh', NC 27609 Fax: [phone]

661 Sagamore Drive (Borys)
DWR #18-0045
MINOR VARIANCE APPROVAL
Page 2 of 5
-2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0259) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A
NCAC 2B .0259(4)(a)]
3. 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 291 square
feet as required under this variance approval and 15A NCAC 2B .0259. We understand that
after completion of the garage, you are intending to plant native trees within the riparian
buffer to meet this mitigation requirement. The plan should include a minimum of at least
two hardwood tree species planted at a density sufficient to provide 320 trees per acre at
maturity. This density is usually achieved by planting approximately 436 trees per acre on
an 10 ft. by 10 ft. grid or 681 trees per acre on an 8 ft. by 8 ft. grid. 15A NCAC 02B .0260(9).
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)]
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]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

661 Sagamore Drive (Borys)
DWR #18-0045'
MINOR VARIANCE APPROVAL
Page 3 of 5
This. Minor Variance Approval can be contested as provided in Articles 3 and .4 of General
Statute 1506 by filing a written petition for an administrative hearing to the Office of,
Administrative Hearings (hereby known as OAH). A petition form maybe obtained from.the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone]for
information.
Within sixty (60):caIendar 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 alon;g.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. stateiholidays).
The petition maybe faxed to the OAH at,[phone], provided_the original and one copy d
the petition along with ;any applicable OAH filing fee is received by the''OAH With in_five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First'Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx): l
Office of Administrative Hearings Office,bf�Administrative Hearirigs
6714 Mail Service Center 1711 New Hope Church Road'
Raleigh, NC 27699-6714 Raleigh, NC127609-6285
One (1) copy of the petition must also 'be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
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 DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh; NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer. Permitting Branch
512 N. Salisbury Street
Raleigh, N.0 27604

661 Sagamore Drive (Borys)
DWR #18-0045
MINOR VARIANCE APPROVAL
Page 4 of 5
This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as
described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or
stephanie.goss ncdenr.gov if you have any questions or concerns.
Si cer y,
Danny Sm' h, Supervisor
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit