20180187 Ver 1_Approval Letter_20180228

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Water Resources Interim Director
ENVIRONMENTAL QUALITY .
February 28, 2018
DWR # 18-0187
Granville County
WJH; LLC
Attn: Patrick Lamm.
3300 Battleground Avenue, Suite 230
Greensboro, NC 27410
Subject: AFTER -THE FACT APPROVAL OF MINOR VARIANCE PER THE NEUSE,RIVERI BASIN
RIPARIAN BUFFER•PROTECTION RULES (15A NCAC 02B.0233) WITH .
;ADDITIONAL CONDITIONS.,
Pitch Pine DriVe, Creedmoor=Lot 13
Dear Mr. Lamm:
You 'have'our approval for the impacts listed below for the purpose d'escrib'ed in your,
application dated February 1, 2018: and received by the Division of Water Resources (Division)
on February 6; 2018. 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 026. 0233(8)]
Type of Impact
Amount Approved'
Amount Approved
(units)
(units):
Permanent
Tempoirary
Buffers -Zone 2
Residence*
1'700 (square feet)
0 (square feet)
*Zone 2 buffer impacts for grading depicted in the application as 1068 square feet are
exempt impacts and do not require written authorization from the Division.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://poital.nedenr.org/webllwq*/aps
1625 Mail Service Center; Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Pitch Pine Drive -Lot 13
DWR #18-0187
MINOR VARIANCE APPROVAL
Page 2 of 5
2'. No Zone 1 Impacts
Your restoration plari.proposes a restoration of 1,004 square feetto Zone 1. Please ensure
that at least two different native hardwood tree species are planted at adensity sufficient
to provide 320 trees/acre at maturity. This density is usually achieved by planting
approximately 436 trees/acre on a 10 ft. x 10 ft. grid, or 681 trees/acre on an 8 ft. x 8 ft.
grid. Provide this office confirmation in writing that this has been completed within 60 days
of this Minor Variance approval letter.
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR.
[15A NCAC 2B .0233(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 1063.5
square feet as required under this variance approval and 15A NCAC 213.0233. The Division
has received_a Statement of Availability letter from EBX to meet this mitigation
requirement. The specific bank site to be debited will be, Cedar Grove, Hatley, or Ezell,,all
located in HUC 03020201 and in the Falls Lake watershed. This payment will satisfy our
compensatory mitigation.requirements, under 15A NCAC 02B.0242(7). This variance
approval authorizes payment to the EBX's Upper Neuse Riparian Buffer,:Vmbrella
IVlitigation Bank to compensate for 1,063.5 of required buffer mitigation for impacts to
709 square feet of protected riparian buffers.
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 con struction,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 .05021

Pitch Pine Drive -Lot 13
DWR #18-0187
MINOR VARIANCE APPROVAL
Page 3 of 5
Administrative Hearings (hereby known as'OAH). A petition form may be obtained from the
OAH at http://www.n6oah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, appetition 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 normaf'office hours.(Monday,through
Friday between 8:OOam and 5:000ni,,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, 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 27.609-6285
One (1) copy.of the petition must also be served to Department of Environmental Quality:
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, NC 27604

Pitch Pine Drive -Lot 13
DWR #18-0187
MINOR VARIANCE APPROVAL
Page 4 of 5
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B.0233. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sin ere y,
Danny Smith, Supervisor
S'upervisor,.Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
'DWR 401 & Buffer Permitting Unit .
Brad Luckey via e-mail at [e-mail]