20171576 Ver 2_More Info Requested_20180511

Subject: REQUEST FOR ADDITIONAL INFORMATION
104 Turquoise Creek Drive
Dear Mr. Maple:
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelmy
LINDA CULPEPPER
Interim Director
DWR #17-1576 v2
Wake County
On March 12, 2018, the Division of Water Resources (Division) received your application dated
March 10, 2018 requesting a Minor Variance from the Division for your project. This office also
received additional information you provided 'on April 18, 2018. The Division has determined
that your application remains incomplete and cannot be processed. The application is on -hold
until the following information is received:
1) The Variance requirements set forth in the Neuse Riparian Buffer Rule, 15A NCAC 02B
.0233 (9) (i) (A), (B), and (D) states the following:
"(A) If the applicant complies with the provision of this Rule, he/she secure no
reason ablereturn from, nor make reasonable use of, his/her property shall not be
considered adequate justification for a variance. Moreover, the Division of delegated
local authority shall consider whether the variance is minimum possible deviation from
the term of the rule that shall make reasonable use of the property with the provision of
this rule, he/she can secure a reasonable return from or make reasonable use of the
property,possible.
-.(B).The hardship .results from application of this Rule to the property rather than .from
other factors such as deed restrictions or other hardship.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedetir.org/web/wq/ops
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

104 Turquoise Creek Drive
DWR #17-1576'v2
ON -HOLD
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-(D) The applicant did not cause the hardship by knowingly or unknowingly violation the
is Rule."
The information and the detail you provided in your application is inadequate to
complete a review to;determine if there are practical difficulties or unnecessary
hardships that prevent compliance with the'strict letter.of the riparian buffer protection
requirements. Please revisit and address how items A, B and D listed above apply to
your project.
2) For a portion of the -project, the proposed footprint of the Zone 2 impacts in the
entire width of Zone 2 (this is the outer 20 foot portion of the buffer zone),. Do you
anticipate some impacts to Zone I during the installation/construction of the pool and .
patio to occur or will all impacts to Zone 1 be avoided?
3) On May 2, 2018, this office issued you a Notice of Violation=Notice of Intent to Enforce
for Zone 1 riparian buffer impacts. Specifically, this correspondence was sent due to the
cutting/clearing of trees in Zone 1. This occurred while this office was reviewing your
request for a minor variance where you indicated there were no impacts to. Zone 1.
Please explain why the trees were removed from Zone 1 and if it was in preparation of
the installation of the pool.
On May 3, 2018 you provided this office with a restoration plan. The restoration plan
does not adequately'resolve the NOV=NOI issued on May 2, 2018. The NOV-NOI states
the restoration area to be addressed is outlined in yellow on Attachment 1. The
restoration for the trees removed from Zone 1,is required to be. in the same
approximate footprint. Please provide a restoration plan for the area adjacent and
inclusive of the stumps.
4) Due to the riparian buffer violations, respective, restoration requirements, and the need
for mitigation easement/deed restriction(s) for.onsite mitigation, this office
recommends that you choose to satisfy the mitigation requirements by payment into;a
private mitigation bank or NC Ecosystem Enhancement Program (NC EEP).
To accomplish this, buffer mitigation must be met through payment of a compensatory
mitigation fee to a private mitigation bank or NC Ecosystem Enhancement Program, (NC
EEP) if mitigation is not available from `a private mitigation bank. A list of available .
mitigation banks can be found online at:
http://Portal.ncdenr.org/web/wq/nutrientbufferbanks. Information regarding NC EEP's
procedures for requesting and purchasing mitigation may be found at

104 Turquoise Creek Drive
DWR #17-1576 v2
ON -HOLD
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http://portal.ncdenr.org(web/eep/mitigation-applicants. If mitigation is proposed
through a private mitigation bank or NC EEP, the acceptance letter must be included in
the application package specifying that they have the appropriate number of credits
that your project requires. DWR recommends that you request the maximum possible
mitigation amount that may be required so that you will not have to get further
approval on short notice. 15A NCAC 02B .0260
Please notify this office on which mitigation option you choose.
5) Will your project include the construction of a fence around the pool area? Please
provide details if the construction of a fence is planned. Fences are allowable in the
riparian buffer provided that disturbance is minimized and installation does not result in
removal of vegetation.
Pursuant to Title 15A NCAC 02H .0502(c) and Title 15A NCAC 02B .0233 (8), the applicant shall
furnish all of the above requested information for the proper consideration of the application.
If all of the requested information is not received in writing within 30 calendar days of receipt
of this letter, the Division will be unable to approve the application and it will be returned. The
return of this project will necessitate reapplication to the Division for approval, including a
complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending four copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Water Quality Certification Rules or
the Neuse Riparian Buffer Rules for this activity.
Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
7ceIy,
1217 i
Danny Smit
Supervisor, Water Quality Regional Operations Section

104 Turquoise Creek Drive
DWR #17-1576 v2
ON -HOLD
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cc: DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file via Laserfiche