20171576 Ver 2_Approval Letter_20180618

Water Resources
ENVIRONMENTAL QUALITY
June 18, 2018
Michael Maple
104 Turquoise Creek Drive
Cary, NC 27513
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1576 v2,
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B :0233) WITH ADDITIONAL
CONDITIONS
104 Turquoise Creek Drive
Dear Mr. Maple:
You have our approval for the impacts listed below for the purpose described in your
application dated March 10, 2018 with additional information received on April 18, May 3, 17,
29, and June 18, 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 eicpire 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'02B. 0233(8)1
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
Pool,
195 (square; feet)
0 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Qiiality Operations Section http://portal.ncdenr.orglweli;wq/aps
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
MINOR VARIANCE APPROVAL
Page 2 of 4
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) 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 .0233(4)(a)]
3. Restoration Plan As part of your restoration plan to satisfy the NOV-1\101 dated May 2, 2018
two native hardwood tree species will be planted in the approximate location as indicated
on the Pool Living Concept Plan (dated June 13, 2018) received by DWR via e-mail on June
18, 2018.
4. 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 292.5
square feet as required under this variance approval and 15A NCAC 2B .0233. The Division
has received a Statement of Availability letter from EBX-Neuse I, LLC or EBX to meet this
mitigation requirement. The specific bank sites to be debited will be Arrington Bridge I,
Arrington Bridge 11, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, or Ezell, all located in
HUC 03020201 (Not in Falls Lake Watershed). This payment will satisfy our compensatory
mitigation requirements under 15A NCAC 02B .0242(7). This variance approval authorizes
payment to EBX-Neuse I, LLC or EBX mitigation bank to compensate for 292.5 of required
buffer mitigation for impacts to 195 square feet of protected riparian buffers.
5. 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)]
6. 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)]
7. 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]

104 Turquoise Creek Drive
DWR #17-1576 v2
MINOR VARIANCE APPROVAL
Page 3 of 4
8. This approval and its conditions are final and binding unless contested. [G.S. 143=215.5]
This Minor Variance Approval 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). 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.
Within sixty (60), calendar days of receipt of this notice, a petitionmust 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 normal office hours (Monday through
Friday between 8:006m 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:
!f 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 27609-6285
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

104 Turquoise Creek Drive
DWR #17-1576 v2
MINOR VARIANCE APPROVAL
Page 4 of 4
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.
i
i
Sincerely,
Danny Smith, Supervisor
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit