20190221 Ver 1_Maj Var AddInfo_20190328

ROY COOPER
Governor
MICHAEL S.REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 27, 2019
D W Q #: 2013-0570
Wake County
Mrs. Heather Gates
1109 Ashford Lane
Cary, NC 27511
Subject: REQUEST FOR ADDITIONAL INFORMATION
1109 Ashford Lane
Dear Mrs. Gates:
On February 14, 2019, the Division of Water Quality (Division) received your application dated February
4, 2019 requesting a Major Variance to the Neuse Riparian Buffer Rules for your project. The Division
has determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
1. Please provide a stream determination letter from the Division or Town of Cary confirming the
Neuse Riparian Buffer applicability to the subject stream feature.
2. Please provide construction drawings of the proposed screened porch and deck.
3. The proposed work includes streambank stabilization on the UT to Walnut Creek. Please provide
more detail and construction drawings of the proposed stream bank stabilization. Typically, any
work done on jurisdictional streams that disturbs the bank or bed at or below the ordinary high
water mark is regulated by the Army Corps of Engineers under Section 404 of the Clean Water
Act and authorized through a Section 404 permit. If the project requires a Section 404 permit, a
Section 401 Water Quality Certification issued by the Division is also required. Please contact the
Wilmington District of the Army Corps of Engineers to determine if the proposed stream bank
stabilization work requires a 404 permit or inform the Division if you have already done so.
4. Buffer mitigation is required for the proposed Zone 1 buffer impacts. You have proposed
permittee -responsible mitigation through the planning of native herbaceous and woody
perineal shrubs and trees on the property.
a. The proposed mitigation area is in a utility easement that runs along the northern and
eastern (rear) boarders of the property. The Division can not approve of a mitigation site
in an existing easement. Please revise the mitigation plan to reflect this.
b. Please provide a detailed planting plan that shows species and locations of proposed
plantings. Note that standards call for at least two different native hardwood species at
DEQ North Carolina Department of Environmental Quality IDivision ofwaterResources
512 North Salisbury Strect 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
\ _'

a density of 260 trees/acre of impact. Please provide calculations to show the proposed
impacts will be mitigated at this density or greater. Bear in mind that plantings as part of
permittee -responsible mitigation will require success monitoring.
5. Stormwater treatment must be provided for an area equal to the entire amount of new
impervious area added within the riparian buffer. This includes the surface area represented by
the proposed deck and the screened porch. You have proposed the construction of two rain
gardens, installation of downspout splash pads, and a rain barrel with passive drawdown as
measures to treat the stormwater.
a. Please provide a plan detail showing where the splash pads and rain barrel will be
installed. Also provide a design and planting plan for the rain gardens. What areas will
drain to each rain garden?
b. Please provide calculations demonstrating how the rain garden area and splash pads will
offset the increased impervious surface area. Please contact the Division if you need
assistance with this.
c. One of the rain gardens is proposed in Zone 1 of the buffer. A stormwater BMP in Zone
1 of the buffer is allowable only with mitigation. Please demonstrate why it is not
practicable to location the rain garden outside of the buffer. If there are no alternatives
to locating the rain garden in Zone 1, this are of impact will require mitigation and a
revised mitigation plan will be necessary.
Pursuant to Title 15A NCAC 02H .0502(e), 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 at the address below within 30 calendar days of receipt of this letter, the Division will
be unable to process 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 be aware that you have no authorization under Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Contact Paul Wojoski at [e-mail] or 919-707-3631 if you have any questions or
concerns.
cc: DWQ RRO 401 files
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater—
Compliance & Permitting Unit
File name: 20190221GatesResidence(Wake)_NRB_MajVar_HOLD