20190660 Ver 1_Approval Letter_20190701

ROY COOPER,
C.rov ernor•
MICHAEL S: RECAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA.
Environmental Quality
July, 1, 2019
D W R #19-0660
Wake County_
Steven'Benbow
4537 Moss Spring Drive
Raleigh, NC 27616
,Subject: AFTER-THE-FACTAPPROVAL OF MINOR VARIANCE PERTH E NEUSE RIVER BASIN.
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH
ADDITIONAL CONDITIONS
4537 Moss Spring Drive,, Rajeigh
Dear Mr. Benbow:
You have our approval for the impacts listed below for the purpose described in your
application dated May 15,, 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 02B. 0233(8)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
61: Shed
78 (square feet)
0 (square feet).
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UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER 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 this After -The -Fact Minor
Variance, two native hardwood tree species must be planted in the Riparian Buffer Zone.
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 sta nda rds,, statutes, or rules occur. [15A NCAC 02H .0501 and .05021
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 petition 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 normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).

UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER APPROVAL
Page 3 of 4
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 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
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.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch

UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER APPROVAL
Page 4 of 4
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit