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Home My WebLink About20190750 Ver 1_Buffer Approval Letter (Minor Variance)_20190802ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Sherry Burris 1103 Banbury Woods PI Raleigh, North Carolina 27613 NORTH CAROLINA Environmental Quality August 02, 2019 DWR #19-0750 Wake County Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS 1103 Banbury Woods PI Dear Ms. Burriss: 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 and July 15, 2019. This letter shall act as your Minor Variance Approval as described within I5A 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 Loose laid patio 1 146 (square feet) 1 0 (square feet) 2. No Zone I Im acts No impacts (except for "exempt' uses as identified within I5A NCAC 2B .0233) shall occur to Zone I 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)] et5fD North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office ! 3800 Barrett Drive I Raleigh. North Carolina 27609 � \ 919.791.4200 1103 Banbury Woods PI DWR #19-0750 MINOR VARRIANCE APPROVAL Page 2 of 3 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 219 square feet as required under this variance approval and I5A NCAC 02B .0233. This variance approval authorizes the planting of three (3) native shrubs to compensate for 219 square feet of required buffer mitigation for impacts to 146 square feet of Zone 2 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 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 standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 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 hAp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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 fling fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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. 4EQ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 Mailing address for the OAH: If sending by First Class Marl via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 1103 Banbury Woods PI DWR #19-0750 MINOR VARRIANCE APPROVAL Page 3 of 3 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 Marl via the US Postal Service: Karen Higgins NC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-16I7 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 Erin Deck at 919-791-4200 or Erin. Deckkncdenr.g_ov if you have any questions or concerns. Sincerely, Karen Higgins Supervisor, 401 & Buffer Permitting Branch DWR RRO 40 UBuffer Authorization file DWR 401 & Buffer Permitting Unit John Hawkins via e-mail: jwhawk480-xmai1.com North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 1 1628 Mail Service Center I Raleigh, North Carolina 27699.1628 919.791.4200