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Home My WebLink About20190941 Ver 1_Approval Letter_20191001ROY COOPER. Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Gregory and Deborah Covington 6215 Chapel Hill Road Raleigh, NC 27607 NORTH CAROLINA Environmental Quality October 1, 2019 DWR #19-0941 Wake County Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS Gregory and Deborah Covington Property Garage Dear Mr. and Mrs. Covington: You have our approval for the impacts listed below for the purpose described in your application dated July 16, 2018 with a site visit conducted on October 1, 2019. 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 B1: Parking Area 120 (square feet) 0 (square feet) North Carolina Department of Fnvlranrnenta! Quality 1 Division of Mater Resources Ralr.igh Regional Office ' 3800 Sarrett Drive I Rabic ii,Nortli C:arolini 22609 w...... ,ta�wr,, F,wzm,� r"" 919.793.4200 Gregory & Deborah Covington Property Garage DWR #19-0941 MINOR VARIANCE APPROVAL Page 2 of 4 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. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from Restoration Systems, LLC from the Weaver Farm Nutrient Mitigation Bank to meet this mitigation requirement. Until Restoration Systems, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to Restoration Systems, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: 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 .05021 Compensatory Bank Sponsor River & Sub -basin Number Mitigation Required Buffer -Zone 2 180 (square feet) Restoration Systems, LLC 03020201 Outside Falls Lake Watershed 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 .05021 Gregory & Deborah Covington Property Garage DWR #19-0941 MINOR VARIANCE APPROVAL Page 3 of 4 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 (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 filing 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. 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 Gregory & Deborah Covington Property Garage DWR #19-0941 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 stephanie.goss@ncdenr.gov if you have any questions or concerns. Since ly, Rick Bolich, L.G. Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit