The URL can be used to link to this page

Home My WebLink About20121147 Ver 1_Approval Letter_20130206rMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P E, John E. Skvarla, III Governor Director Secretary February 6, 2013 DWQ # 12 -1147 Wake County Town of Cary Attn: Joe Godfrey, Parks, Recreation & Cultural Resources PO Box 8005 Cary, NC 27512 Subject Property: Authorization Certificate per the Neuse Riparian Buffer Rules Town of Cary — Greenway (Symphony Lake) Dear Mr. Godfrey: You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to permanently impact 4,496 square feet of Zone 1 Neuse protected riparian buffer and 2,361 square feet of Zone 2 Neuse protected riparian buffer, and to temporarily impact 389 square feet of Zone 1 Neuse protected riparian buffer, as described within your'application, received by the N.C. Division of Water Quality (Division) on December 27, 2013. No other impacts are approved including incidental impacts. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and other regulations. This Authorization Certificate shall expire five (5) years from the date of this letter. This authorization certification is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: V, etlan„.. Buffers, Stomtwstcr - Cvmphance and Permitting (Webscape) Unit One 1650 Mail S. vic,� center, Raie,,,r, Nowi ^ ? -ohna 2�6y9 -'650 NorthCarolina Location 512 N Sanst. -v 6l Fate !n "lorlh Carolina 2'604 ?hone :'910i- 63CO,F c,94 CtGu,r 3ervict '-F 7V? -674e i h'61 e! v .w mats'q -1.1,; my Town of Cary — Greenway (Symphony Lake) Page 2 of 3 February 6, 2013 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization 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 to ensure compliance with 15 NCAC 02H .0500. 3. You must revegetate all temporarily disturbed areas within the buffers. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http: / /portal.ncdenr.orpJc /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &groupld= 38364. 4. Diffuse Flow Approval by the DWQ for Greenways All stormwater shall 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. If this is not possible, it may be necessary to provide an engineered level spreader or stormwater facilities to remove nitrogen and phosphorus priori to discharge. If deemed necessary, these facilities will require additional approval from the Division of Water Quality. 5. 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 Pre - Construction Notification. 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. 6. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /porta1.ncden r.org /web /wq /swp /ws /401 /certsand permits /apply /forms). This Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http: / /www ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). Type of Impact Amount Approved (Units) Plan Location or Reference Zone 1- permanent 4,496 (square ft.) PCN pg 7 of 11 Zone 2 - permanent 2,361 (square ft.) PCN pg 7 of 11 Zone 1- temporary 389 (square ft.) PCN pg 7 of 11 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization 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 to ensure compliance with 15 NCAC 02H .0500. 3. You must revegetate all temporarily disturbed areas within the buffers. If you need additional information on plantings, see Guidelines for Buffer Restoration available at: http: / /portal.ncdenr.orpJc /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c- 57c863afc737 &groupld= 38364. 4. Diffuse Flow Approval by the DWQ for Greenways All stormwater shall 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. If this is not possible, it may be necessary to provide an engineered level spreader or stormwater facilities to remove nitrogen and phosphorus priori to discharge. If deemed necessary, these facilities will require additional approval from the Division of Water Quality. 5. 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 Pre - Construction Notification. 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. 6. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /porta1.ncden r.org /web /wq /swp /ws /401 /certsand permits /apply /forms). This Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http: / /www ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). Town of Cary — Greenway (Symphony Lake) Page 3 of 3 February 6, 2013 The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed, this Certification shall be final and binding. Sincerely, &Xfl� Karen Higgins, V 1 Wetlands, Buffers, Stormwater — Compliance & Permitting Unit cc: DWQ RRO 401 files Kevin Yates, EcoEngineering, 2905 Meridian Parkway, Durham, NC 27713 File Copy Filename: 121147TOCaryGreenwaySymphonyLake (Wake) NBR.docx