20081306 Ver 1_Approval Letter_20081024

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 24, 2008
Mr. Tom Ellis
Town of Cary
316 N. Academy Street
Cary, NC 27513
Subject Property:
Cary Parkway Walking Trail-ST-1135
Crabtree Creek [030402, 27-33-(1), C, NSW]
DWQ Project # 2008-1306
County: Wake
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Ellis:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 227 ft2 of Zone 1 and 2,068 ft2 of Zone 2 of the protected riparian buffers to
construct the walking trail at the subject property as described within your application dated August 19,
2008 and received by the Division of Water Quality (DWQ) on August 25, 2008, with additional
information received by DWQ on October 3, 2008. 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 regulations.
This authorization 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.
The Additional Conditions of the Certification are:
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:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 227 (square ft.) Additional Info Received
October 3, 2008
Zone 2 Buffers 2,068 (square ft.) Additional Info Received
October 3, 2008
2. Erosion & Sediment Control Practices
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwctlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
Town of Cary
Page 2 of 2
October 24, 2008
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval from the Division. If placement of sediment and erosion control devices
in wetlands and waters is unavoidable, design and placement of temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
6. 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 15A NCAC 2B .0233.
Town of Cary
Page 2 of 2
October 24, 2008
Certificate of Completion
• nt
roved within this authorization, and any subsequent le to the 401
Upon completion of all work app 1650 Mail
modifications, the applicant is required tniteNorth Carolina Division iaof Water Quality, the attached oversight/Express Center, RR Review Permitting
Service
roved
a dCertificate (associated with the app
decision. The Director's decision is
Any disputes over determinations regarding this Authorization
buffer impacts) shall be referred in writing to the Director for S
subject to review as provided in Articles 3 and 4 of G.. 150B. This Authorization Certificate shat
expire five (5) years from the date of this letter.
2
he review of the "No Practical Alternatives" determination under 15A NCAC Chapman at
This letter completes t of the buffer rules, please call Amy
im acts to either Waters of the United States or
.0233. If you have any questions or would like a copy
733-1786. This letter does not authorize anyCorps p of Engineers (USACE) or NC Division of Water
(919)
Waters of the State.
f any impacts are proposed to either of these waters.
Quality (D Q)
Si cerel ,
Coleen H. Sullins
CHS/cbk/asc
Enclosures. Certificate of completion
Lauren Witherspoon, DWQ Raleigh Regional Office
cc:
DLR Raleigh Regional Office
Matt Matthews
File Copy
Central Files
081306CaryParkway W alkingTrailST 113 5(W ake)NBR
Filename: