20090136 Ver 4_Approval Letter_20100823

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 23, 2010
Town of Wake Forest
Attn: Ms. Susan Simpson
401 Elm Avenue
Wake Forest, NC 27587
Subject Property: Dunn Creek Greenway- Wake Forest
UT to Smith Creek [030402,27-23-(2), C, NSW]
Dear Ms. Simpson:
DWQ Project # 2009-0136v4
County: Wake
You have our authorization of exemption from the Neuse River Riparian Buffer Rules [I 5A
NCAC 2B.0233] for the temporary construction access for the proposed greenway trail located at
the subject property located in the existing maintained utility easement. This activity is
considered exempt from the Neuse Buffer Rules [15A NCAC 02B.0233] due to the fact that the
temporary construction access is located in an already maintained utility easement, which is
considered an existing buffer impact and does not require written authorization from the Division
of Water Quality (DWQ).
This authorization is only valid for the purpose and design that your consultant, Ryan Lavinder
of KCI, described in his letter dated July 14, 2010 and associated plan sheets with a revised date
of February 26, 2010. If you change your project, you must notify us and you may be required to
send us an application.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 15013. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://podal.ncdenr.org/web/wq/ws
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Town of Wake Forest
Page 2 of 2
August 23, 2010
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the DWQ under the Neuse River Riparian Buffer Protection
Rules [15A NCAC 2B.0233]. Please call Amy Chapman at [phone] if you have any
questions or require copies of our rules or procedural materials.
Si erely,
Ian McMillan, Acting Supervisor
401 Oversight and Express Permits Unit
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Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Ryan Lavinder, KCI, 4601 Six Forks Rd, Ste 220, Raleigh, NC 27609
File Copy
File Name: 090136v4DunnCreekGreeway(Wake)NBR Exempt