20061203 Ver 4_Approval Letter_20120403

-A74f,;A
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Town of Cary
Tim Bailey PE
316 N Academy St
Cary NC 27513
Subject Property
Division of Water Quality
Charles Waklid PE
Director
April 2012
West Reedy Branch Gravity Sewer
Reedy Branch [030605 16 41 10 1 WS IV NSW]
Dee Freeman
Secretary
DWQ Proiect # 06 1203 v 4
County Wake
AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A
NCAC 211 0267) Authorization Certificate
Dear Mr Bailey
You have our authorization in accordance with 15A NCAC 02B 0267 and any conditions listed below to impact
approximately 24 576 ft2 of Zone 1 (temporary impacts) 5 240 ft2 of Zone 2 (permanent impacts) 22 307 ft2 of
Zone 2 (temporary impacts) and 2 788 ft2 of Zone 2 (permanent impacts) of the protected riparian bufferslfor
West Reedy Branch Gravity Sewer as described within your application dated October 31 2011 received by the
Division of Water Quality (DWQ) on November 14 2011 and additional information received on January 12
2012 (dated January 11 2012) February 23 2012 and March 19 2012 (dated March 14 2012) In addition you
should obtain or otherwise comply with any other required federal state or local permits before you go ahead with
your protect including (but not limited to) Erosion and Sediment Control Non discharge regulations
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
The Additional Conditions of the Certification are
I 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
On No ehCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
Amount Approved
(Units)
Plan Location or Reference
Zone 1 Buffers (temporary)
24 576 (square ft
PCN
page 6 of 11 and buffer impact
table
Zone 1 Buffers (permanent)
5 240 (square ft )
PCN
page 6 of 11 and buffer impact
table
Zone 2 Buffers (temporary)
22 307 (square ft )
PCN
page 6 of 11 and buffer impact
table
Zone 2 Buffers (permanent) 1
2 788 (square ft) I
PCN
page 6 of 11 and buffer impact
table
On No ehCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

Page 2
2 Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specif ►cations 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 by
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 0267(8)

Page 3
6 Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below We understand that
you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DWQ
to be a suitable method to meet the mitigation requirement Until the EEP receives and clears your check
(made payable to DENR — Ecosystem Enhancement Program Office) no impacts specified in this
Authorization Certificate shall occur The EEP should be contacted at [phone] if you have any
questions concerning payment into the fund You have 60 days from the date of this approval to make
this payment For accounting purposes, this Authorization Certificate authorizes payment into the
NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement
7 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 2H 0500
8 Notification of Project Commencement
Please notify Lauren Witherspoon at [phone] or lauren witherspoon ,ncdenr gov of the proposed
start date of the project
9 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent modifications the
applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC
27699 1650
10 Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands waters and
protective buffers in order to assure compliance for future wetland water and buffer impact These
mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is
appropriate A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http //portal ncdenrorg/web/wq/swp/ws/401/riparianbuffers The text of the sample deed notification maybe
modified as appropriate to suit to this project
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B 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
Zone 1 Buffers
Compensatory Mitigation Required
River and Sub basin Number
Riparian Buffer
11 361 square feet
34 083 square feet
Jordan Lower New Hope
7 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 2H 0500
8 Notification of Project Commencement
Please notify Lauren Witherspoon at [phone] or lauren witherspoon ,ncdenr gov of the proposed
start date of the project
9 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent modifications the
applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC
27699 1650
10 Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained Jurisdictional wetlands waters and
protective buffers in order to assure compliance for future wetland water and buffer impact These
mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is
appropriate A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http //portal ncdenrorg/web/wq/swp/ws/401/riparianbuffers The text of the sample deed notification maybe
modified as appropriate to suit to this project
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B 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

Page 4
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 OOam and 5 OOpm 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 [phone]
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 Authorization shall expire five (5) years from the date of this letter
This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0267 If
you have any questions or would like a copy of the buffer rules please call Lauren Witherspoon at (919) 791
4251 This letter does not authorize any impacts to either Waters of the United States or Waters of the State
Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters
Sincerely
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures Certificate of Completion
cc DLR Raleigh Regional Office
WeBSCaPe Unit — 1650 Mail Service Center
RRO File Copy
Keven Arrance — Hazen and Sawyer 4011 WestChase Blvd Raleigh NC 27607
F filename 06 1203 v 4—West Reedv Branch Gravity_JBR—Approval