20121152 Ver 1_Approval Letter_20130201

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
February 1, 2013
R. David Crabtree
104 Turk House Lane
Cary, NC 27519
DWQ Project # 12 -1152
Wake County
Subject Property: Authorization Certificate per the Jordan lake Riparian Buffer Rules
Change direction of stairs off deck
Dear Mr. Crabtree:
On December 28, 2013, the N.C. Division of Water Quality (Division) received your request to
appeal the Town of Cary's No Practical Alternatives determination. This request was made
pursuant to 15A NCAC 02B .0267(11)(e). The Division has determined that the criteria in 15A
NCAC 02B .0267(11)(a) have been met. Therefore, you have our approval, in accordance with
15A NCAC 026.0267 and those listed below, to permanently impact 36 square feet of Zone 2
Jordan Lake protected riparian buffer. 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 (S) 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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Zone 2
36 (square ft.)
Page 4 of Application
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone] FAX: 919$076494
Internet http llportal.ncdenr.orglweblwglws
An Equal Opportunity 1 Affirmative Action Employer
r

Cleveland Springs
Page 2 of 3
February 1, 2013
2. Diffuse Flow
All constructed'stormwater conveyance outlets 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 as identified within 15A NCAC 2B.0267 (8). If
this is not possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen and phosphorus. This may require additional approval from this Office.
3. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit web site at:
http:// portal .ncdenr.ore /web /wq /swp /ws/ 401 /certsandPermits /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
4. 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: //portal.ncdenr.orp,/web /wq /swp /ws /401 /certsandPerm its /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 8:00am and 5:00pm, excluding official state holidays).
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

Cleveland Springs
Page 3 of 3
February 1, 2013
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,
AM 0j
Charles Wakild, PE
cc: DWQ Raleigh Regional Office
Jan Patterson, Town of Cary Engineering Department, PO Box 8005, Cary, NC 27512
File Copy
Filename: 121152RDavidCrabtree(Wake) JBR.docx