20050054 Ver 3_Approval Letter_20130122

CCDENR
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
January 22, 2013
DWQ # 05 -0054 v3
Wake County
Town of Cary
Attn: Amy Mackintosh, Parks, Recreation & Cultural Resources
316 North Academy Street
Cary, NC 27513
Subject Property: Authorization Certificate per the Neuse Riparian Buffer Rules
Indian Creek Greenway Connector
Dear Ms. Mackintosh:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
permanently impact 426 square feet of Zone 1 Neuse protected riparian buffer and 290 square feet of
Zone 2 Neuse protected riparian buffer, and to temporarily impact 1,266 square feet of Zone 1 Neuse
protected riparian buffer and 626 square feet of Zone 2 Neuse protected riparian buffer, as described
within your application, received by the N.C. Division of Water Quality (Division) on January 7, 2013.
This Authorization Certificate is in addition to previous authorizations issued on June 28, 2011 and
May 5, 2005. 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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Zone 1- permanent
426
(square ft.)
PCN pg 7 of 11
Zone 2 - permanent
290
(square ft.)
PCN pg 7 of 11
Wetlands, Buffers, Stormwater - Compliam a and Permiffing (Webscape) Unit One
'61,G Mail Service Center, Raleigh North Camlma 27690 -1& 0 NorthCarolina
Location 51[ N S,..-soury St Raleigh, North :,a!olma 27bU4
Phone My 907.6300 , FAX X19 -r,07 -6499' Cuslomer SeMCe 1-877-623-F743 ���9At�o� /`�
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Indian Creek Greenway Connector
Page 2 of 3
January 22, 2013
Zone 1- temporary
1,266
(square ft.)
PCN pg 7 of 11
Zone 2 -temporary
626
(square ft.)
PCN pg 7 of 11
2. Protective Fencina
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. Diffuse Flow (DWQ Reviewed Plans)
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).
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0233(5)),
you have provided the DWQ with level spreader designs dated May 26, 2011. The DWQ believes
that if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as
per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be notified and corrective actions to
restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no
time shall stormwater from the proposed development be piped directly through the buffer without
prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality. Stormwater easements shall be recorded
for a distance of at least 10 feet on each side of all stormwater conveyances on all lots containing
these structures including future access for maintenance. The stormwater easements shall allow for
the ability to maintain the structures, perform corrective actions as described above and shall
provide protection of the structures from potential alternations by future property owners.
An Operation & Maintenance (O &M) agreement signed by the current landowner must be approved
by the DWQ. This 0 &M agreement must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities and the DWQ must be notified of every transfer.
4. 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.
S. 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 ora/ web /wq /swp /ws/ 401 /certsandpermits/apply /forms).

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Indian Creek Greenway Connector
Page 3 of 3
January 22, 2013
You can contest this Certification 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
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,
Karen Higgins, Sup sor
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
DWQ RRO 401 files
Twin Lakes Master Association, Inc. c/o PPM Inc., 6739 Falls of Neuse Rd., Raleigh, NC 27615
File Copy
Filename: 050054v3lndianCreekGreenwayConnector (Wake) NBR.doac