20130030 Ver 1_Approval Letter_20130318

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NCDEENR
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
March 18, 2013
DWQ Project # 13 -0030
Wake County
Len Bradley
Parks & Recreation Department
128 South Main Street
Holly Springs, NC 27540
Subject Property: Bass Lake Outfall Greenway
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Basin
Riparian Buffer Protection Rules (15A NCAC 02B.0233) with Additional Conditions
Dear Mr. Bradley:
You have our approval, in accordance with the attached conditions and those listed below, to:
temporarily impact 72 linear feet of stream; place fill within or otherwise permanently impact 0.011
acre of wetland; temporarily impact 0.009 acre of wetland; place fill within or otherwise permanently
impact 3,523 square feet of Zone 1 Neuse River Basin protected riparian buffer and 6,973 square feet of
Zone 2 Neuse River Basin protected riparian buffer, and temporarily impact 6,105 square feet of Zone 1
and 5,122 square feet of Zone 2 Neuse River Basin protected riparian basin as described within your
application, received by the N.C. Division of Water Quality (DWQ) on January 11, 2013 with additional
information received on February 21, 2013. The impacts are covered by General Water Quality
Certification Number 3890 (GC3890), which allows you to use Nationwide Permit NW18 when issued by
the US Army Corps of Engineers (USACE). 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 approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 Permit.
This approval 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 Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
in 15A NCAC 02H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North �drolina 27699 -1650
Phone [phone] FAX [phone]
Internet http :llportalncdenrorgtwebhvglws
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallb,

Bass Lake Outfall Greenway
Page 2 of 3
March 18, 2013
Additional 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
404 Wetland - permanent
0.011 acre
Section C.2 of PCN for Wetland Impacts
404 Wetland - temporary
0.009 acre
Section C.2 of PCN for Wetland Impacts
Stream — temporary
72 (linear feet)
Section C.3 of PCN for Stream Impacts
Zone 1 Buffers — permanent
3,523 (square ft.)
Section C.6 of PCN for Buffer Impacts
Zone 2 Buffers - permanent
6,973 (square ft.)
Section C.6 of PCN for Buffer Impacts
Zone 1 Buffers - temporary
6,105 (square ft.)
Section C.6 of PCN for Buffer Impacts
Zone 2 Buffers - temporary
1 5,122 (square ft.)
I Section C.6 of PCN for Buffer Impacts
2. 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 15 NCAC 02H .0500.
3. Diffuse Flow
All new stormwater conveyances constructed to drain the greenway must discharge to existing
swales in a manner that does not result in erosion to the receiving swales or stream. The portions of
the greenway that are not drained by stormwater conveyances shall allow runoff to sheet flow into
adjacent riparian buffers. No additional stormwater will be collected or concentrated by the
proposed project. If this is not possible, then it may be necessary to provide an engineered level
spreader or stormwater practice to remove nitrogen prior to discharge. If deemed necessary, these
practices will require additional approval from the DWQ.
4. You must re- vegetate all disturbed areas within the buffers as described in your application. If you
need additional information on plantings, see Guidelines for Buffer Restoration available at:
http: / /oortal.ncdenr.org/c /document library /get file?uuid=e46ec613-90f8-4e22-973c-
57c863afc737 &groupld= 38364.
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: / /porta l.ncdenr.orv/web /wq /swo/ws /401 /certsandt)erm its /apply /forms).
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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: /Iwww.ncoah.com/` or call (919) 431-
3000 for information.

r'
Bass Lake Outfall Greenway
Page 3 of 3
March 18, 2013
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.
Si er ly,
I
anny Smit , Supervisor
Surface ter Protection — Raleigh
Regional Office
Enclosures: GC3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Karen Higgins, DWQ CO files
Chad Evenhouse; Kimley -Horn and Associates, Inc.; P.O. Box 33068; Raleigh, NC 27636 -3068
File Copy
Filename: 130030BassLakeOutfallGreenway 401 NBR.docx