20130830 Ver 1_Approval Letter_20130814

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Airs= ��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 14, 2013
Town of Cary — Stormwater Services Manager
Attn: Thomas Horstman
316 N. Academy Street
Cary, NC 27512
DWR # 13 -0830
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Rattle Snap Court
Dear Mr. Horstman:
You have our approval for the impacts listed below for the purpose described in your application dated
August 6, 2013 and received by the Division of Water Resources (Division) on August 7, 2013. These impacts
are covered by the attached Water Quality General Certification Number 3883 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by
the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the following
additional conditions:
The following impacts are hereby approved provided that all of the other specific and general conditions of
the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
33 (linear feet)
0 (linear feet)
Nose Carolina
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet: vvww ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer- 50% Recycled /10% Post Consumer Paper

Rattle,Snap'Court
DWR# 13 -0830
401 AND BUFFER APPROVAL
Page 2 of'4
Impact #1
'Buffers —Zone 1
558 (square feet)
0 (square feet)
Impact #2
Buffers —.Zone 2
0 (square feet)
0 (square feet)
Impact #2
Buffers`—,Zone 1
685 '(square feet)
0 (square feet)
Imp "act #3
Buffers — Zone.2
1375_ (square feet)
0 (square feet),
Impact #3
2. 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 �Notificati'on. All construction activities, incl'ud'ng
"the design, installati'on,,operation, and ,maintenance of sediment and erosion control Best Management
Practices, shall be per- formed so that no violations of state'water,quality standards, statutes, or rules
occur.
3. 'Protective Fencing
The outside buffer, wetland Or, Water boundary and along the construction corridor Within these
,bound'aries 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. anfy land disturbing activities to- ensure compliance with 15'NCAC 02H .0500.
4: This approval isJor thepur,pose and design described in your- application.,The plaris and specifications for
this proje�ct,are, incorporated by reference as, part of the Certification and Buffer Authorization. If'you
change your project, you must notify the Division and you maybe required to submit a new application
package With the appropriate fee. 'If the property1s sold; the new owner must be.,given a� copy. of this
approval letter and General Certification and;is. responsible for complying °with all conditions,
5. This approval and its conditions are final and b,inding,unless contested.
This Certification and Buffer Authorization can be, contested as provided'in Articles 3 and 4 of'General
Statute 15013'by f'iling,a written petition for an administrative, hearing to the Office, of'Admin'istrative Heari'ngs
(her6l:.y known as OAH). A,petition form may be,otitained from the OAH at hitp: / /www:ncoah.com/ or by
callingthe OAH'Clerk's Office at (919) 431- 3000'for information.
Within sixty (60) calendar- days of receipt,of`thi`s notice, a petition must'be filed With the OAH. A
petition is considered filed when the•original and one (1) copy a'Igng,with, any applicable OAH filing fee, is,
received in, the, OAH, during, normal office hours (Monday.through Friday between 8 :00am and 5:00pm,
excluding official ,state holidays).

Rattle +Snap Court
DWR# 13 -0830
401,AND BOFFE_R APPROVAL
Page 3 ofi4
The petition may be °faxed to the OAH' at (919) 431 -3100, provided the original and one copy of the, petition
along with any applicable OAH filing fee is °receiyed by the OAH within five (5') business days follow[rig,the
faxed transmission.
Mailing'address for the,OAH:
If,'sending by First ^Class Mail
via the�US'Postol Service:
'Office of'Administr-ative Hearings
6714 Mail Service Center-
Raleigh, NC'27699 -6714
If sending via delivery service,
(e.g. UPS, FedEx):
Office of Administrative Hearings
171iWew Hope Church Road
Raleigh,; NC27609 =6285
One (1) copy ofthe petition must also be, se "rved'to DE -NR:
Lacy Presnell, General "Counsel '
Department of Environment and Natural Resources
160'1 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy, of'the petition to IDWR:
Ifsending by First Class Marl
via,ihe US Postal Service:
Karen H,iggins-
'NC DENR -DWR — W,ebscape Unit
1650 Mai[Service Center
Raleigh, NC`27699 -,1650
If, sending via delivery service
(e:g. UPS; FedEx):
Karen Higgins
NC DENR -DWR — Webscape, Unit
512 N. Salisbury Street
Raleigh, NC 27604
This fetter completes ,the, review of'th�e Division under section. 401 of the Clean Water Act and'the Neuse
Riparian Buffer Rules asdescribed in 15A N'CAC 02B.0233. Please contact Cher,ri Smith at 919- 791 74251 or
cherri:smith@ncdenr- .gov'if you have any questions or concerns.
V ely,, r
y S, h, Supery or
Surface Ater Protection — Raleigh Regional'Office
Enclosures: GC 3883

Rattle,Snap Court
'DWR# 13 -0830
401 ANDSUFFER APPROVAL,
Page 4 of 4
cc: ' U.S. Army Corps of ?Engineers; Raleigh Regulatory Field' Office;. 3331 Heritage Trade Drive, St. 105_;
Wake, Forest, NC 27597
Troy Beasley; Withers '& Ravenel; 1410 Commd"nwealth Drive, Suite 101 ;, Wilmington, NC'28403