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Home My WebLink About20130832 Ver 1_Approval Letter_20130909xj 7ra la:2= . NC®ENR 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 September9, 2013 Town1 of Wake Forest Plan ning °Department Attn: Candace Davis 301 South Brooks Street" Wake Forest, NC 27587 =2901 DWR # 13 -0832 Wake County Subject: APPROVAL,OF'401 WATER QUALITY 'CERTIFICATION WITH ADDITIONAL CONDITIONS AU_ THORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES•(15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS' Smith °and Sanford Creeks.Greenway Dear Ms. Davis: - You 'have our approval for-the impacts listed below for the, purpose, described in you_r,application, dated August 6, 2013' and received by the Division of'Water Resources'(Division) on August 7, 201b3. These impacts are covered by`the attached Water Qua'lity'General Certification Number 3886 and the conditions listed below.- This,certification is associated With the,use of Nationwide Permit�Number 14 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'lim'ited 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: 1. Thefoll'owing irripacts'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 appro_.ved, including' incidental impacts. Type of Impact Amount Approved` Amount Approved (units) `(units) Permanent Temporary Wetland 0.001 (acres) 1A,003 '(acres), One No Carolina atmra!!ry North,Carolina.Division `of Water Resources 1628 Mail Service Center Raleigh, NC,27699 -1628 Phone (919) 791=420Q Internet www nckaterguahty org Location '3800 Bafeett'Dnve� 'Raleigh; NC 27609 Fak '(919) 78 &7159 An Equal OpportunitylAffirmative 'Action Employer -,50% Recycledl,10 %Post- Consumer Paper Smith & Sanford Creeks Greenway DWR #13 -0832 401 AND BUFFER APPROVAL Page 2 of'5 Site 1 Wetland 0 (acres) - 0.002, (acres) Site 5 Wetland 0 (acres) 0.002 (acres) Site' 6 Wetland 0.048 (acres) 0.031 (acres) Site 7 Wetland 0 (acres) 0.001 (acres) Site, 10 Wetland 0 (acres) '0.02 (acres) Site 11 Wetland 0.017 (acres) 0.007 (acres) Site 13 Wetland 0.061 (acres) 0.019 (acres) Site 15 Wetland 0.053, (acres) 0.005 (acres) Site, 16 Wetland 0.032 (acres) 0.013 (acres) Site 17 Wetland 0:017 (acres) 0.017 (acres) Site 19 Wetland 0.003 (acres) 0.012 (acres) Site 20 Wetland 0:005 (acres) 0.014 (acres) Site 21 Wetland 0.077 (acres) 0.037 (acres) Site 22 Wetland 0:007 (acres) - 0.023 (acres) Site 23 Wetland 0.001 (acres) 0.002 (acres) Site 31 Stream 14 (linear feet) 20 '(linear feet) Site 1 'Stream 0 (linear feet) 100 (linear feet) Site 2 Buffers — Zone 1 3,602 (squareleet) 9,028 (square feet), Smith Creek Buffers — Zone 2 9,339 (square feet) 6,963 (square feet) Smith Creek Buffers — Zone 1 1,281 (square feet) 10,613 (square feet) Sanford Creek Smith & Sanford Creeks Greenway DWR #13 -0832 401 AND BUFFER APPROVAL Page 3 of 5 Buffers — Zone 2 6,335 (square feet) 5,956 (square feet) Sanford Creek 2. Diffuse Flow All stormwater'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. If this is not possible,'it may be necessary-to provide an engineered level spreader or stormwater facilities to remove nitrogen and phosphorus prior to discharge. If deemed necessary, these facilities will require additional approval from the Division of Water Quality. 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. 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. 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are, incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If,the property is sold, the new owner must be given ,a copy of this approval letter and General Certification and is responsible for complying with all conditions. 6. This approval and its conditions,are final, and binding unless contested. - This Certification and Buffer Authorization 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 (hereby known as'OAH). A petition form maybe obtained from the OAH at'http: / /www:nco6h.com/ or by' calling the OAH Clerk's Office at (919) 431 -3000 for`information. Within sixty (60) calendar days of receipt of this notice,,a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along 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). Smith& Sanford Greeks Greenvvay DWR' #13 -0832 401,AND,BUFFERAPPROVAL Page 4, of '5 The petition may be faxed ;to the OAH' at (919) 431 - 3100 „provided the original and °one copy of the, petition alongwith any applicable OAH filing fee is received by the OAH,within fivej5) business days following the faxed transmission. Mailing address for the,,OAH; If sending by First Class' Mail via =the US,Postal Service: Office of'Administrative Hearings 6,714 Mail Service Center Raleigh; NC,27699 -6714 If sendingIvia delivery serv_rce (e.g. ,UP.S,, FedEx): Office of Administrative Hearings 1711 New Hope Church' Road Raleigh, NC 27.609 -6285 Orie,(1)'-copy °of the petition must also be served to� DENR: Lacy Presiiell „G'eneral Counsel Department of Environment and Natural Resources 1,601 Mail Service Center .Raleigh,, NC 27699 -1601 PI'ease,send one (1) copy of the petition to DWR: !f sending by'First'CIass'Mail via the OS Postal, Service: Karen Higgins NC DENR:DWR— Websca,pe Unit 1650 Mail Service Center Raleigh, NC 27699 =1650 Ff•sending via delivery_ .service (e.g. UPS,,FedEx): Karen Higgins NC DENR =DWR — Webscape Unit 512.N., Salisbury Street ,Raleigh, NC,27604 This letter completes the review of the Division under section 401 of the Clean Water,Act and the Neuse Riparian Buffer'Rules as described i'n 15A NCAC 026 .02-33. Please contact Cherri Smith at 919= 791- 4251,or, cherri.smith' @ncdenr.gov &you haveany questions or concerns. V anny ly, S ith, Supervisor Surface Water,Protection — Ralei'gh'Regional'Office En'closures:, GG3886' Smith & Sanford Creeks,Greenway DW R' ftl3 -0832 401 AND BU_ FFER APPROVAL Page 5 of'5 cc: U.S.,Army Corps oflEngineers;'Raleigh Regulatory -Field Office; 3331'Heritage Trade Drive, 5t. "105; `Wake,Foeest,.NC 27597 Todd, St. John; KimleY- Horn an'd Associates; 3001 Weston Par-kway; Cary;;NC,275;1.3 t n