20131258 Ver 1_Approval Letter_20131210

NCDENR,
North. Carolina Department of Environment and Natural Resources
_Division of Water Resources,
Water Quality Programs
Pat, McCrory Thomas A. Reeder
Governor " Director
December, 10, 2013
Town of Cary
Attn: Tim Bailey
P.O. Box 8005
Cary,, NC 27512 -8005 -
John E. Skvarla°, III
Secretary
DWR # 13 --1258
Wake County
9
Subject:, APPROVAL'OFr401 WATER QUALITY CERTIFICATION WITH�ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE, PER THE NEUSE RIVER BASIN' RIPARIAN BUFFER;
PROTECTION RULES,(15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Franklin Heights Water and Sewer, Extension Project
Dear Mr. Bailey:
You have our approval for the`impacts listed below, for the purpose described,in your'application dated
November,14, 2013 and received by the Division of'Water Resources (Division) on December 4, 2013. These
,impacts are covered'by th6attached'Water Quality General Certification „Number`3894,and the conditions
listed below. This ;certifit-ation'is,associated withahe use,of,Nationwid'e Permit Number 12 once it,is issued to
you by the. U.S. Army Corps of E'ngineers.` Please note that,yo`u should get,an,y otherfed'eral; 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:
1. 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
'0 (linear feet)
23 (linear feet)
Xurally one Carolina
North Carolina Division of Water Resources 1628.Mad Service Center Raleigh, NC-27699 =1628 Phone,(919) 791 -4200
Internet www ncwaterguality org Location `3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper -

Franklin Heights Water and Sewer
DWR #1.3 -1258
401 AND - BUFFER APPROVAL,
Page 2 of 3
Buffers — Zone.1,
0 (square feet)
1,368 (square feet)
Buffers— Zone 2, '
0 ,(square feet)
970, (square4eet)
2. No Waste, Spoil,,•Solids,,6r- Fill, ofAny Kind
1\1'0 Waste; spoil,fsoIid's,,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. ,AII construction activities, including
the design, installation;, opeJration;,and maintenancelof sediment and erosion control Best Management
Practices; shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
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 complianceLwith 15,.NCAC 02H .0500.
4. 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 ;., Ifryou
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.
5. 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 may be obtained from the OAH at http: / /Www.ncciah: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 OOpm,
excluding official state holidays).
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 OAR filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
if sending by First Class Mail if sendmg'via delivery service
via the US Postal Service: - (e.g.-UPS, FedEx)'

Franklin Heights Water and Sewer
:DWR #1�3 -14258
401,AND BUFFER APPROVAL
Page 3 of3'
Office,ofAdrninistratiue .Hearings " Office ,of,Administrative�Hearings
67i4 Mai[Service�Ceriter '1711 New '-Hope Church Road'
Raleigh,. NC-27699 -6714 Raleigh, NC27609 =6285
. t
One (a1) copy, of the petition�rnust -also,be >served•Io OENR:"
Lacy Presnell, General`CounseF
Odpartrrient of Enuironrnem and 'Natura_I Resources,
`1601 Mail'Service Center
Raleigh; NC27699,4601
Please—send o,ne,'(1)',copy,of -the petition to DWR:
'If sending by First lass `Mail Ipsending via deliveyservice
,via'the US Postal Service: (e:g. UPS` F, e4Ez)'
.Karen Higgins Karen Higgins
'NC' DENR -DWR,— Websca`rm Uriit NC DENR =DWR — Webscape °U.nit
,1,650 Mail Service Center 5,12 'N. ;Salisbury Street
' Raleigh, NC 27699 - 1650 Raleigh, NC 27604
This let'tercompletes the review of�the�Diuision under section 401�of�the bean, Water Act and.the Neuse
Riparian, Buffer Rules as described` in 1SA N -AC,026 :0233. Please�corita'ct Chertl "S -riith at'919= 791= 425'1•or
therri.sfriith @ricde,nr.Aov if you have any questions or;concerns:
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PC;
nc rely,
Daring Smi Sugp `&visor
Water, Qu lity RegionahOperations•Section
Enclosure's:' I C 3884
cc: U.S:,Arrny Corps.of. Engi'n °eers Raleigh Regulatory Field Office; 33.31_ Heritage;Trade ,Drive, St. ,105;
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Wake Forest, NC27597'
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