20140141 Ver 1_Approval Letter_20140224

AC DENR.
North Carolina, Department of Environment and Natural Resources
Division of Water Resources
WaterQuality Programs
'Pat, McCrory Thomas A. Reeder.
Governor Director
February 24, 2014
Town of Cary — Parks, Recreation,
and Cultural Resources
.Attn: Paul Kuhn
316 North Academy5treet
Cary,, NC,27512
Johns E: Skvarla; III
Secretary
DWR #'147'0141-
Wake County
Subject; AUTHORIZATION CERTIFICATE PER THE NEUSE ,RIVER BASIN RIPARIAN BUFFER PROTECTION
RULES (15`A NCAC 0213.0233) WITH ADDITIONAL CONDITIONS
Town o'f,Cary — Bayoak G,reenway
Dear Mr,. Kuhn:
You have our approval forthe; impacts listed below for the,, purpose described.in your-'application; dated
February 2, 2014 and received by the,pivision of Water Resources (Division) on February'10, 2014, Please
note that you should get any other federal, state,or local permits before proceed ing`With your project,
including,those;required by (but not,limited to) sedim'eiit -,and Erosion Control, Non- Di'scharge,,,and Water
supply Watershed regulations: This Authorization Certificate.shall expire five (5)'years from the,date of this
letter, I
This approval requires you-to comply,with the foliowing,conditions:
1. The following impacts. are °hereby approved provi'd'ed that a'll of ,the other specific and, general conditions of
the Buffer Rules are met. No.other impacts are approved,;including incidental impacts.
`Type of4mpact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary,
Buffers — Zone 1
1,551 (square,feet)
0 (square feet)
Buffers = Zone 2
782 �(square' feet)
0 (square feet).
Noe Caroliria
- - _ �turally
North Carolina Division of,Water Resources 1628 Mail Service Center Raleigh, NC 2.7699-162&1 Phone [phone],
Internet; wuwv rimaterguality org Location 380613arrett,DPive, Raleigh; NC '27609 Fax [phone]
An Equal.Opporiuni ylAffnnabw Action,Employer- 50 %lRecycleddl0 6/o,PosfConsumer Paper

Town of Cary =1Bayoak,G(eenway'
DWR# 14 -0141
BUFFER.APPROVAL
Page 2 of 3
2. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow-at non - erosive Velocitiesrthrough the
,protected riparian, bufferssuch that it'will not. re- co_ hcehtrdte- before,'discharging'into surface waters.
3. `No Waste, Spoil, Solids, or Fill of Any Kind'
No waste, spoil,•solids, or fill of any kind shall occur in wetlari_ds,`waters,, or riparian areas beyond the
footprint of the' impacts depicted in the Pre- Construction�'Notification. All construction activities, including
the design, in 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'Fe'ncirtg
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 visibilitymateirial) for the areas thafhave been ,approved, to infringe within the buffer, wetland
or,'water prior to any land disturbing,activities to ensure compliance,with 15 NCAC 02H .0500.
S. This approval is for thepurpose'and design described in your application. The plans and specifications for
this project are incorporated by reference as, part,of'the `Buffer Authoritation. IfIyou change your project,
you must notify.tl a bivisicn, and you maybe reguired,to subrmit,a new application package with the
appropriate fee,. Ifthe property,is.sold, the new owner must be�giyen a copy of this approval letter and'is
responsible,for complying with all conditions.
6.. This approval and•its conditions are final and binding unless contested.
This BufferAuthorization can be contested as provided'in Articles 3 and 4 ofFGeneral Statute 150B by filing a
written petition for an administrative,hearing to,the'O'ffice of Administrative Hearings (hereby known as OAH).
A petition form may be obtained from the -OAH at'httO * / /WWW.hcoah.com/ or by calling the'OAH ,Cler'k's Office
at (919) 431 -3000 for information.
Within,ihirty (30) calendar days of receipt of this notice,,)a petition must be filed.vv`ith the OAH. A petition is _
wrisi'dered'filed when the, original and one'O copy alongmith any appjicable OAH'filing,fee� is received in the
`OAH during normal office'hours,(M'onday1tk6ugh Fridayfbetween 8.00am and 5.600 i, excluding official state
�Kolidays).
The petition may, be,faxed to the OAH, at (919)' 431-3100; provided th,e or"iginaland one•copy of the petition
along'with, any applicable OAH (filing fee is received bythe,OAH within five (5) business days following the
faxed transmission..
Mailing addresslor the OAH:
If sending by First Class.Mail ff sending via delivery service
via the US Postal - Service: (e.g. UPS, FedEz):

Town of Cary — Bayoak Greenway
DWR# 14 -0141
BUFFER APPROVAL
Page 3 of ,3
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
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
Please send one. (1) copy of'the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -.DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 4650
If 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, ofthe Division under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0233. Please.contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any
questions or concerns.
Since ly,
/ l
Danny Smith
'Supervisor, Water- Quality Regional Operations Section
cc: DWR RRO 401 files
Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713
i