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HomeMy WebLinkAbout20140155 Ver 1_Approval Letter_20140224NCDENR 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 February 24, 2014 DWR # 14 -0155 Wake County Highwoods Properties Attn: Randy Roberson 3100 Smoketree Court, Ste. 600 Raleigh, NC 27604 AUTHORIZATION CERTIFICATE PER THE, NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES {15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS APPROVAL OF GENERAL PERMIT FOR ISOLATED WATERS IMPACTS WITH ADDITIONAL CONDITIONS Weston Lake Front —Town of Cary Crabtree Creek Greenway Trail Connector Dear Mr. Roberson: You have our approval for the impacts listed below for the purpose described in your application dated February 17, 2014 and received by the Division of Water Resources (Division) on February 17; 2014. These impacts are covered by the attached State General Permit Number IWGP100000 and the conditions listed below. 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 a'pprova'l requires you to follow the conditions listed in the enclosed general permit and the following additional conditions: 1. The following impacts are hereby approved provided -that all of -the other specific and general conditions of the General Permit are.met. No other impacts are approved, including incidental impacts. Type,of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Isolated'stream 78 (linear feet) 0 (linear feet) Impact #5 Buffers —Zone 1 3,595 (square feet) 0 (square feet) Ncij Carolina Naturallry North Carolina Division of Water Resources 1628 Mail'Service Center Raleigh, NC,27699 -1628 Phone.(919) 791 -4200 Internet www ncwaterguality or9 Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919)788 -7159 An Equal Opportunity /Affirmative Action.Employer— 50% Recycled /106/o Post Consumer'Paper Weston Lake Front — Town of Cary Greenway Connector DWR# 14 -0155 ISO_ LATED WATERS'ANDBUFF.ER APPROVAL Page 2 of 4 Impact,. #5 Buffers —Zone 2 1,713 '(square feet) (squarexfeet) Impact #5 __0 2. Sior,mwater Management Plan .(SMP) Approval from, Local Community_ _Required You are required to provide one copy of the approved'SMP, including plan details•on full- siied' plan sheets; or in digital format, with proof ofthe Town of Cary's approval. The,approved SMP shall be submitted to the DWR Webscape Unit(1650 Mail Service Center, Raleigh, NC 27699 -1650) before any-impacts authorized in this certification occur. ,After'it is approved and submitted to the Division, the SMP may not be modified'wiihout prior written authorization from,,the,Town of Cary. If the SMP is modified'in the future, then you shall provide one modified SMP with proof of approval to the DW.R' Webscape, Unit prior to the commencement of the modifications. 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 b�e•performed "so that no violations of state water quality standard's,• statutes, or rules occur. 4. Protective Fencin 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 with'in 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 yin your, application.'The plans and specifications for this project are incorporated by reference as part of the General Permit 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 General,Permit and Buffer' Authorization,and is responsible for complying with' all conditions. 6. This approval and its conditions are final and binding unless contested. This, General Permit and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute I150B by filing a Written petition for an•administrative hearing to the Office &Administrative Hearings (hereby known as OAH). A petition form may be obtained from the,OAH'at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty,(30) calendar days;of receipt,o,f this,notice,,a petition must be filed with the O,AH. 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 Weston Lake Front — Town of Cary Greenway Connector DWR# 14 -0155 ISOLATED WATERS AND BUFFER APPROVAL Page 3 of 4 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 OAH 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 via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road 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 DWR: 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 -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 letter completes the review of the Division for impacts to isolated and other non - jurisdictional wetlands and waters and 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. lam... Sincerely, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: IWGP100000 Weston Lake,Front —Town of °Cary.6reenway Connector.' DW,R #' 14 =0155 ISOLATED WATERS AND, BUFFER.APPROVA'L, Page 4 of 4 cc: Bob.Zariecki;,So'I_[,& Environment4l 'C6nsultants;'8,`412�Falls °of Neuse, Road, Ste:• 104; Raleigh, NC 2761'5 DWR RRQfiles r