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
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