20140526 Ver 1_Approval Letter_20140701

V4A-
WDENR
North Carolina`Department,of Environment and Natural Resources,
Pat McCrory
Governor
Ju'I,y 1, X2014
Town ofGarner
Attn: Tony Chalk
9007 th'Avenue
Garner; NC 27529
John °E. Skvarl'a,, III
'Secretary
DWR, #' 14 -0526
Wake County
- Subject:- APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION'CERTIFICATE PER`THE NEUSE "RIVE_R BASIN RIPARIAN BUFFER
PROTECTION RULES (%,-5A NCAC 026,.0233) WITH ADDITIONAL CONDITIONS'
B,uffalo'Road Sidewalk Project
Dear M'r. Chalk-:
You have our, approval for the impacts listed below for, the, purpose,d`escribed,in your application
dated, May, 21, 2014,and received by the.Division.of Water Resources (Division), on ,May, 23,, 2014,
'with additional information received on June. 20;;2014. These ftnpacts are covered by the
attache- dWatee Quality Gen,eral'Certification Number 8890; and the conditions listed ,below.- This,
certification is associated with the use of-Nationwide, Permit Number 18 once it is issued'to, you, by
the U'.S. Army Corp's of•Engineers. Please'note that you "should get any. other',federal, state,or local
permits before'proceeding'with your'projectjncluding those required y•(but not limited to)
.Sediment andI Erosion Control,, Non- Discharge, and Water Supply'Watershed regulations.
This- approval requires you to follow the conditions listed "`ih theiencl'osed certification and the
following,additional conditions: �
1. The fol lowing impacts, Are hereby, approved provided that .all of°the'other specific and.general
conditions of,`the `Certification, Geh&,al' Per`rnit and /or Buffer Rules are Chet: No other,impacts
are approved, incl'udingincidental impacts.,
One Caro]
J_Vatural,
Noi- ftCarof na Division of Water, Resources 1628Mad Service Center Raleigh, NC27699 -1628, Phone (919) °791 =4200 Customer Service
Internet Www ncwaterquahty org Location -,3800 Barrett Drive Raleigh, NC 27609 Fax (919),78 &7139 1 -877- 623 -6748
An EqualOpportunitylAffirmatiye Action Employer — 50% Recycledd10 %i , ds Consumer Paper

Buffalo Road'Sidewalk,Project
DWR# 14 -0526
401 AND BUFFERAPPROVAL
Page 2,of'4
Type o(Impact.
Amount,Approved
(units)
Permanent
Amount:Approved
(units)
Temporary
Stream
19 (linear feet)
11 (linear feet)
Buffers Zone'1
876 ('s_quare feet)
0, (square feet)
Bu "ffer,s—Zone 2
1,35 8 ,(squ4re °feet)
0 ('sguare,feet)
.2. No Waste, Spoil,, Solids, or 'Fill of Any Kind
No waste, spoil, solids,,or'fill,of'any kind shall occur irn wetlands,, waters;or riparian areas
beyond the footprint of the, impacts depicted in , the,Pre- Construction Notification. All
construction ,activities;,including,the design ;,installation;,operaiion,�and maintenance of
sediment and'erosion control Best Management Practices,.s'hall beperformed so that no
violations +of state water quality standards; statutes, or rules occur.
3. Protective Fencing
The outside buffer, wetland or water boundary and a'l`ong�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,,aciivities,to ensure
compliance -with 15NCAC 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: If you change, your project; you must notify,the Division and'you, may be
required to submit a newapplication package with the, appropriate, fee'. If the p rope rty,is sold,
the new owner must be given a copy of this approval letter'and General Gertificat�ion and is
responsible for complying,with all conditions.
5. This approval and its'conditions are final and binding unless'co,ntested.
This Gertification'and'Buff, erAuthorization can be.contested,as provid'ed in .Articles3 and 4,of
General Statute 150B by- filing a'written petition for an,administrative "hearing to the- Office,of
Administrative Hearings (herebyiknown as OAH), A petition form may be,obtained from the, OAH
at; http: % /www.nc,oah,.com /�or,lby calling,the OAH Clerk's Office at `(919)431 -3000 for information.
Within thirty (30) calendar days of receipt,ofthis notice, a petition must be filedwith',fh`e OAH. A
,petition is;considered filed when the original and,one, (1) copy along with any applica'ble,OAH filing,
fee is received in the, OAH during normal office, hours (Monday ,,through Friday between 8 ;00am
and,,5:00pm,,excl'uding official state holidays).

Buffalo 'Road'SidewalkProject
DWR# 14 -0526,
401-AND BUFFER APPROVAL
Page,3 of 4
The petition,,m,a,y 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'withi`n five (5)business:
days followingfhe faxed transm`i"ssion.
Mailing address ;for thee,OAH:
If sendi'ng,by-First,Class Mail
via the US',Postal Service:
Office of Admin`istrativeiHearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e:

BuffalooRoad SidewalkTrgect
DWR9 14-0526
401-AND B - QF-rEk,APPk6VAL
P, age,4 of 4
cc: U.S. Arrny �Corps of Engineers; Rple-igh, Regulatory, Field Office;, 333 i Heritage, Trade
Drive; St. 105; Wake Forest, NC 27597
Lane SaUls; EcologzlLc-al',Eng-lhoering;,1,15'1 SE Cary'Parkway, Ste. -101; Cary, NC 2751$
DWR R-110401 Files