20090136 Ver 6_Approval Letter_20140710

r NCDENR
.North Carolina Departrnent of ,EnVironrne,nt and Natural Resources
Pat McCrory,
Governor
July 10, 2014
Town of Wake Forest
Attn: Candace Davis,
301,5:'Brooks St.
Wake Forest, NC 27587
John E. SWrla, III
Secretary
D1NR # 09- 0136v6
Wake County
Subject: APPROVAL OF,401_WATER, +QUALITY CERTIFICATION WITH'.ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE,'PER THE- NEUSE,RIVER BASIN RIPARIAN BUFFER
- PROTECTION RULES (15A NCAC, '019.0233) WITH ADDITIONAL CONDITIONS
Dunn Creek Greenway,
Dear Ms. Davis:
You have our,approvalfor,the impacts listed below for the• purpose described in your application
dated June 23, 2014 and received by the Division of Water Resources (Division) on June 25,; 2014.
These impacts are, covered by the attached Water Quality General Certification iNurnb,er 3,886,and'
the conditions listed below. This certification is associated with the use of.Nationwide Permit
'Number 144once,it is,issued'to you by the U.S..Arrny Corps of Engineers. 'Please note that you
should get,any other federal; state orlocal permits before proceeding with your project; including
those;requi.red�by (but not limited to) Sedimentand Erosion Control, Non,- Discharge,-and Water
S'up "ply Watershed regulations-. This 401�Certification ,and'Authorization'Certificate for'DWR { #,09=
0936 v6 dated July 10, 2014 does not replace any previous versions of the-401 Certification and
Authorization Certificate for DWR; #09 -0136.
This approval requires you.to`follow the cond,iti'ons,listed'in,the enclosed certification and the
follow'in&ad "ditional conditions:
The following impacts are hereby approved provided that all of th'e,other, specific `and general
conditions of the Certification, General' Perrh- it,and %or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
NorthCarol
at M1,
North Carohha'Dlvislon of Water Resources 1628Nad, &rvice Center ;Raleigh „NQ27699 - 1'628• ,Phone, (919)'791,,4200” Customer Service
Internet www ricwaterquality org Location ,3800 Barrett Drive Raleigh, NC ,27609 Fax [phone]'59 1- 877 - 623 =6748
An Equal OppoRunitylAf iirmative °Action Employer —50% Recycled 110 %Tost•consumer Paper

Dunn Creek:Greenway
'D W R #' 09= 0136x6
401 AND, BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
'(units)'
Permanent,
Amount Approved
(units)
'Temporary
Wetland
0 (acres)
0.02 ('acres)
Stream
0 (linear'feet)
44 (linear feet),
Buffers — Zone 1
10,187 (square.feet)
0 (square feet)
Site 1
Buffers —Zone 2
12,805 (square feet)
0 (square feet,)
Site 1
Buffers -Zone 1
3;834 (square feet)
0 (square feet,)
Site 2
Buffers; —Zone 2
9;,516, (square feet)
0 ;(square feet),
Site 2
'2. Diffuse Flow
All stormwater;shall be directed and maintained as diffuse flow,at non - erosive °velocities
through the - protected stream buff, .ees such that it will` not re- concentrate ,b'efore discharging
into a stream.
No Waste, Spoil, Solids,,, or Fill•ofAny Kind
No waste, spoil;,solids, or fill of any -kind shall occur,in°wetl_ands, waters, or riparian, areas
beyond the footprint�of the impacts depicted inth'e Pre- Construction Notification:, All
construction activities, including the design, installation, operation, and m'ain,tenance,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 Fencink
The-outside- 'buffer, wetland or,water boundary, and along the construction corridor,,within
these boundaries approved under °this authorization shall becleady, 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
compliance with 15 NCAC 02H .0500.
S: This,approval' is for the purpose and ,design described in your application. The, plans and,
specifications for this project are' incor ,,poeated,by�teference.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 new,application package with the, appropriate,fee., If t_he property is sold;

Dunn Creek Greenway
DWR #,09'0136v&
401 AND BUFFER APPROVAL
Page 3 &4
,the, hew owner must be,given a copy of,this,approval letter and General Certification and is
responsible for compl,ying,with all.conditioris. _
6. Thi"sapproval and its conditions - are,final,and bindi "ng unless contested.
This Certification and Ruffer 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,obtainedfrom th-e, OAH
at http:Hwww.ncoaih,.com/ or by calling the OAH, Clerk's Office; at (919) 431 -3000 for information.
Within, thirty (30) calendar days of receipt of this' notice,, a,petition must be'filed with�the.,`OAH. A
petition is considered filed when the�original andone (1) �copy along °with.any app'licab`le OAH filing
fee "is receivedin the,OAH during normal office hours (Monday through Friday between &00am
,arid.5:00pm, exclbdiing official state holidays),..
The,petitidn may be,faxed to the OAH at (919) 431- 3100;, provided the original an'd onye copy °of "the
petition al'on'g 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 A_dmin`istrati.ve Hearings
6714 Mail,Seryice Center
Raleigh,_NC 27699 =6714
Ifsendingvia delivery service
(e.g. UPS,,FedEx):
Office of Administrative• Hearings
1711 New Hope Church Road
,Raleigh, NC 2,7609 -6285
On,e (1) copy of the petition must -also be,se,rved to DENR:,
Lacy,Presnell; "General Counsel
D"e,partment of Environmentand Natural Resources
1601 Mail Service Center
Raleigh; NC'27699 =1601
,,Please send one (1),copy,ofthe'petition to DWR',
If sending, by �F, irst Class, Mail
;via the US Posta`LService:
Karen Higgins
NC DENRAMR— Webscape•Unit
1617 Mail Service Center
If sending -via delivery service
(e.g. UPS, FedE)o'
Karen Higgins
NC DENR-DWR - -Webscape, Unit
512 N. Salisbury Street

Bunn Creek�Greenway
DW O 09 =013M
401ANDWHER APPROVAL
Page 4 of 4
-Raleigh, NC,27699 -1617 Raleigh, NC 27604
This fetter completes the,,review of',the Division underrsecti'on 401 of'th-e Clean' WaterAct and We
Neese Riparian Buff&AL les as,described in 15A NCAC 0213'.0233 . Please contact Cherri;S'mith at�
919491g42151 or cherri. smith @ncdenr.gomJf you have any questions or concerns.
j'' 16,- Sincerely;
1
1i
an
�Dny'S,
Supeevlsor „, Wat&'CQuality Regional Operafions Section
Enclosure: GC 3886°
,cc” U.S. Array °Corps�of Engineers; _Raleigh Regulatory Field Office;, 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597- -
E`d'Hajnos;,Ecdlo&al "Engineering; 115;1 SE Cary Parkway, Ste -101; Cary, NCI Z,7518,
;DWR,RRQti401 Files
a