20160994 Ver 1_Approval Letter_20161103

PAT MCCRORY
Governor
!WIZ
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Director
November 3, 2016
DWR#16-0994
Durham County
Grove Park Community Association, Inc.
Attn: Hillary Slater
300 Nichols Farm Dr.
Durham, NC 27703
Subject: AFTER-THE-FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
AFTER-THE-FACT AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES(15A NCAC 02B .0233)WITH ADDITIONAL
CONDITIONS
Grove Park Trail
Dear Ms. Slater:
You have our approval for the impacts listed below for the purpose described in your
application dated October 14, 2016 and received by the Division of Water Resources (Division)
on October 17, 2016. These impacts are covered by the attached Water Quality General
Certification Number 3886 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of
Engineers. 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 approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
. general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps •
1628 Mail Service Center,Raleigh,NC 27699-1628 Phone:[phone]
Location: 3800 Barrett Drive,Raleigh,NC 27609 Fax:[phone]

Grove Park Trail
DWR#16-0994
401 AND BUFFER AFTER-THE-FACT APPROVAL
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Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Wetland 0.0008 (acres) 0 (acres)
Impact 1
Wetland 0.003 (acres) 0 (acres)
Impact 2
Wetland 0.002 (acres) 0 (acres)
Impact 3
Wetland 0.0006 (acres) 0 (acres)
Impact 4
Stream 21 (linear feet) 0 (linear feet)
Impact 1
Stream 24 (linear feet) 0 (linear feet)
Impact 2
Stream 24 (linear feet) 0 (linear feet)
Impact 3
Buffers—Zone 1 1,955 (square feet) 0 (square feet)
Impact 1
Buffers—Zone 2 518 (square feet) 0 (square feet)
Impact 1
Buffers—Zone 1 767 (square feet) 0 (square feet)
Impact 2
Buffers—Zone 2 501 (square feet) 0 (square feet)
Impact 2
Buffers—Zone 1 680 (square feet) 0 (square feet)
Impact 3
Buffers—Zone 2 555 (square feet) 0 (square feet)
Impact 3
2. After the Fact Permits •
Please be aware that by having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification required

Grove Park Trail
DWR#16-0994
401 AND BUFFER AFTER-THE-FACT APPROVAL
Page 3 of 5
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and
any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation. [15A NCAC 2H .0500]
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 be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
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 within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. 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 new application package with the appropriate fee. If the property is
sold,the new owner must be given a copy of this approval letter and General Certification
and is responsible-for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer 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 obtained from the
OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone] 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 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 holidays). -

Grove Park Trail
DWR#16-0994
401 AND BUFFER AFTER-THE-FACT APPROVAL
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The petition may be faxed to the OAH at [phone], 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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:
Sam Hayes, 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins •
NC DENR-DWR—401 & Buffer NC DENR-DWR—401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smith at 919-791-4251 or cherri.s h • ncdenr.:ov if you have any questions or concerns.
S. - ely,
44,21 # 11
Danny Smit
Supervisor, Water Quality Regional Operations Section

Grove Park Trail
DWR#16-0994
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Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,.
Ste. 105; Wake Forest, NC 27597
Chris Hopper; Carolina Ecosystems, Inc.; 3040 NC Hwy 42 W; Clayton, NC 27520
Jon Frazer; FLM Engineering; P.O. Box 91727; Raleigh, NC 27675
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit