20180817 Ver 1_Approval Letter _20180912

ROY COOPER
Gov""Or
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
interim Director
Town of Cary
ATTN: Billy Lee
PO Box 8005
Cary, NC 27512-8005
NORTH CAROLINA
Environmental Quality
September 12, 2018
D W R q 18-0815
Wake County
Subject: AFTER -THE -FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER
BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH
ADDITIONAL CONDITIONS
Speight Branch Sewer Repair/Streambank Stabilization
Dear Mr. Lee:
You have our approval for the impacts listed below for the purpose described in your application dated
June 15, 2018, received by the Division of Water Resources (Division) June 15, 2018 with additional
information received on August 30, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4134 and the Neuse River Basin Riparian Buffer Rules and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 13 once it has
been 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(s) or 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 Certification are met. No other impacts are approved, including incidental
impacts:
North
Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000

Speight Branch Sewer Repair/Streambank Stabilization
DWR Project #20180817
Page 2 of 3
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1— Bank Stabilization
95 (linear feet)
0 (linear feet)
S2— Bank Stabilization
47 (linear feet)
0 (linear feet)
Buffers —Zone 1
Bl- Construction Access
2,147 (square feet)
0 (square feet)
B2 — Construction Access
208 (square feet)
0 (square feet)
Buffers — Zone 2
0 (square feet)
0 (square feet)
2. Monitorin¢
Visual monitoring of the restoration project shall be conducted at a minimum of quarterly for
the first year or two bankfull events (whichever is longer), and then annually until the site is
stable (particularly after storm events) and vegetation is successful. Any failure of structures,
stream banks, or vegetation may require future repairs or replacement, which requires
coordination with the Raleigh Regional office to ensure the stability and water quality of the
stream and downstream waters. [35A NCAC 02H .0506 (b)(2) and (b)(3)]
3. Please be aware that impacting streams and the Neuse riparian buffer without first securing the
issuance of a 401 Water Quality Certification and Buffer Authorization is a violation of Title 15A
NCAC 02H .0500. Pursuant to G.S. 143-251.6A, these violations and any further violations may
be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. [15A
NCAC 02H .0500]
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. 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(s)/Permit/Authorization and is responsible for complying with all conditions. 115A
NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
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. 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:OOam and S:OOpm, excluding official state holidays).

Speight Branch Sewer Repair/Streambank Stabilization
DWR Project #20180817
Page 3 of 3
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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse
River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-3631 or
Pau l.WoioskiCcDncdenr.Rov or me at [e-mail] if you have any questions or concerns.
Sincerely,
itvo
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Eric Kulz, Town of Cary (via email)
DWR 401 & Buffer Permitting Branch file
File Name: 180817SpeightBranchSewerRepairStreambankStabilization(Wake)_401 GC NRB