20181035 Ver 1_Approval Letter_20180913

�"W " P i
R
Water Resources
ENVIRONMENTAL QUALITY
September 13, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interinl,Director
DWR #18-1035
Wake County
Town of Cary
Attn: Billy Lee
P.O. Box 8005
Cary, NC 27512=6005
Subject: AFTER -THE -FACT PPROVAL 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
Blanche Drive Interceptor Streambank Stabilization
Dear Mr. Lee:
You have our approval for the .impacts listed below for the purpose described in your ,
application received by the Division of Water Resources (Division) on July 25, 2018 with
payment received on July 31, 2.018. These impacts are covered by the attached Water Quality
General Certification Number 4134 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S.
dill I'; 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
II `I',iI ...
II1' 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)1
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units) _
Temporary
Stream .
-Si-stabilization-rip rap
40 (linear feet)
0 (linear feet)
Buffers — Zone 1
B1-5tabilization
400 (square feet)
0 (linear feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, SIC 27699-162,8' Phone: [phone]
Location: . 3800 Barrett Drive, Raleigh, NIC 27609 Fax: [phone]

Blanche Drive Interceptor Streambank Stabilization
DWR #18-1035
401 AND BUFFER APPROVAL
Page 2 of 4
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the'protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3.. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification., any violation of stream or wetland standards:[15A NCAC 0213 :0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer.
rules [15A NCAC 026..0200]. Information shall be, provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also b.e provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and:its causes; the period' of noncompliance,
including exact dates and times, if the noncompliance has not.b.een corrected, the
anticipated time compliance is expected to continue; and steps taken' or planned to reduce;
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
4. 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;, i'nstallati'on, operation, and maintenance of
sediment and erosion control Best Managemehf,'Vractices, shall be performed so that no
,!
violations of state water quality standards',' tatutes, or rules'occur. [15A NCAC 02H .0501
and .0502]
5. Protective Fencing :!
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this autho'rizati'on '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 pro'n'to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC,iD M .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]-
6. ' 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)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Blanche Drive Interceptor Streambank Stabilization
DWR #18-1035
401 AND BUFFER APPROVAL
Page 3 of 4
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 (919) 43173000 for
information.
Within, sixty (60) 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).
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
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
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'DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR —.401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Blanche Drive Interceptor Streambank Stabilization
DWR #18-1035
401 AND BUFFER APPROVAL
Page 4 of 4
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 Stephanie
Goss at 919-791-4256 or st�jghanie.goss@ncdenr. ov if you have any questions or concerns.
Sin�erel ,
Danny Smit,F�
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit