20081817 Ver 2_Approval Letter_20120224

Ni ®E R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakdd P E
Governor Director
February 24 2012
Tracey Stephenson
Town of Fuquay Vartna
401 Old Honeycutt Road
Fuquay Vartna NC 27526
Re Town of Fuquay Varma Southwest Judd Parkway Extension Wake County
DWQ #20081817 Ver 2 USACE Action ID No SAW 2011 02004
Ut to Kenneth Creek [030607 18 16 1 (1) CJ
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madam
Attached hereto is a copy of Certification No 3881 issued to Tracey Stephenson and the Town of
Fuquay Vartna dated February 24 2012 In addition you should get any other federal state or local
permits before you go ahead with your project including (but not limited to) Solid Waste Sediment and
Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
C W/kah /ym
Attachments Certificate of Completion
Dee Freeman
Secretary
SinC 1 956
(4 Charles Wakild P E
cc Becky Fox EPA 1307 Firefly Road Whittier NC 28789
USACE Raleigh Regulatory Field Office
Lauren Witherspoon DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Chad Evenhouse Kimley Horn and Associates Inc 3001 Weston Parkway Cary NC 27513
File Copy
Filename 081817Ver2SouthwsetJuddParkwayExt (Wake)401_IC
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Tracey Stephenson and the Town of Fuquay Varina
Page 2 of 5
February 24 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Qualitv (DWQ)
Regulations in 15 NCAC 2H Section 0500 to Mr Tracey Stephenson and the Town of Fuquay Varma
who have permission to fill or otherwise impact 127 acres of 404 /wetland (0 97 acres permanent impact
and 0 29 acres temporary impact) and 245 linear feet of perennial stream to construct a roadway project on
the property which is located near the current terminus of Judd Parkway and Hunters Ridge Road to the
current proposed terminus at NC Highway 42 in Wake County North Carolina pursuant to an application
dated May 26 2011 and received by the DWQ on June 2 2011 with additional information received on
November 2 2011 and January 6 2012 and by Public Notice issued by the USACE on November 2 2011
and received by the DWQ on November 2 2011
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice If the protect is changed prior to notification a new application for a new Certification is
required If the property is sold the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification Any new owner
must notify the Division and request the Certification be issued in their name Should wetland or stream
fill be requested in the future additional compensatory mitigation may be required as described in 15A
NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in writing and
a new application for 401 Certification may be required For this approval to be valid compliance with
the conditions listed below is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts to
wetlands streams and/or buffers are approved including incidental impacts
Type of Wetland
Amount Approved Units
Plan Location or Reference
404 /Wetlands — riparian
127 [(acres) 0 97 acres of permanent
Application and Public Notice
impact and 0 29 acres of temporary
impact]
Stream perennial
245 (linear feet )
Application and Public Notice

Tracey Stephenson and the Town of Fuquay Varina
Page 3 of 5
February 24 2012
Sediment and Erosion Control
2 Erosion and sediment control practices must be in full compliance with all specifications
go% ern rg the proper design installation and operation and mail erance of such Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed
operated and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
c Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
s
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 404/401 Permit Application 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
4 Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division if placement of sediment and erosion control devices in wetlands and
waters is unavoidable design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks
adjacent to or upstream and down stream of the above structures All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project
5 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
Continuing Compliance
Tracey Stephenson and the Town of Fuquay Varina shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated or that further conditions are necessary to assure compliance the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the
Certification the Division shall notify Tracey Stephenson and the Town of Fuquay Varina and
the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H 0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or
revised conditions shall be provided to Tracey Stephenson and the Town of Fuquay Varina in
writing shall be provided to the United States Army Corps of Engineers for reference in any

Tracey Stephenson and the Town of °uquay Vanna
Page 4 of 5
February 24 2012
Permit issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of
the 404 Permit for the protect
Mitigation
7 Compensatory Mitigation Using the Great Dismal Swamp Restoration Bank LLC
Mitigation must be provided for the proposed impacts as specified in the table below We
understand that you wish to make a payment to the Great Dismal Swamp Restoration Bank LLC
to meet this mitigation requirement This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement Until the Great D smal Swamp Restoration Bank
LLC receives and clears your check no impacts specified in this Authorization Certificate shall
occur The Great Dismal Swamp Restoration Bank LLC should be contacted at [phone]
if you have any questions concerning payment into a restoration fund
F-Tvveof Wetland
Compensatory Mitigation Re cared
River and Sub basin Number
Stream perennial
245 (linear feet)
Cape Fear /03030004
8 Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit If your protect is covered by this
permit [applicable to construction projects that disturb one (1) or more acres] full compliance
with permit conditions including the sedimentation control plan self monitoring record keeping
and reporting requirements are required A copy of this permit and monitoring report forms may
be found at h1W / /portal nedenr org/c /document library/gelfile'uuid= d15e7ee8 cb50 443f
9dcf 049b001337ac &groupld =38364
Re opener Clause
Tracey Stephenson and the Town of Fuquay Varma and its authorized agents shall conduct its
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law Tracey Stephenson and the Town of Fuquay Varna
shall require its contractors (and/or agents) to comply with all of the terms of this Certification
and shall provide each of its contractors (and/or agents) a copy of this Certification A copy of this
Certification shall be included in the construction contract and available on the job site at all times
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated or that further conditions
are necessary to assure compliance DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance
with 15A NCAC 02H 0507(d) Before modifying the certification DWQ shall notify Tracey
Stephenson and the Town of Fuquay Varina and the US Army Corps of Engineers provide
public notice in accordance with 15A NCAC 02H 0503 and provide opportunity for public hearing
in accordance with 15A NCAC 02H 0504 Any new or revised conditions shall be provided to
Tracey Stephenson and the Town of Fuquay Varma in writing shall be provided to the United
States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the
Clean Water Act and shall also become conditions of the 404 Permit for the project

Tracey Stephenson and the Town of Fuquay Varina
Page 5 of 5
February 24 2012
10 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffe Rules and ary ,i.bsegaert modifications the applicant is required to return *he attached
certificate of completion to the Wetlands Butters Stormwater Compliance and Permitting Unit
(WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC
27699 1650
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit
If this Certification is unacceptable to you you have the right to an adludicatory hearing upon written
request within sixty (60) days following receipt of this Certification This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification Unless
such demands are made this Certification shall be final and binding
i
This the 24`h day of Februa 2 12
DIVI N OF AT ITY
T ( Charles Wakild P E
3881
C W /kah/ym

A �
MC® NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Mr Tracey Stephenson and the Town of Fuquay Varina who have
permission to fill or otherwise impact 127 acres of 404 /wetland (0 97 acres permanent impact and 0 29 acres
temporary impact) and 245 linear feet of perennial stream to construct a roadway project on the property which is
located near the current terminus of Judd Parkway and Hunters Ridge Road to the current proposed terminus at NC
Highway 42 in Wake County North Carolina All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name
Southwest Jud Parkway Extension
DWQ PROJECT#
20081817 Ver 2
LOCATION
Fuquay Varina
COUNTY
Wake
BASIN/ SUB BASiN
Cape Fear /03030004
As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the
above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state
Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R 0503(b)
Impacts
I Mitigation
245 Linear Feet of Stream
1245 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2110503 If you choose this option please sign this form and
mall the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH N C 27699 1652
[phone]
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