20101035 Ver 1_Approval Letter_20110121

Beverly Eaves Perdue
Governor
January 21, 2011
Mr. Tim Bailey
Cary, NC 27513 APW
Town of Cary
P.O. Box 8005
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Wake County
DWQ EXP#: 10-1035
Subject Property: UT to Swift Creek Stream Restoration - Phase I Repairs and Phase H
UT to Swift Creek [030402,27-43-(1), WS-III, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Bailey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.06 acres of 404 jurisdictional wetland (including 0.04 acres of permanent
impact and 0.02 acres of temporary impact, 256 linear feet of intermittent stream (including 99 linear feet
of permanent impact and 157 linear feet of temporary impact), 3,990 linear feet of perennial stream
(temporary impact), 38,584 ft2 of Zone 1 and 51,988 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the proposed stream restoration, repairs, and greenway expansion, as described
within your Pre-construction Notification Application dated January 6, 2011 and received by DWQ on
January 18, 2011 with additional information received on January 20, 2010. The impacts are covered by:
General Water Quality Certification Numbers 3689 (GC3689) and 3820 (GC3820) which allows you to
use Nationwide Permit NW27 and NW14, respectively, when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non-discharge regulations. 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
Permit.
This approval is for the purpose and design that you described in your PCN application (January 6, 2011).
If you change your project, you must notify us and you may be required to send us a new application. If
the property (or a lot on the property) is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached Water Quality Certifications (GC3689), (GC3820), and
any additional conditions listed below.
The Additional Conditions of the Certification are:
1. ' Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
NorthCarolina
Nawrally
An Equal Opportunity 1 Affirmative Action Employer
Town of Cary
Page 2 of 5
January 21, 2011
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved (Units) Plan Location or Reference
404/Wetland 0.04 (acres) - permanent January 6, 2011 Wetland Impacts Table
404/Wetland 0.02 (acres) - temporary January 6, 2011 Wetland Impacts Table
Stream (intermittent) 99 (linear feet) - permanent January 6, 2011 Stream Impacts Table
Stream (intermittent) 157 (linear feet) - temporary January 6, 2011 Stream Impacts Table
Stream (perennial) 3,990 (linear feet) - temporary January 6, 2011 Stream Impacts Table
Riparian buffer (Zone 1) 38,584 (square feet) January 6, 2011 Buffer Impacts Table
Riparian buffer (Zone 2) 51,988 (square feet) January 6, 2011 Buffer Impacts Table
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 and authorized by this
approval letter. 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.
3. No Sediment and Erosion Control Measures in Wetlands and Waters
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.
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. 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. 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.
5. 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
Town of Cary
Page 3 of 5
January 21, 2011
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 project 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 http: Ah2o. enr. state. nc. us/su/Forms Documents. htm.
6. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high density
development) must be maintained adjacent to all perennial waters except for allowances as
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through .0215].
7. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
8. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
Neuse River basin Buffer Rule 15A NCAC 2B.0233(5).
In an effort to comply with the diffuse flow provisions of the Buffer Rule, you have provided the
DWQ with thirteen (13) stormwater pocket wetlands. The DWQ believes that, if implemented as
per the January 7, 2011 plans, the diffuse flow requirement will be achieved. At no time shall
stormwater from other areas of the proposed development be piped directly through the buffer
without prior DWQ written authorization.
9. Stream Restoration
You have our approval for your proposed final stream enhancement/restoration plan received on
January 6, 2011. The stream restoration/enhancement must be constructed, maintained, and
monitored according to the plans approved by this Office. Any repairs or adjustments to the site
must be made according to the approved plans or must receive written approval from this Office
to make the repairs or adjustments.
10. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 2,478 square feet of impacts to Zone 1 and 2,044 square feet of
impacts to Zone 2 of the protected riparian buffers is 10,499 square feet as required under this
buffer authorization and 15A NCAC 2B .0233. We understand that you wish to make a payment
into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be
a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 213 .0233,
this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this variance authorization shall occur.
Ms. Kelly Williams should be contacted at [phone] if you have any questions concerning
payment into the EEP.
11. Mitigation Credit
Town of Cary
Page 4 of 5
January 21, 2011
Approval of the restoration plan and issuance of the 401 Water Quality Certification means that
DWQ has determined that the proposed activity will not remove or degrade significant existing
uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval
of credit yield for the project.
Compensatory mitigation for the cumulative permanent stream impacts from both DWQ Project
#2004-0313 (SW Maynard Road Widening and Stream Restoration) and DWQ Project #2010-
1035 shall be deducted from the on-site mitigation plan as discussed in the application. Annual
reports shall be sent to DWQ by January 1 s` of each year for review and approval.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
13. Certificate of Completion
Within thirty (30) days of the completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached 401 Water Quality Certification you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings (OAH). You must file the petition with the office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the
office of Administrative Hearings during normal office hours. The OAH accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Town of Cary
Page 5 of 5
January 21, 2011
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-807-6301.
Sincerely,
Coleen H. Sullins
CHS/ym/lmg
Enclosures: Certificate of Completion
GC 3689
GC 3820
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Jamie Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLQ Raleigh Regional Office
Melissa Ruiz, Stantec Consulting Services, Inc., 801 Jones Franklin Rd, Ste 300, Raleigh, NC
27606
File: 10-1035UTSwiftCrkStreamRestorationPhI&II(Wake)401+NBRAuth14 27.doc
FKWA
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins 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 02H.1300, Mr. Tim Bailey of the Town of Cary, is authorized to fill or otherwise
impact 0.06 acres of 404 jurisdictional wetland (including 0.04 acres of permanent impact and 0.02 acres of
temporary impact, 256 linear feet of intermittent stream (including 99 linear feet of permanent impact and 157 linear
feet of temporary impact), 3,990 linear feet of perennial stream (temporary impact), 38,584 ft2 of Zone 1 and 51,988
ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed stream restoration,
repairs, and greenway expansion, which is located 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
NC EEP NAME UT to Swift Creek Stream Restoration - Phase II
DWQ PROJECT 2010-1035
LOCATION: Cary
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
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).
Neuse 03020201 Impacts Neuse 03020201 Mitigation
2,478 Square Feet Zone 1 Buffer 7,435 Square Feet Buffer
2,044 Square Feet Zone 2 Buffer 3,064 Square Feet Buffer
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 2R.0503. If you choose this option, please sign this form and
mail 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]
Filename: 10-1035UTSwiftCreekStreamRestorationPhI&II(Wake)401+NBRAuthEEP.doc
401 Oversight/Express Review Permitting Unit One L,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NOrthCarohna
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604 Phone: [phone] FAX: [phone] NaturullY
Internet: http:/Iportal.ncdenr.org/web/Wq/swp/ws/401
An Equal Opportunity \ Affirmative Action Employer )