20101035 Ver 1_More Info Received_20040428

AUK, 8 '70109 U.S. ARMY CORPS OFENGINEERS CAF%PY
Wilmington District
Action ID: 200320636/200420872/200420873 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
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Property Authorized J,AI A
Owner- Town of C
Attn: Tom Ellis
Address 318 North Academy Street
Cary NC 27513
Telephone Number 919-469-4333
Agent Stantec Consulting Services, Inc.
Attn: Scott Boyles
Address 80l Jones Franklin Road Suite 300
. • Raleigh NC 27606
Telephone Number 919-851-6866
Size and Location of Property (waterbody, Highway name/number, town, etc.): The site for the
proposed Maynard Road widening and stream restoration project is approximately 41 acres in size and
located along and north of SW Maynard Road (SR 1415) approximately 1750 feet east of its intersection
with Chatham Street (SR 1011) and 300 feet west of Pamlico Drive in Cary, Wake County, North
Carolina.
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Description of Activity: This permit authorizes mechanical landclearing, placement of fill, excavation,
placement of box culverts, placement of a temporary diversion, channel and pipe for temporary
dewatering, stream channel relocation, and stream channel restoration, which includes placement of in-
stream structures and bank stabilization, to widen SW Maynard Road and restore 1767 linear feet of
stream channel north of the road. Permanent impacts to waters authorized by this permit under Action ID
(AID) # 200320636 are 0.106 acre, which includes 133 linear feet _of stream channel and 0.06 acre of
wetlands. Temporary impacts to waters authorized by this permit under AID # 200420873 are 100 linear
feet for dewatering, 216 linear feet for relocation of the stream channel for the road widening (AID #
200420872), and 1551 linear feet for restoration of an unnamed tributary to Swift Creek (AID
#200420872), which is a tributary of the Neuse River in the Neuse.?River Basin. See attached Special
Conditions, which require 349 linear of stream restoration, to be. satisfied by the proposed stream
restoration with 1418 linear feet of stream restoration mitigation credits remaining upon release of the
restoration project.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
14/27/33 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other .required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Jennifer A. Burdette at telephone number_ (919) 876 - 8441 extension 22
/Regulatory Project Manager Signature Q• ?uu?aG?
Expiration Date April 16 2006
Date April 16 2004*
?
' SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
* Please note that above date reflects the day the work was authorized due'to lapse of 45-day review as outlined in
the PCN notification requirements - see Condition 13, 67 Fed.Reg. 2090 (January 15, 2002).

Action ID: 200320636/200420872/200420873 County: Wake
SPECIAL PERMIT CONDITIONS
1. Permittee shall mitigate for 349 linear feet of unavoidable stream channel impacts
associated-with this project by restoring 349 linear feet of stream channel on-site
as described by the submitted mitigation proposal. This proposal specifies that
1767 linear feet of stream channel will be restored with 1418 linear feet of stream
restoration mitigation credits remaining upon release of the restoration project.
Regional Conditions
For all NWPs that involve construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms. For
all culvert construction activities, the dimension, pattern, and profile of the stream,
(above and below a pipe or culvert), should not be modified by widening the stream
channel or by reducing the depth of the stream. Culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in diameter.
Recommended by the North Carolina Wildlife Resources Commission:
i
1. Permittee shall install in-stream silt curtain weighted at the bottom, and stringent
bank erosion control. If tree removal is required, stumps and roots should remain
intact for bank stabilization.
2. Permittee shall initiate in-stream construction activities only during low flow
conditions that allow for the effective deployment of the silt curtain.
3. Permittee shall install silt fences and temporary check dams at all wetland and
stream crossings to be removed following completion of the activity and proper
stabilization of disturbed soils within the work area.
4. Permittee shall seed wetland areas with wetland seed mixture only. Species
selection shall be subject to Corps approval.
U` , Iy0 William G. Ross Jr.; Secretary: North Carolina Department of Environment and Natural Resources
5: T_
: Alan-W, klimek
O .? Director-
Division of Water Quality;' '
May 2, 2004
Wake County
S?rT DWQ Project #: 04-0313
Project Name: `:: SW `..` .;
Maynard Rd. ;: . ,..
Widening ad
Stream Restoration, : .
APPROVAL OF 401 QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS AND NEUSE RIVER BUFFER RULES
Mr. Tom Ellis
Engineering Department
Town of Cary
318 North Academy Street
Cary, NC 27512-8005
Dear Mr. Ellis:
You have our approval, in accordance with the attached conditions and those listed below, to impact 449..
linear feet of streams (133 feet of culvert installation, 100 feet of temporary impact and 216 feet of stream
relocation) and 0.22 acre of stream buffers for widening SW Maynard Road located from SR •1011 to SR .1:300. ;
along with the associated stream mitigation, as you described in your application dated February 18, 200+,`.-,....
(received March 3, 2004). After reviewing your application, we have decided that this fill is covered by, `.
General Water Quality Certification Numbers 3404, 3399 and 3366. These certifications allow you to use
Nationwide 'Permit Numbers -14, 27 and 33 when -the U.S. Army Corps of Engineers issues them. This approval
is also valid for the Neuse River Buffer rules (15A NCAC 2B .0233).
In addition, you should get any other federal, state or local permits before you go ahead with your project. `
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water `'
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Water Quality. Certification.
This approval is only valid for the purpose and design that you described in your application except. as
modified below. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise'`
provided in the General Certification. For this approval to be valid, you must follow the conditions listed in thc' .
attached certification and any special or site-specific conditions listed below.
SPECIAL CONDITIONS:
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands arid. .
waters or areas within 50 feet of all streams and ponds to notify the state iif order to assure compliance for
future wetland, buffer and/or water impact. These mechanisms shall be put in place within 30 days .of the.": .
date of this letter or the issuance of the 404 Permit (whichever is later).
2. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate. of.
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed:
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit :of the
Division of Water Quality.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
3. If you change your project, you must notify us in writing and you may be required to send us a new
application.
4. If 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.
5. If total wetland fills for this project (now or in the future) exceed one acre or additional stream impacts
exceed 150 linear feet, then compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h) (6) and (7).
SITE-SPECIFIC CONDITIONS:
6. An additional condition is that stormwater shall be directed to flow as shown in the stormwater plan for
this project that accompanied the application to DWQ. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly .approved by the Division of Water Quality.
Also, before the road is opened to the public, the facilities (as approved by the Wetland/401 Unit of
DWQ) shall be constructed and operational, and the stormwater mariagement plan (as approved by the
Wetland/401 Unit of DWQ) shall be implemented. The structural stormwater practices as approved by the
Wetland/401 Unit of DWQ as well as drainage patterns must be maintained in perpetuity. No changes to
the structural stormwater practices shall be made without written authorization from the Division of
Water Quality. . .
7. Compensatory Mitigation -Compensatory mitigation for the culverting for this project shall be deducted
from the on-site mitigation plan as discussed in the. application. Annual reports shall be'sent to DWQ by
April ? of each year for review and written approval.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing. "
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786 or Steve Mitchell at our Raleigh
Regional Office at 571-4700.
Attachments:
General Water Quality Certification
Certificate of Completion
cc: Jennifer Burdette, US Army Corps of Engineers Raleigh Field Office
Steve Mitchell, Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Scott Boyles; Stantec Consulting Services, 801 Jones Franklin Street, Suite 300, Raleigh, NC 27606