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Home My WebLink About20080640 Ver 2_Approval Letter_20121114November 14, 2012 Mr. Tim Bailey Town of Cary 316 North Academy Street Cary, NC 27513 DWQ # 08 -0640 v2 Wake County Re: APPROVAL of 401 Water Quality Certification with Additional Conditions - Modification Town of Cary Morrisville Parkway Extension — Phase III USAGE Action ID No. SAW- 2008 -00373 UT to Panther Creek [030605, 16- 41- 1 -17 -3, WSIV, NSW] Dear Mr. Bailey: Attached hereto is a copy of Certification No. 3737 issued to the Town of Cary, dated November 14, 2012. This Certification replaces the Certification issued on March 18, 2009 and November 9, 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) NPDES Stormwater Permit (including NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge and Water Supply Watershed regulations. You can contest this Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Town of Cary Page 2 of 7 November 14, 2012 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Unless such a petition is filed as described above, this Certification shall be final and binding. If we can be of further assistance, please contact Karen Higgins at W karen.higgins�enr. oy or 919 - 807 -6360. Sincerely, harles Wakild, P.E. CW /kah Attachments: Certificate of Completion NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District DWQ Raleigh Regional Office Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 File Copy Filename: 080640v2MorrisvilleParkwayExtPhlll (Wake)401_IC_MOD.docx Town of Cary Page 3 of 7 November 14, 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS PERMIT AUTHORIZATION 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 Quality (DWQ) Regulations in 15 NCAC 02H .0500 to the Town of Cary, to fill or otherwise permanently impact 0.72 acres of 404 wetland and 3,233 linear feet of perennial stream to construct the proposed Town of Cary - Morrisville Parkway Extension — roadway segment Phase 111, which is located between NC Highway 55 and SR 1625, Green Level to Durham Road at SR 1600, Green Level Church Road, near Cary, Wake County, North Carolina, pursuant to an application dated January 25, 2008 and received by the DWQ on January 30, 2008, and by Public Notice by the U.S. Army Corps of Engineers issued on the 15th day of February of 2008 (received by DWQ on February 15, 2008) and the modification request received on June 19, 2012 with additional information received November 8, 2012. 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 only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Approval is required. If the property is sold, the new owner must be given a copy of the Approval and Approval letter and is thereby responsible for complying with all conditions of this Approval. Any new owner must notify the Division and request the Approval 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 02H .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. Conditions of Approval: 1. Impacts Approved The following impacts are hereby approved as long as all of the other conditions of this Certification are met. No other impacts are approved including incidental impacts: Town of Cary Page 4 of 7 November 14, 2012 Type of Impact Amount Approved (Units) Stage Figure No. Impact No. Stream - perennial 365 (linear feet) 1A SC -1 1A 404 Wetland 91 (square feet) 1B 404 Wetland 153 (square feet) 1C Stream - perennial 366 (linear feet) SC -2 2A 404 Wetland 2,617 (square feet) 2B 404 Wetland 4,538 (square feet) 2C Stream - perennial 241 (linear feet) 1B SC -3 - Stream - perennial 361 (linear feet) SC -4 - Stream - perennial 310 (linear feet) SC -5 - Stream - perennial 206 (linear feet) SC -6 - 404 Wetland 4,356 (square feet) WC -1 - Stream - perennial 0 (linear feet) 2 SC -1 - Stream - perennial 0 (linear feet) SC -2 - Stream - perennial 546 (linear feet) SC -3 - Stream - perennial 84 (linear feet) SC -4 - Stream - perennial 50 (linear feet) SC -5 - Stream - perennial 60 (linear feet) SC -6 - Stream - perennial 508 (linear feet) SC -7 - Stream - perennial 136 (linear feet) SC -8 - 404 Wetland 2,178 (square feet) WC -1 - 404 Wetland 9,583 (square feet) WC -2 - 404 Wetland 1,307 (square feet) WC -3 - 404 Wetland 871 (square feet) WC -4 - 404 Wetland 871 (square feet) WC -5 - 404 Wetland 2,614 (square feet) WC -6 - 404 Wetland 2,000 (square feet) WC -7 - Stream - perennial 3,233 (linear feet) Total 404 Wetland 31,179 (square feet) = 0.72 (acres) Total 2. Standard Erosion and Sediment Control Practices 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 and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: Town of Cary Page 5 of 7 November 14, 2012 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. b. Sufficient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds. 3. 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, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 4. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream 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 (DLR) or locally delegated program has released the specific area within 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; 6. Continuing Compliance The Town of Cary shall conduct construction and mining 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 Town of Cary Page 6 of 7 November 14, 2012 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 02H .0507(d). Before modifying the Certification, the Division shall notify the Town of Cary and the U.S. 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 the Town of Cary in writing, shall be provided to the U. S. 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. 7. Compensatory Mitigation 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 Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the Division to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716 -1921 if you have any questions concerning payment into a restoration fund. We understand the mitigation requirement will be phased by the EEP as three phases (Stage 1A, Stage 1B and Stage 2) as follows: Stage 1A — 731 linear feet Stage 16 (part 1) — 516 linear feet Stage 1B (part 2) — 712 linear feet Stage 2 —1,274 linear feet Please note, the impacts authorized in this Certification, per phase, may not occur until the mitigation payment to EEP has been made and accepted. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub -basin Number Stream (perennial) 3,233 (linear feet) Cape Fear /03030002 8. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the Town of Cary Page 7 of 7 November 14, 2012 erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at htt ortai.ncdenr.or webfw� wslsu /n2dessw #tab -w . 9. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: htt ortal.ncdenr.org/webLw g/sw ws 401 certsaDd ermits apply /forms). 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. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This the 14th day of November 2012 DIVISION OF WATER QUALITY �la� 4� Charles Wakild, P.E. 3737 CW /kah