20051360 Ver 3_Approval Letter_20070226

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 26, 2007
Mr. Russ Overton
Town of Cary -Engineering Department
P.O. Box 8005
Cary, NC 27512-8005
Re: Town of Cary Morrisville Parkway Extension - PhIc, PhII, PhIIId, Wake County
DWQ #20051360, Ver.3; USACE Action ID. No. SAW-2006-20573-292
APPROVAL of 401 Water Quality Certification, Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233), Isolated Wetlands Permit (IWGP100000), with
Additional Conditions
Dear Mr. Overton:
Attached hereto is a copy of Certification No. 3619 issued to Mr. Russ Overton and Town of Cary, dated
February 26, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 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) 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.
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lan W. Klimek, P.E.
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
IWGP 100000
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Mike Horan, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Charles Benton, URS Corporation, 1600 Perimeter Park Drive, Suite 400, Morrisville, NC 27560-8421
Filename: 051360V er3MorrisvilleParkwayExtPhIcP6IIPhIIId(W ake)401_NBR_I W_IC
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: httg://h2o.enr.state.nc.uslncwetlands
N °ehCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Russ Overton and Town of Cary
Page 2 of 5
February 26, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION, AUTHORIZATION
CERTIFICATE PER THE NEUSE RIVER BUFFER PROTECTION RULES (15A NCAC 2B
.0233), AND ISOLATED WETLANDS PERMIT (IWGP100000)
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 2H, Section .0500 to Mr. Russ Overton and Town of Cary, to fill or
otherwise permanently impact 0.91 acres of 404/wetland, 0.24 acres of non jurisdictional isolated wetland,
and 250 linear feet of perennial stream, and temporarily impact 0.43 acres of 404/wetland, 0.08 acres of
non jurisdictional isolated wetland, and 441inear feet of perennial stream, and permanently impact 14,280
square feet of Zone 1 Neuse River basin protected riparian buffers and 7,592 square feet of Zone 2 Neuse
River basin protected riparian buffers, and temporarily impact 9,689 square feet of Zone 1 Neuse River
basin protected riparian buffers and 5,857 square feet of Zone 2 Neuse River basin protected riparian
buffers, to construct the proposed Town of Cary -Morrisville Parkway Extension -roadway segments
Phase Ic, Phase II, and Phase IIId, which is between Davis Drive and NC Highway 55, in Cary, Wake
County, North Carolina, pursuant to an application dated December 5, 2006 and received by the DWQ on
December 14, 2006, with additional information received by the DWQ on December 28, 2006, January 18,
2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 29`x' day of December of
2006 (received by DWQ on December 29, 2006).
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 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 Approval:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Approval are met. No other impacts are approved including incidental impacts:
Amount A roved (Units Plan Location or Reference
404/Wetland 0.91 (acres A lication and PN
404/Wetland 0.43 (acres) tem ora im act A lication and PN
Isolated Wetland 0.24 (acres A lication and PN
Isolated Wetland 0.08 (acres) tem orar im act A lication and PN
Stream - erennial 250 (linear feet) A lication and PN
Stream - erennial 44 (linear feet tem ora im act A lication and PN
Buffer -Zone 1 14,280 (s uare ft.) A lication and PN

Mr. Russ Overton and Town of Cary
Page 3 of 5
February 26, 2007
Buffer - Zone 2 7,592 (s uare ft.) A lication and PN
Buffer - Zone 1 9,689 (s uare ft.) tem ora im act A lication and PN
Buffer - Zone 2 5,857 (s uare ft.) tem ora im act A lication and PN
Sediment and Erosion Control:
2. 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. 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.
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 404/401Permit 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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources 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 to ensure
compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Russ Overton and Town of Cary 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 Approval to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Approval,
the Division shall notify Mr. Russ Overton and Town of Cary, and the US Army Corps of
Engineers, provide public notice in accordance with 1 SA NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised

Mr. Russ Overton and Town of Cary
Page 4 of 5
February 26, 2007
conditions shall be provided to Mr. Russ Overton and Town of Cary 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;
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
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 DWQ 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 [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Com ensator Miti ation Re uired River and Sub-basin Number
Combined 404 and Isolated
Wetland 1.15 (acres) Neuse/03020201
Stream 250 (linear feet Neuse/03020201
Neuse River Basin buffer Zone 1 41,523 (s uare feet Neuse/03020201
Neuse River Basin buffer Zone 2 14,530 (s uare feet Neuse/03020201
Diffuse Flow:
8. Diffuse Flow
All constructed stormwater conveyance outlets shall 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 as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
9. 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 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 httn.'//h2o. enr.state. nc. us/su/Forms_Documents. htm. ;

Mr. Russ Overton and Town of Cary
Page 5 of 5
February 26, 2007
10. Certificate of Completion
Upon completion of all work approved within this Approval, 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.
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 LAMA Permit.
If this Approval is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Approval. 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 Approval, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Approval. Unless such demands are made,
this Approval shall be final and binding.
This the 26a'rda of F ary 2007
D ION F A UALITY
Alan W. Klimek, P.E.
3619
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p~o~ W A T ~9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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. Russ Overton and Town of Cary, to fill or otherwise permanently impact
0.91 acres of 404/wetland, 0.24 acres of non jurisdictional isolated wetland, and 250 linear feet of perennial stream, and
temporarily impact 0.43 acres of 404/wetland, 0.08 acres of non jurisdictional isolated wetland, and 44 linear feet of
perennial stream, and permanently impact 14,280 square feet of Zone 1 Neuse River basin protected riparian buffers and
7,592 square feet of Zone 2 Neuse River basin protected riparian buffers, and temporarily impact 9,689 square feet of
Zone 1 Neuse River basin protected riparian buffers and 5,857 square feet of Zone 2 Neuse River basin protected riparian
buffers, to construct the proposed Town of Cary -Morrisville Parkway Extension -roadway segments Phase Ic, Phase II,
and Phase IIId, which is between Davis Drive and NC Highway 55, in Cary, 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
DWQ PROJECT #: 20051360, Ver. 3
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 mitigatle 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).
Im acts Miti ation
Combined-404 and Isolated Wetland 1.15 Acres
250 Linear feet of Stream 250 Linear feet of Stream
13,841 S uare Feet of Zone 1 Buffer 41,523 S uare Feet of Zone 1 Buffer
9,687 S uare Feet of Zone 2 Buffer 14,530 S uare Feet of Zone 2 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: 051360Ver3 MorrisvilleParkwayExtPhIcPhIIPhIItd(Wake~01 _NBR_IW_IC_EEP
None Carolina
401 Oversight/Express Review Permitting Unit ~EllCR~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper