20070275 Ver 1_Approval Letter_20070322

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 22, 2007
Myrick Construction Company of Raleigh
Attn: Mr. William Myrick
2732 Hodge Road
Knightdale, NC 27545
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 2007-0275
Wake County
Subject Property: 9001 Horton Mill Drive, Lot 14 in the St. Mathews Township, NC
UT to Beaverdam Creek [030402, 27-29, C, NSW]
After-the-Fact Approval of 401 Water Quality Certification and Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Myrick:
You have our after-the-fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 40 linear feet of perennial stream and 1,018 square feet (ft2) of
Zone 2 protected riparian buffers for the purpose of constructing a driveway and 317 square feet (ftZ) of
clearing Zone 1 protected riparian buffers at the subject property, as described within your after-the-fact
application dated January 31, 2007 and received by the N.C. Division of Water Quality (DWQ) on
February 14, 2007 with additional information received by DWQ on February 23, 2007. After reviewing.
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued
by the US Army Corps of Engineers (USAGE). 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
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 or CAMA Permit.
This approval is for the purpose and design that you described in yhur application. If you change your
project, you must notify us and you may be required to send us a new application. 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. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear 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
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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 are approved including
incidental impacts: N°0e Carolina
~tura!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

William Myrick
Page 2 of 3
March 22, 2007
Amount Approved
(Units) Plan Location or
Reference Compensatory
Miti ation re uired
Perennial Stream 40 (linear feet) Pa e 4 of the PCN
Zone 1 Buffers 317 s uare ft. Plan sheet dated 1/8/07 476 (s uare ft.)
Zone 2 Buffers 1,018 (s uare ft.) Page 7 of the PCN
2. Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 476 square feet as required
under this buffer authorization and 15A NCAC 2B .0233. The DWQ has determined that your plantings
will satisfy the mitigation requirement. In order to mitigate for all of the Zone 1 and Zone 2
unauthorized clearing of the protected riparian buffers, you must plant 4 native trees and ensure the 4
trees survival for a period of at least five (5) years. You are required to replace any of these trees that
die within this five (5) year period. You are required to provide proof in writing that the trees have
survived after one year of the date of this letter. The proof of plantings shall be submitted to Amy
Chapman of the Wetlands/401 Unit and copied to Mike Horan of the Raleigh Regional Office. If this
mitigation is not acceptable or practicable, then you may choose to make a payment in to the Riparian
Buffer Restoration Fund to compensate for 476 square feet of mitigation as allowed under 15A NCAC
02B .0233. If you choose to make this payment, please contact the Wetlands/401 Unit at 919-733-1786
for additional information.
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. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. Deed Notifications -~
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
6. Certificate of Completion
Upon 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.
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

William Myrick
Page 3 of 3
March 22, 2007
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 do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 NCA 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Amy Chapman at 919-733-1~.
~~ ~
Alan W. Klimek, P.E.
AW Klcbklasc
Enclosures: GC 3404
Certificate of Completion
cc: Steve Mitchell; 1813 Lancaster Drive; Garner, NC 27529
Jamie Shern, USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 0702759001 HortonMillDriveLot 14(Wake~01_NBR