20080640 Ver 2_Approval Letter_20121109

November 9, 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
USACE 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
9, 2012. This Certification replaces the Certification issued on March 18, 2009. 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 8:00am and 5:00pm, 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 9, 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 karen.hns�cdenrov or
919 - 807 -6360.
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 9, 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
III, 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 9, 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)
113
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 9, 2012
a. 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.
c. 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 0413 .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 9, 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 1B (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 /03030003
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 9, 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
http: / /portal . ncdenr.or /web /wq /ws /su /npdessw #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:
http: / /portal.ncdenr.org[ web wq�swp /ws /401 /certsandpermits /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 91h day of November 2012