20061203 Ver 9_Approval Letter_20130318

KNEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Chuck Wakild, P.E.
Governor Director
March 18, 2013
Western Wake Regional Wastewater Management Facilities Project Partners
Attn: Mr. Steve Brown
Town of Cary
420 James Jackson Avenue
Cary, NC 27513
Re: Western Wake Regional Wastewater Management Facilities, Wake County
DWQ #2006 -1203, Ver. 9: USACE Action ID No. 200620159
APPROVAL of 401 Water Quality Certification — MODIFICATION
Dear Mr. Brown:
John E. Skvada, III
Secretary
Attached hereto is a copy of Certification No. 3 83 3, issued to the Western Wake Regional Wastewater
Management Facilities Project Partner, dated March 18, 2013. This Certification replaces the
Certification issued on June 18, 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) 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.
Attachments: Certificate of Completion
cc:
Sincerely,
Chuck Wakild, P.E.
Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Henry Wicker, Wilmington District, U.S. Army Corps of Engineers
DWQ Raleigh Regional Office
Chris Belk, P.E., Hazen and Sawyer, 4011 WestChase Blvd, Suite 500, Raleigh NC 270607
Melba McGee, Office of Legislative Affairs
File Copy
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 - 807 -63001 FAX, 919 -807 -6494
Internet- http : / /portal.nodenrorg/webtwgAivs r
An Equal Opportunity 1 Affirmative Action Employer

Western Wake Regional Wastewater Management Facilities Project Partners
Page 2 of 4
March 18, 2013
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION 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 Western Wake Regional Wastewater Management Facilities
Project Partners to fill or otherwise impact 3.77 acres of jurisdictional wetlands (0.82 acres permanent
impact and 2.95 acres temporary impact) and 2,286 linear feet of streams (408 linear feet permanent impact
and 1,878 linear feet temporary impact) in the Cape Fear River Basin, associated with the construction of
the Western Wake Regional Wastewater Management Facilities in Wake County, North Carolina, pursuant
to Public Notices by the U.S, Army Corps of Engineers on December 18, 2009, and February 9, 2010, as
well as an application submitted on the 3`d day of May, 2010, and in additional correspondence received
June 17, 2010, September 28, 2011, May 8, 2012, May 21, 2012, and May 25, 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 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 Certification is
required. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification 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 21-1.0506 (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. Compliance with the conditions listed below is
required.
Conditions of Certification:
1. 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:
Type of Impact
Amount Approved nits
Plan Location or Reference
404/Wetland
3.77 [(acres) 0.82 acres
Previously approved
permanent impact and 2.95
acres temporary impact]
Stream
2,286 [(linear feet) 408 linear
Previously approved and
feet permanent impact and
modification request for additional
1,918 linear feet temporary
40 linear feet of temporary impact
impact]

Western Wake Regional Wastewater Management Facilities Project Partners
Page 3 of 4
March 18, 2013
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
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. 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 should not be placed in wetlands or waters without approval
by the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in
a manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream 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 or locally delegated program has released the project.
Continuing Compliance:
5. Western Wake Regional Wastewater Management Facilities Project Partners, 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 Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Western Wake
Regional Wastewater Management Facilities Project Partners and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Western Wake Regional Wastewater Management Facilities
Project Partners 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;

Western Wake Regional Wastewater Management Facilities Project Partners
Page 4 of 4
March 18, 2013
Other Conditions
6. Pesticides (including insecticides and herbicides) shall not be used for maintenance right -of -way
within 100 feet of perennial streams and 50 feet of intermittent streams, or within floodplains and
wetlands associated with these streams.
7. The Division will consider the proposed gravel parking lot as a temporary construction impact that
may be treated with a temporary sediment pond as a part of the sediment - erosion control plan for this
project. When the construction phase is complete, you would be required to remove the gravel and
restore permeability to the soil by disking or ripping the soil surface. Then you would need to specify
a permanent vegetated ground cover with appropriate watering and fertilization requirements.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and fled with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 18th day of March 2013
DIVISION OF WATER QUALITY
Chuck Wakild, P.E.
3833