20050150 Ver 3_Staff Comments_20071211

~pF W ATF9Q ~ c~ h „r~~~ Michael F. Easley, Governor
r U~
~~ ~ <- ~ ~ A~ n 7 ~Q~ ~ d ~ William G. Ross Jr., Secretary
~ r- J 11,{. 1l/l North Carolina Department of Environment and Natural Resources
~ r\`~
f , , Coleen H. Sullins, Director
O ~ ~ ~ v~ L~\ Division of Water Quality
Decem~ye~`I 2007 /
DWQ Project # 2005-0150 VersionQ
Wake County
Ms. Stephanie Sudano, P.E., Director of Engineering
Town of Holly Springs
128 South Main Street
Holly Springs, NC 27540 b;~ Q ~',
G'
Subject Property: Green Oaks Parkway (formerly Ballantine Road), ~~
Widening of Segment C, Town of Holly Springs
Ut to Utley Creek, 18-7-5.5, Class C "'
Approval of 401 Water Quality Certification with Additional Conditions ~ ~f ` ~ ~fi ~ ~~
4 f~
~~ ~ ~ ~~ ~~
,,-~ d ( ~~
Dear Ms. Sudano: ~~ ~ ~ ~ ~ ~/
You have our approval, in accordance with the attached conditions and those listed b low, to place fill la ~ '~ ~~~
within or otherwise impact D,?Cl~acres of wetlands andg'5~'feet of streams for the purpose of
widening segment~of the Green Oaks Parkway (formerly known as the a tine Street
Extension) in Holly Springs, as described within your revised appl'ca~or~da~e~ s ~rrd~
Ci ~~ received by the N.C. Division of Water Quality (DWQ) on. 2007. After reviewing your 1v~~23/V /
application, we have decided that the impacts are covered by General Water Quality Certification ~ /mss /~7
Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide Permit(s) 14 when issued
by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with /p~2 y/o-~
any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon exp>tr tion of the 404 or CAMA Permit. This Certification replaces
the one issued October 9, 2006. ~ ~ -/v~ C~/~ ~4, 4. ~~ ~ S S t/Pv~ ~~'
This approval is for the purpose and design that you described in your application. f you cha ge 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 150 linear 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:
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:
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: http://h2o.enr.state.nc.us/ncwetlands
No°C hCarolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Green Oaks Parkway, Segment C
Page 2 of 6
n~ ,~ December , 2007
Segment C
C

b
Amount A roved (Units) Plan Location or Reference
Stream 858 (linear feet), including Streams A~M~nd=9--~.
332 feet of perennial streams
and 526 feet of intermittent ~~ ! 3 ~ ~ ~~

streams, of this total, 122 ~ /
linear feet of impacts are
tem ora
404 Wetlands 6:~0'S(acres) d /
5-~-~P-a.y, ~e~~~;:~^ ~'S a 1~zc~:I~~ ,,vv c~i wL 1M,~4c~f#~
2. Within 60 days of the complete implementation of the r~ets~lan, a Certificate of Completion
must be provided to the Division of Water Quality, Raleigh RegioP 1 Office, as well as a written
report detailing the ~~ efforts as implemented. Note: mplementation must e
accomplished no later than 30 days following issuance of the 404 Permit. /S r /~
3. Restoration monitoring must occur quarterly for a thre ear duration. A written rJJepo^rt~ of the
monitoring efforts must be submitted to the Division annually by June 1 of each year.
4. Written accounts of inspections must include the following information: site stability, whether or not
measures constructed as part of the restoration have failed and whether or not plantings have
survived. The accounts of these inspections must be available to the Division upon request.
5. Monitoring events shall include a determination of whether or not restored stream reaches have been
stabilized. This means that there shall be no rills, sloughing, or erosion of the restored areas. If these
problems do occur they must be documented, including photographs. This information must be
provided to the Division.
6. If monitoring efforts confirm some of the restoration work is unstable or failing, or that planted areas
are dying, the Town of Holly Springs must implement repairs or corrections immediately (within 20
days of observation or written notification by the Division).
7. Each quarterly monitoring event must include digital photographs of each monitoring location, the
date of inspection, and any repairs or corrections.
8. Erosion & 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 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.
~-~

Green Oaks Parkway, Segment C
Page 3 of 6
December 11, 2007
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.
9. 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.
10. 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.
11. 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.
12. The Town of Holly Springs is required to inform any future occupants of the Holly Springs
Business Park that any application fora 401 Water Quality Certification must reference this
mortification by both name and DWQ number in the application so that the Division of Water Quality
may consider the cumulative impacts of all previous projects that have occurred in the Business Park
serviced by the approved road project. addition, the Town of Holly Springs is required to notify all
future park occupants that site specific onsite stormwater controls that are consistent with the North
Carolina Division of Water Quality stormwater best management practices (BMPs) may be required
as part of any 401 Water Quality Certfication. ,
Compensatory Mitigation Using the E osystem Enhancement Program (EEP)
~ ~~
Mitigation must be provided for the proposed impacts as specified in the table
below. Note that this is in addition'1!o the mitigation already performed for the
original 401 Certification issued October 9, 2006. We understand that you wish
to make a payment to the s'~'~ 1Restoration 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 60 days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate

Green Oaks Parkway, Segment C
Page 4 of 6
December 11, 2007
authorizes payment into the ~ ` ( Restoration Fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream ~ feet G ~ >=eG~ rJ ~/ d7
- res ~ -_ __ ~_._
raters - _ - _____--
s
l~~ 1.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
j 2.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
3.) Heary equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
4.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
5.) The presence of equipment in the stream channel is not authorized. Under no circumstances shall rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
_ 6.) All work shall be performed during low or normal flow conditions.
7.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
8.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
~ Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
~`J Engineer and the on-site project manager.
L 9.) Any violations, during the construction of the approved project, of this 401 Water Quality Certification or the
North Carolina State Water Quality Standards as defined in 15A NCAC 2B .0200 Rules, shall be reported
immediately to the North Carolina Division of Water Quality.
13. No Impacts Beyond those in Application
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.
45. The Town of Holly Springs and its authorized agents shall conduct its 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

Green Oaks Parkway, Segment C
Page 5 of 6
December 11, 2007
law. The Town of Holly Springs shall require its contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the
job site at all times. If DWQ 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, DWQ 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, DWQ shall notify The Town of Holly Springs 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 The Town of Holly Springs 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.,,.,.- ~ ~~~
II~
Violations of any condition herein set forth may result in revocation of this Certifccatiop a may%result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts r to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall,expire upon
expiration of the 404 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Danny Smith in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
Coleen H. Sullins, Director
CHSlcbk
Enclosures: GC 3704
Certificate of Completion
cc: USACE Wilmington District Office
USACE Raleigh Regulatory Field Office
Danny Smith, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy

Green Oaks Parkway, Segment C
Page 6 of 6
December 11, 2007
Central Files
Chad Evenhouse, Kimley-Horn and Associates, P.O. Box 33068, Raleigh, NC, 27636-3068
Sean Clark, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Filename: 200501500 (Wake)GreenOaksPazkway401Rev