HomeMy WebLinkAbout20061617 Ver 3_Approval Letter_20080930O?O? W AT ?9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 30, 2008
Mr. Greg Ferguson
Mercury Development
5660 Six Forks Road, Suite 202
Raleigh, NC 27609
Re: Wendell Falls, Wake County
DWQ #20061617, Ver. 3; USACE Action ID No. 2006-20100-292
Marks Creek [030402, 27-38, C, NSW]
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions - MODIFICATION
Dear Mr. Ferguson:
Attached hereto is a copy of Certification No. 3707 issued to Mr. Greg Ferguson and Mercury
Development, dated September 30, 2008. This letter shall also act as your approved Authorization
Certificate for impacts to the Neuse River basin protected riparian buffers per 15A NCAC 2B .0233. This
Certification will replace the Certification issued to you on November 6, 2007. 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.
Since y,
Coleen H. Sullins
CHS/cbk/ym
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
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
Lauren Cobb, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Branch Manager
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncvvetlands
Filename: 061617Ver3WendellFalls(W ake)401_NBR_IC_MOD
Ne
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Ntura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Greg Ferguson and Mercury Development
Page 2 of 2
September 30, 2008
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 Mr. Greg Ferguson and Mercury Development, to fill or
otherwise impact 5.83 acres of 404/wetland (3.28 acres permanent impact, 2.63 acres temporary impact),
3,067 linear feet of perennial stream (2,442 linear feet permanent impacts and 625 linear feet temporary
impacts), 596 linear feet of intermittent stream, 0.16 acres of open water (pond), and 224,770 square feet
Zone 1 of the Neuse River basin protected riparian buffers (permanent impacts), 42,689 square feet Zone 1
of the Neuse River basin protected riparian buffers (temporary impacts) and 140,670 square feet Zone 2 of
the Neuse River basin protected riparian buffers (permanent impacts), 25,700 square feet Zone 2 of the
Neuse River basin protected riparian buffers (temporary impacts), to construct the proposed Wendell Falls
mixed use development, Wendell Falls Parkway and U.S. 64/264 interchange, which is located on the west
side of Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and Poole
Road (SRI 007), in the Town of Wendell, Wake County, North Carolina, pursuant to an application dated
September 26, 2006 and received by the DWQ on October 13, 2006, by Public Notices issued by the U.S.
Army Corps of Engineers on the 13d' day of October of 2006 (received by DWQ on October 13, 2006) and
on the 2°d day of May of 2007 (received by the DWQ on May 3, 2007), and all additional information
received by the DWQ on October 18, 2006, January 25, 2007, February 9, 2007, June 13, 2007, August
16, 2007, September 5, 2007, September 12, 2007, July 9, 2008, July 15, 2008, and September 22,
2008. This Certification shall also act as your approved No Practical Alternatives determination for impacts
to the Neuse River basin protected riparian buffers per 15A NCAC 2B .0233(2).
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
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 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 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 3.28 acres - permanent impact Application and Public Notice
404/Wetland 2.63 (acres) - temporary im act Application and Public Notice
Mr. Greg Ferguson and Mercury Development
Page 3 of 3
September 30, 2008
Stream - perennial 2,442 (linear feet) - permanent Application and Public Notice
Stream - perennial 625 linear feet - temporary Application and Public Notice
Stream - intermittent 596 (linear feet) - permanent Application and Public Notice
Open Water - and 0.16 (acres) Application and Public Notice
Zone 1 Buffers 224,770 (square feet) - permanent Application and Public Notice
Zone 2 Buffers 140,670 (square feet) - permanent Application and Public Notice
Zone 1 Buffers 42,689 (square feet) - temporary Application and Public Notice
Zone 2 Buffers 25,700 (square feet) - temporary Application and Public Notice
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;
6. 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 at the time of recording of the
property, or of individual lots, whichever is appropriate. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwettands.
The text of the sample deed notification may be modified as appropriate to suit to this project.
Mr. Greg Ferguson and Mercury Development
Page 4 of 4
September 30, 2008
7. Construction Stormwater Permit NCGO 10000
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 http: //h2o. enr. state. nc. us/su/Forms Documents. hun.
8. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http://www.ncdot.or /dg oh/operationsBMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes are installed in a perched manner, the pipes
shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert. Therefore, you must provide plans with adequate details that indicate
that the current stability of the stream will be maintained or enhanced. You must receive written
approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must
be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,
to allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that
may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
down stream of the above structures. The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening methods. If
rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the
Division of Water Quality.
Mr. Greg Ferguson and Mercury 1)eveiopment
Page 5 of 5
September 30, 2008
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the
project. Please send photographs upstream and downstream of each culvert site to document
correct installation along with the Certificate of Completion form.
9. 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.
10. The dimension, pattern and profile of the stream above and below the crossing shall not be
modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede
aquatic life passage.
12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval.
13. 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.
14. No rock, sand or other materials shall be dredged from the stream channel except where authorized
by this certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent
to surface waters is prohibited.
16. The permittee and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act) and any other appropriate requirements of State and Federal law. 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.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
18. A copy of this Water Quality Certification shall be maintained on site at the construction site at all
times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall
be maintained with the Division Engineer and the on-site project manager.
19. The issuance of this certification does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e.
local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules,
stormwater management rules, soil erosion and sedimentation control requirements, etc.
Mr. Greg Ferguson and Mercury Development
Page 6 of 6
September 30, 2008
20. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
22. Temporary Wetland Impacts
Due to the possibility that compaction and/or other site alterations might prevent the temporary
wetland impact area from re-attaining jurisdictional wetland status, the permittee shall provide
an annual update on the temporarily impacted wetland areas within the project area. This annual
update will consist of photographs and a brief report on the progress of these temporarily
impacted areas in re-attaining wetland jurisdictional status. Three years after project
completion, the permittee shall schedule an agency field meeting with the NC Division of Water
Quality to determine if the wetland areas temporarily impacted by this project have re-attained
jurisdictional wetland status. If at the end of three years the wetland areas temporarily impacted
by this project have not re-attained jurisdictional wetland status, NC DWQ shall determine if
compensatory wetland mitigation will be required.
Continuing Compliance:
23. Mr. Greg Ferguson and Mercury Development 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 Mr.
Greg Ferguson and Mercury Development, and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 211.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Greg Ferguson and Mercury Development 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 g tom:
24. Compensatory Mitigation Using Existing NCDOT Mitigation and the Ecosystem Enhancement
Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that NCDOT will be transferring 1.09 acres of 404/wetland mitigation credit,
24,757 square feet of Zone 1 buffer mitigation credit and 22,928 square feet of Zone 2 buffer
mitigation credit. We further understand that you wish to make payment to the Wetlands
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet
Mr. Greg rerguson ana mercury lieveiopment
Page 7 of 7
September 30, 2008
the balance of 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 (919)
733-5205 if you have any questions concerning payment into a restoration fund. You have 60
calendar days 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:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 2.19 acres after NCDOT transfer of 1.09 acres Neuse/03020201
Stream - perennial 2,442 (linear feet Neuse/03020201
Buffers - Zone 1 312,207 [(square feet) after 74,271 square feet from
NCDOT mitigation transfer Neuse/03020201
Buffers - Zone 2 105,238 [(square feet) after 22,928 square feet from
NCDOT mitigation transfer Neuse/03020201
25. Written Stormwater Management Plan (SMP): Final Approval and Final Plans Needed For Each
Future Phase
DWQ has approved your stormwater management plan that was received by the DWQ
on July 15, 2008.
For Phase SF-15, Phase 1: the Division of Water Quality has approved the SNIP submitted as a
part of the application package. The approved SMP must be constructed and operational
before any permanent building or other structure is occupied at the site. The approved SMP as
well as drainage patterns must be maintained in perpetuity. If the SMP is modified in the
future, then the modified SMP must be approved by the 401 Oversight/ Express Unit prior to
the commencement of the modifications.
For all future Phases: A final, written stormwater management plan (including a signed and
notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 30 days
of approval of the phased construction drawings. The stormwater management plans shall be
approved in writing by this Office before the impacts specified in this Certification. You have
the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the
plan.
The stormwater management plan must include plans, specifications, and worksheets for
stormwater management facilities that are appropriate for the surface water classification C-
NSW and designed to remove at least 85% TSS according to the most recent published version
of the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project. Also, before any permanent building is
occupied at the subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the stormwater management plan (as approved by this Office) shall be
implemented.
Should the Town of Wendell become an approved Phase II Stormwater community, this
condition and review of the future phases stormwater management plans will be re-evaluated.
Mr. Greg Ferguson and Mercury Development
Page 8 of 8
September 30, 2008
26. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified
within 15A NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs in your application dated
dated September 26, 2006. The DWQ believes that if implemented, as per these plans, diffuse
flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) has not been
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be
taken if necessary to impede the formation of erosion gullies. At no time shall stormwater
from the proposed development be piped directly through the buffer without prior written
authorization by DWQ.
The structural stormwater practices as approved by this Office, as well as drainage patterns,
must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality. Stormwater
easements shall be recorded for a distance of at least 10 feet on each side of all stormwater
conveyances, and on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures,
perform corrective actions as described above and shall provide protection of the structures
from potential alternations by future property owners.
27. 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, Winston-Salem, 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 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 filed 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 30`x' day of Septe er 2008
DIV ON OF W Tk ALITY
Coleen H. Sullins
3707
CHS/cbk/Ym
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, 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, to Mr. Greg Ferguson and Mercury Development, have permission to fill
or otherwise impact 5.83 acres of 404/wetland (3.28 acres permanent impact, 2.63 acres temporary impact), 3,067
linear feet of perennial stream (2,442 linear feet permanent impacts and 625 linear feet temporary impacts), 596
linear feet of intermittent stream, 0.16 acres of open water (pond), and 224,770 square feet Zone 1 of the Neuse
River basin protected riparian buffers (permanent impacts), 42,689 square feet Zone 1 of the Neuse River basin
protected riparian buffers (temporary impacts) and 140,670 square feet Zone 2 of the Neuse River basin protected
riparian buffers (permanent impacts), 25,700 square feet Zone 2 of the Neuse River basin protected riparian buffers
(temporary impacts), to construct the proposed Wendell Falls mixed use development, Wendell Falls Parkway and
US Highway 64/264 interchange, which is located on the west side of Martin Pond Road (SR2503), 2,600 feet
north of the intersection of Martin Pond Road and Poole Road (SRI 007), in the Town of Wendell, 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
NC EEP NAME Wendell Falls
DWQ PROJECT 20061617, Ver. 3
LOCATION: Wendell
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
mitigable 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).
Impacts Mitigation
3.24 Acres of 404/Wetland 2.19 Acres of 404/Wetland (1.09 acres from previous
NCDOT Mitigation*)
2,442 Linear Feet Of Perennial Stream 2,442 Linear Feet Of Perennial Stream
128,826 Square Feet of Zone 1 Buffers 312,207 [(Square Feet) after 74,271 square feet from
NCDOT mitigation transfer *
85,444 Square Feet of Zone 2 Buffers 105,238 [(square feet) after 22,928 square feet from
NCDOT mitigation transfer]*
* Previous NCDOT Mitigation
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
(919) 733-5205
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 (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper