20011781 Ver 1_Approval Letter_20020909 (3)

N{ATF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O QT North Carolina Department of Environment and Natural Resources
? Alan W. Klimek, P.E..
0 Director
Division of Water Quality
September 9, 2002
Wake County
DWQ Project #: 01-1781
Project Name:
Tryon Road Ext.
APPROVAL. OF 401 'QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AND NEUSE RIVER
BUFFER RULES AND COMPENSATORY STREAM AND BUFFER MITIGATION THROUGH THE WETLAND
RESTORATION PROGRAM
Mr. Forrest Ball
1027 Hwy 70 West, Suite 106
Garner, NC 27529
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed below, to impact 225
linear feet of streams and 0.52 acre of stream buffers for construction of the Tryon Road Extension project
located west of 1-40 near,SR 2542 (Old Rock Quarry Road), as you 'described in your application dated
December 5, 2001 (received December 5, 2001), placed on hold for,more information on January 25, 2002 and
July 23, 2002 with a final response received August 28, 2002. After 'reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3375. This certification allows
you to use Nationwide Permit Number 14 when the U.S. Army Corpsof Engineers issues it. This approval is
also valid for the Neuse River buffer rules (15A NCAC 2B .0233).
In addition, you should get any other federal, state or local permits before you go ahead with your project
4ncluding (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise "specified in the General Water Quality Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise
provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any special or site-specific conditions listed below.
SPECIAL CONDITIONS:
1. Stormwater shall be directed to flow as diffuse flow at non-erosive velocities across the entire protected
stream buffers. Additional written approval from DWQ is required 'for this purpose.
2. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion Form" to notify DWQ that all the work included in the'AOII Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality.
3. If you change your project, you must notify us in writing and you may be required to send us a new
application.
4. 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.
N. C. Division of. Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
5. If total wetland fills for this project (now or in the future) exceed one acre or stream impacts exceed 150
linear feet, then compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7).
SITE-SPECIFIC CONDITIONS:
1. The location of the Tryon Road Extension shall be relocated about 125 feet downstream so that the road
right of way only impacts one stream channel below the confluence of the two stream channels.
2. We understand that you have decided to contribute to the Wetland Restoration Program in order to
compensate for the impacts to streams and buffers. In accordance with 15A NCAC 219 .0402 and 15A NCAC
2B .0233 (7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h), 15A NCAC 2B .0233(10) and 15A NCAC 2H .0506 (b)(6). Until the Wetland Restoration Program
receives and clears your check (made payable to: DENR -Wetlands Restoration Program), stream impacts
(including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions
concerning the Wetland Restoration Program. You have one month from the date of this Certification to make
this payment. For accounting purposes, this Certification authorizes the fill of 225 feet of perennial streams and
0.52 acres of stream buffers in the Neuse River Basin, cataloging unit 030834 and 225 linear feet of stream
mitigation and 54,000 square feet of buffer mitigation are required. Please be aware that the Wetland
Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot (15A NCAC 219
.0503(b)).
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786 or Steve Mitchell at our Raleigh
Regional Office at 571-4700.
Attachments:
General Water Quality Certification
WRP Notification form
Certificate of Completion
cc: US Army Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Todd St. John
John Hennessy
Sean Clark, Soil and Environmental Consultants
Ron Ferrell, Wetland Restoration Program
Eric Lamb, City of Raleigh
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E.
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
Authorization Certificate and 401 Water Quality Certification
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 213.0233 and 2H.0506(h), Forrest Ball has permission as outlined
below and within the attached authorization certificate to impact streams and buffers for the purpose(s) of
constructing the Tryon Road Extension project. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached authorization certificate. THIS AUTHORIZATION
CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ Project No. 01-1781
APPROVAL DATE: September 9, 2002
LOCATION: Tryon Road Extension from 1-40 to near SR 2542 (Old Rock Quarry Road)
COUNTY: Wake
BASIN/SU BBASI N: 03-08-34
STREAM INDEX NO.: 27-33-17
As required by 15A NCAC 213.0233 and .0506(h) and the conditions of the authorization certificate and
Certification, you are required to compensate for the above impacts through the restoration or
l ancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters
of the state.
225 linear feet of perennial stream impact
54,000 square feet of riparian buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242 and .0506(h). If you
choose this option, please sign this form and mail it to the WRP at the address listed 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 HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE WRP.
Signature Date
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/