20011781 Ver 1_Approval Letter_20030728

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r Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 28, 2003
Wake County
DWQ Project #: 01-1781
APPROVAL of MODIFIED 401 Water Quality Certification with ADDITIONAL CONDITIONS,
Buffer Mitigation through the Wetlands Restoration Program and Neuse River Buffer Rules
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 I-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 on
August 28, 2001 After reviewing your application, we have decided this fill is covered by General Water Quality
Certification Number 3375. This certification allows you to, use Nationwide Permit Number 14 when the Corps of
Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (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 Permit expires unless otherwise specified in the General
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 additional conditions listed below
Special Conditions of Certification:
1. Stormwater shall be directed to flow as diffuse flow at non-erosive velocities across the entire protected
. stream buffer. Additional written approval from DWQ for this plan is required.
2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of.
Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed.
The responsible parry 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 of this Certification.

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)
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5. If total wetland fills for this project (now or in the future) exceed one acre or additional stream impacts
occur, 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 relocate 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 chosen to contribute'; to the Wetland Restoration Program in order to
compensate for these impacts to stream buffers. In accordance with 15A NCAC 2R .0402, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h).
Until the Wetland Restoration Program receives and clears your check (made payable to: DENR -
Wetland Restoration Program), wetland or stream fill should not occur. Mr. Ron Ferrell should be
contacted at 919-733-5083 ext. 358 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 0.52 acres of riparian buffers and
225 feet of streams, in 030834 river and subbasin and 1.24 acres of buffer mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 I'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.
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Ron Ferrell; Wetland Restoration Program
File copy
Central Files
Sean Clark, Soil and Environmental Consultants
Eric Lamb, City of Raleigh
Margaret Eagles, NC Attorney General's Office
Michael Crowell, Tharrington Smith
P . Director
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NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0233 and 2H.0500, Forrest Ball has permission as outline below
for the purpose(s) of proposed construction of the Tryon Road Extension project. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached
certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
DWQ Project Number: 01-1781
Date of REVISED approval: July 28, 2003
LOCATION Tryon Road Extension from I-40 to near SR 2542 (Old Rock
COUNTY:
BASIN/SUBBASIN
STREAM INDEX No.
Quarry Road in Raleigh)
Wake
03-08-34
27-33-17
As required by 15A NCAC 2B .0233, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters 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 wetland Restoration Programs
must be rounded to one-quarter acre increments according to 15 2R .0503(b):
54,000 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements 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 it to the Wetlands Restoration Fund 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
RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]