20050300 Ver 2_approval ltr_20050912

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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
September 12, 2005
DWQ EXP # 05-0300
Wake County
Cypress Equities, LLC
Attn: John Farrow
15601 Dallas Parkway, Suite 400
Addison, TX 75001
Subject Property: Ruritania Street Extension
UT to Perry Creek [27-25-(1), B NSW, §303(d) list]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions-EXPRESS
REVIETV PROGRAM, - MODIFICATION
Dear Mr. Farrow:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 420 linear feet of streams; 24,072 square feet Zone l; and
16,260 square feet Zone 2 (total of 40,332 ft2) of protected riparian buffers to construct the
infrastructure necessary to support future development at the above-referenced site, as described
within your application dated August 1, 2005 and received by the N.C. Division of Water
Quality (the "Division") on August 1, 2005. After reviewing your application, we have decided
these impacts are covered by General Water Quality Certification Number 3404 (GC3404). This
General Certification allows you to use Nationwide Permit 14 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control and Non-discharge regulations. Finally, 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 Permit. This Certification replaces one issued to you on August 4,
2005 based on your request dated August 29, 2005.
This approval is for the purpose and design that you described in your application. If you change
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 Water Quality Certification and any additional conditions listed
below.
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] / Intemet http://h2o.enr.state.nc.us/ncwetiands
None Carolina
Aatlrra!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Ruritania Street Extension
Page 2 of 5
September 12, 2005
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 are met. No other impacts are approved including
incidental impacts:
Amount Approved
Units Plan Location or Reference
Neuse Buffer Zone 1 24,072 (square feet) Site 1 &2
Neuse Buffer Zone 2 30,056 s uare feet Site 1 &2
Stream 420 linear feet Site 1 &2
2. Compensatory Mitigation (NC EEP)
Under the requirements of this General Certification (GC 3403) and Authorization
Certificate (15A NCAC 2B .0242), you are required to mitigate for impacts to streams and
protected riparian buffers.
The restoration component of your mitigation plan was proposed within your application
materials as described in the table below. We understand that you wish to make a
payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. The attached impact and mitigation summary may be used to make
payment to the EEP. The check should be made payable to: DENR - Ecosystem
Enhancement Program Office. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. For accounting
purposes, the following compensatory mitigation may be requested of the Stream
and Buffer Restoration Funds to meet the conditions of the 404 Permit at the
discretion of the U.S. Army Corps of Engineers:
Credits urchased rom EEP River + Sub-basin No.
Buffer Zone 1 72,216 ft. Neuse 03020201
Buffer Zone 2 24,391 ft. Neuse 03020201
Streams 233 feet* Neuse 03020201
* The proposed amount of mitigation is 211 linear feet for Site 1 and 22 linear feet for Site
Number 2. The NC Division of Water Quality does not require mitigation for Site 2,
however, the Division recognizes this is required by the USACE.
Until the EEP receives and clears your check, no impacts specified in this Water Quality
Certification and Authorization Certificate shall occur.
3. 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