20011689 Ver 1_Approval Letter_20040708

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 Sullins, Deputy Director
Division of Water Quality
July 8, 2004
Dr. Greg Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act and the Neuse River Riparian Rules,
Proposed US 64 Bypass of Knightdale from I-440 (Raleigh Beltline) to existing US 64 near SR 1003,1-440
from 0.83 miles south of US 64 to Poole Road and a portion of the East Wake Expressway from existing US
64 to the proposed US 64 Bypass in Wake County (TIP R-2547).
WQC Project No. 011689
Attached hereto is a modification to Certification No. 3377 issued to the North Carolina Department of
Transportation on April 10, 2002. The attached modification authorizes changes to the project design as
described in your submittal dated June 4, 2004. The modificatiop authorizes a modification to the stormwater
drainage for the project. The only modifications to the design of'the project authorized by this certification are
those submitted in your February 19, 2004. All the authorized activities and conditions of certification
associated with the original Water Quality Certification dated April 10, 2002 and all other corresponding
modifications still apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Si ?ere ,
;Alan W. Klimek, P.E.
Director
Attachments:
Modification to WQC No. 3377
ccc-....Wilmington District Corps of Engineers-.. ...... „ ..,....
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
Danny Smith, NC Division.of Water Quality
File Copy

N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Servire- 1 Ann A9R-77AR
OHO wAT 1R9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
' r Alan W. Klimek, P.E. Director
> Division of Water Quality
Cp Coleen Sullins, Deputy Director
Division of Water Quality
`5
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. Attached hereto is a modification to Certification No. 3377 issued to the North Carolina
Department of Transportation on April 10, 2002. The attached modification authorizes changes to the project design
as described in your submittal dated June 4, 2004. The modification authorizes a modification to the stormwater
drainage for the project. The only modifications to the design of the project authorized by this certification are those
submitted in your February 19, 2004. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated April 10, 2002 and all other corresponding modifications still apply
except where superceded by this certification.
The application provides adequate assurance that the discharge of fill material into the proposed wetlands in
conjunction with the proposed development 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 and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in the
Public Notice. Should your project change, you are required to notify,the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should
obtain all other federal, state or local permits before proceeding with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Construction will be conducted in such a manner as to prevent a significant increase in turbidity outside
the area of construction or construction-related discharge. 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 assure compliance with the appropriate
turbidity water quality standard.
a. The erosion and sediment control measures for the project must equal or exceed the proper design,
installation, operation and maintenance outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual. These 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.
b. For borrow pit sites, the erosion and sediment control measures must equal or exceed the proper
design, installation, operation and maintenance outlined in the most recent version of the North Carolina
Surface Mining Manual. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act.
2. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities;
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
o?0? WAr?9Qc
CO r
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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
Coleen Sullins, Deputy Director
Division of Water Quality
3. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
4. All 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 after the Division of Land Resources
has released the project;
5. No additional compensatory mitigation is required as a result of this certification.
6. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
7. 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.
8. No changes to the horizontal or vertical placement of the stormwater outfall locations, the horizontal or
vertical placement of the culverts, the horizontal or vertical placement of bridges, the horizontal or vertical
placement of grassed swales, or the horizontal or vertical placement of open ditches is permitted without
written approval from the NC Division of Water Quality 401 Wetlands Unit. In addition, no changes to
the flow spreader locations or designs, preformed scour hole4ocations or designs are permitted without
written approval from the NC Division of Water Quality 401 Wetlands Unit. Any request for changes to
the referenced items above will require submittal of a modification request, with seven copies, and
corresponding fees will need to be submitted to the North Carolina Division of Water Quality.
9. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
10. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
11. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
12. 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.
13.•-Discharging-hydroseed•mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
14. Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1 outside of the authorized impacts in the original
certifications dated April 10, 2002, and all other subsequent modifications. Moreover, sediment and
erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised
and that discharge is released as diffuse flow.
15. The outside buffer, wetland or water boundary of all jurisdictional areas in the construction corridor, and
immediately adjacent shall be clearly marked by orange fabric fencing prior to any land disturbing
activities.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Custnmar Sarvica- 1 AO() 893-7749
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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
Coleen Sullins, Deputy Director
Division of Water Quality

16. NCDOT, 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 law 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 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 NCDOT 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 NCDOT 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.
17. 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 Engineer and the on-site project manager.
18. All other conditions written into previous Water Quality Certifications and Neuse River Riparian Buffer
Certifications for this project still apply.
Violations of any condition herein set forth shall 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. This
Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to 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, P.O. Box
27447, Raleigh, N.C. 27611-7447. 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 8th day of July 2004
DIVISIO WATER QUALITY
X-1c
Alan W. Klimek, P.E.
Director
Modification to WQC No. 3377
c:\ncdot\TIP R-2547\wqc\011689wgcmoc05.doc
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748