20011689 Ver 5_Approval Letter_20050127

W A ~F _.+ichael F. [alley, Governor
O R
O~ QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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~ ~ Alan W. Klimek, P_E. Director ,
]_ ,~ Division of W ater Quality
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January 27, 2005
Wake County
DWQ Project No. 01168
TIP No.R-2547 ~~~~~~~LD
Dr. Greg Thorpe, PhD., Manager
Planning & Environmental Branch =
N.C. Department of Transportation F~ $ 2 21,^rs
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548 [N',Ij$a?!~;.h ~r`t,!~('(S
pDfA-OFFlC~ Gr ,;:;;Q~! EP+~IP,^~'1~fa'~i
Dear Dr. Thorpe:
Re: Modification to 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, I-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 (TII' 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 December 13, 2004. The modification authorizes a modification to the
horizontal alignment design for the project Section BA, an additional 10 linear feet of jurisdictional stream
impacts and 481 square feet of Zone 1 and 4 i4 square feet of Zone 2 buffer impacts for the project Section BA,
and additiona1204 square feet of Zone 1 and 280 square feet of Zone 2 buffer impacts for the project Section
CC.. The only modifications to the design of the project authorized by this certification are those submitted in
your December 13, 2004 application. 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still apply except where superceded by this certification.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 Nicole Thomson at 919-715-3415_
Sincerely,
~~
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Alan W. Klimek, P.E. ~"`
Drrector
Attachments:
Modification to WQC No. 3377
ce: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps. of Engineers, Raleigh Field Office
Mr. Jon G. Nance, PE, Division 5 Engineer, 2612. N_ Duke Street, Durham, NC 27704
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704
DWQ Raleigh Regional Office
Central Files
File Copy
NorthCarolina
transportation Permitting Unit ~l1~1fC~li~/
1650 Mai Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27600
Phone: [phone] fAX 9i9 733-6893!lntemet h~://h2o.enr_state.nc_uslncwetlands
An Equal Opportunity/A~rmative Acton Empbyer - 50% Aecydedll0°,6 Post Consumer Paper

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4
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued inconformity 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 December 13, 2004. The modification authorizes the following:
Site Location ~ Action taken Steam Riparian Buffer Riparian Buffer
- Impacts (ftJ Impacts Zone 1 Impacts Zone 2

dBA; Sits 4
Sectio New Hope Road Horizontal Alignment -from - 0 0 0
_ Y1REV-Stn 15+45.467 to 17+32.782
Section BA, Site Sta 17+32.782; pipe extension for driveway 10 481 414
19
Section CC, Site 3 Grass Swale construction at Sta 150+30-L- 0 204 280
Total Addtional 10 685 694
Irn acts
The only modifications to the design of the project authorized by this certification are those submitted in your
December 13, 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
syperceded by this certification.
The application provides adequate assurance that the proposed impacts to the stream and riparian buffer zones 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 }vith 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~ischarge and Water Supply watershed regulations.
Condition(s) of Certification:
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 alt 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,
instaltation, operation and maintenance outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual. These devices shall 6e 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;
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. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction
9. The dimension, pattern and profile of the stream above and below the crossing should not be modif ed by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
l0. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
11. 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.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
13. Compensatory mitigation for unavoidable impacts to 10 linear feet of stream shall be done at a
replacement ratio of 1:1. Applying a replacement ratio of i:l, total mitigation for 10 linear feet of stream
shall be provided for in Cataloging Unit 03020201 of the Neuse River Basin by the Ecosystem
Enhancement Program (EEP) as outlined in the letter dated 8 December 2004.
t ... ..

14. Mitigation for impacts to 685 square feet of protected riparian buffers in Zone 1 and 694 square feet of
protected riparian buffers in Zone 2 will be mitigated for as described below:
Zone of
Im act Impacts
(S uare Feet) Replacement
Ratio Total Square Feet of
Miti ation Re aired
Zone 1 685 3: i 2,055
Zone 2 694 1.5: i 1,041
Total 1,379_ 3,096
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through
an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP), and that the EEP has agreed
to implement the mitigation for the project. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be
provided through an in-lieu payment to the North Carolina Ecosystem Enhancement Program {NCEEP) at a rate of
$0.96 per square foot for 3,096 square feet of buffer impact. Therefore, a total payment of $ 2972.16 shall be
submitted to the NCEEP to offset the impacts. No construction activities m ease aver rpanan u ers s a `
begin until payment for buffer mitigation is made and the Ecosystem Enhancement Program receives and clears
your check (made payable to DENR -Ecosystem Enhancement Program).
15. Pursuant to NCAC iSA 2$.0233(6), sediment and erosion control devices shalt 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 approved project impacts, anywhere on this
project. 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.
16. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly~marked by highly visible fabric fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification.
17. 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 standadds and requirements in acwrdance with 15A NCAC 2H.0507(d). Before modifying the
certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public nonce in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2fL0504. 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 Pernut for the project.
18. 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.
19. All other conditions written into previous Water Quality Certiftcations and Neuse River Riparian Buffer
Certifications for this project still apply.

Vioiations of any condition herein set forth shall result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shalt become null and void unless the above
conditions are made conditions of the Federa1404 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 adjudicaGory hearing upon written request within sixty
_ (60) days following receipt of this Certification. This request must be in the form of a written petition confornung to
Chapter 150E 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 27t° day of January 2005
DIVISION OF WATER QUALITY
Alan W. HIimek, P.E.
Director
Modification to WQC No_ 3377
c_~CorrespondencelDWQQ1 I689~0] 1689wgcmoc0I2105.doc
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