20010550 Ver 7_Approval Letter_20071029

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 29, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed construction of NC
98 Bypass in Wake County, Federal Aid Project No. HPSTP-55(12), State Project No. 8.1402501, TIP
No. R-2809A & R-2809C, US COE Action ID No. 2007-03114.
DWQ Project No. 20010550 version 7.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3343 issued to The North Carolina Department of
Transportation dated February 4, 2002 and subsequent modifications dated September 25, 2002; October 22, 2003;
October 13, 2004; September 30, 2005; and February 28, 2006. This modification is applicable only to the
additional proposed activities in Section A and proposed modification in Section C. All the authorized activities and
conditions of certification associated with the original Water Quality Certification and subsequent modifications still
apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
(.. `
Coleen Sulli
Director
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Brett Feulner, NCDOT PDEA .
Chris Murray, Division 5 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Travis. Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Beth Harmon, Ecosystem Enhancement Program
File Copy
N~o e~Carolina
Transportation Permitting Unit ~ -'utuCa~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto:Ith2o.enr.state.nc.us/ncwetlands
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Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and NEUSE BUFFER RULES, with ADDITIONAL CONDITIONS
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 .0500 and 15A NCAC 2B.0233. This certification authorized the NCDOT to impact 0.01 acres of
jurisdictional wetlands, 354 linear feet of jurisdictional streams and 43,382 square feet of protected riparian buffers
in Wake County. The project shall be constructed pursuant to the modification dated received September 18, 2007.
The revised authorized impacts for Section A of the project are as described below:
Rev;ced Stream impacts in the Neuse River Basin (R-2809A)
Site Permanent Fill in
Intermittent Stream
linear ft Temporary Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Temporary Fill in
Perennial Stream
linear ft Total Stream
.Impact .
linear ft
1 0 0 95 23 118
2 62 20 0 0 82
3 118 36 0 0 154
Total 180 56 95 23 354
Total Stream Impact for Project: 3541inear feet.
Revised Wetland Impacts in the Neuse River Basin (R-2809A)
Site Fill
ac Fill (temporary)
ac Total Wetland Impact (ac)
1 0.01 0 0.01
Total 0.01 0 0.01
Total Wetland Impact for Project: 0.01 acres.
Revised Neuse Riparian Buffer Imuacts (R-2809A)
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 5,651 0 5,651 N/A 3,283 0 3,283 N/A
2 4,338 0 4,338 N/A 2,788 0 2,788 N/A
3 7,556 0 7,556 22,668 4,198 0 4,198 6,297
Totals 25,814 0 25,814 22,668 17,568 0 17,568 6,297
* n/a =Total for Site is less than 1/3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact for Project: 43,382 square feet.
The application provides adequate assurance that the discharge of fill material into the waters, wetlands and buffers
of the Neuse River Basin 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.
N,o e~Carolina
Transportation Permitting Unit ~dllra!!r~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:llh2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North.,Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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This approval is only valid for the purpose and design that you submitted in your modified application dated
received September 18, 2007. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated February 4, 2002 and all subsequent modifications still apply except
where superceded by this certification. The revised impact tables above apply for project Section A only, and does
not change the jurisdictional impacts of Sections B or C. However, the proposed design changes for Section C, sites
4 and 5, are also covered by this modification. Should your project make additional changes, 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 any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet,
respectively, additional 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. This Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
Conditions of Certification:
1. All other conditions written into previous Water Quality Certifications and modifications for this project still
apply except where superceded by this modification.
2. Compensatory mitigation for impacts to 7,556 square feet of protected riparian buffers in Zone 1 and 4,198
square feet of protected riparian buffers in Zone 2 shall be required at the following rates:
Zone of Impact Impacts
S ware Feet Replacement Ratio Total Square. Feet of
Miti ation Re wired
Zone 1 7,556 3:1 22,668
Zone 2 4,198 1.5:1 6,297
Total 11,754 28,965
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through
use of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable impacts to Neuse
Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B. EEP has
indicated in a letter dated August 29, 2007 that they will assume responsibility for satisfying the compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed on April 12, 2004.
3. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required.
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
6. For any streams being impacted due to site dewatering activities, the site shall be graded to its preeonstruetion
contours and revegetated with appropriate native species.
N~o°e~Carolina
Transportation Permitting Unit " "`tura~~t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North,Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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North,Carolina Department of Environment and Natural Resources
y Coleen Sullins, Director
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7. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
8. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated,
with native woody species before the next growing season following completion of construction.
9. Pursuant to NCACISA 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 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.
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
11. 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.
12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
15. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
16. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
17. 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.
18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
20. The permittee and its authorized agents shalt 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 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.
N~o e~Car
Transportation Permitting Unit ~ Y"tuC~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:/Ih2o.enr.state.nc.us/ncwetlands
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21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
22. A copy of this Water Quality Certification shall be maintained on site at 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.
23. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
24. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
26. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when
all work included in the 401 Certification has been completed.
27. Native riparian vegetation (trees and shrubs native to the project's geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of construction.
28. 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 the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The 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.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
30. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
N~o e~Carolina
Transportation Permitting Unit ~ "'tura~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: htto•//h2o enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North, Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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O~OF VVH rfiRQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ Coleen Sullins, Director
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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 Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
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, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. 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 29th day of October 2007
DIVISION OF WATER QUALITY
Coleen Sullins
Director
WQC No. 3343
N~o°°~Cazolina
Transportation Permitting Unit ~ "`~uCa~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:!lh2o.enr.state.nc.us/ncwetlands
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
maybe returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Engineer's Certification
Date:
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
N~o'ne~Carolina
Transportation Permitting Unit ~ ~"tuCa~~t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http~//h2o.enr state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North, Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper