20010550 Ver 2_Approval Letter_20020925

NI,~,TF Michael F. Easley, Governor
`O~~ 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~ Alan W. Klimek, P.E. Director
> ~ Division of Water Quality
o ~
Mr. Greg Thorpe, PhD, Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Thorpe:
September 25, 2002
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Wake Forest Bypass, on NC 98 from (Jones Dairy Road) to just west of SR 1923 (Thompson Mill Road) in
Wake County (TIP R-2809), WQC Project No. 010550. Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Attached hereto is a modification to Certification No. 3343 issued to the North Carolina Department of
Transportation on February 4, 2002, and the modification issued on February 26, 2002. The attached
modification authorizes additional impacts to 1.46 acres of protected riparian buffers (0.95 in Zone 1 and 0.51
acres in Zone 2) in the Neuse River Basin, and authorizes channel diversions at two stream crossings. It
should be noted the modification is applicable only to the additional proposed activities. All the authorized
activities and conditions of certification associated with the original Water Quality Certification dated
February 4, 2002, and the modification issued February 26, 2002 still apply except where superseded by this
certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments:
Modification to WQC No. 3343
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
Ron Ferrell, NC Wetlands Restoration Program
Central Files
File Copy
nce e
. Klime , P.E.
ect
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

W,QJ'F Michael F. Easley, Governor
~O~O RpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
UJ ~ Alan W. Klimek, P.E. Director
~_
O `~
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. The attached 401 Water Quality Certification modification authorizes additional impacts
to 1.46 acres of protected riparian buffers (0.95 in Zone 1 and 0.51 acres in Zone 2) in the Neuse River Basin, and
authorizes channel diversions at two stream crossings. It should be noted the modification is applicable only to the
additional proposed activities. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated February 4, 2002, and the modification issued February 26, 2002 still
apply except where superseded 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:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of two manuals. Either the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and
rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10
NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural
grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. 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

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5. Compensatory mitigation for impacts to Neuse Riparian Buffers shall be provided for as described below.
Zone of
Impact Impacts
(Acres) Replacement
Ratio Total Acres of
Mitigation
Re uired
Zone 1 0.95 3:1 2.85
Zone 2 0.51 1.5:1 0.77
Total 3.62
Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided through an in-lieu
payment to the North Carolina Wetlands Restoration Program (NCWRP) at a rate of $41,625 per acre for
3.62 acres of buffer impact. Therefore, a total payment of $150,683 shall be submitted to the NCWRP to
offset the impacts for the project. No construction activities in buffers shall begin until payment for buffer
mitigation is made to the NCWRP.
6. All other conditions written into previous Water Quality 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 25`t' day of September 2002
DIVISION OF WATER QUALITY
I
a limek, P.E.
rector
Modification to WQC No. 3343
c:\ncdot\TTP R-2809\wqc\010550 modification.doc
N. C. Division of Water Quality 1650 Mail Service Center
Customer Service: 1 800 623-7748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Raleigh, NC 27699-1650 [phone]