20011689 Ver 1_Approval Letter_20020410

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore:
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 10, 2002
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed US 64v 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 copy of Certification No. 3377 issued to The North Carolina Department of
Transportation dated April 4, 2002. You have our approval, in accordance with the attached conditions and
those listed below, to place fill material in 12.95 acres of jurisdictional wetlands, 9560 linear feet of
streams, and 40.56 acres of protected Neuse River Riparian Buffers. In addition, you are authorized to
perform mechanized clearing in 0.2 acres of jurisdictional wetlands. The project shall be constructed in
accordance with your application dated October 19, 2001, and the subsequent addendums dated November
9, 2001, and April 2, 2002. Any proposed site plans submitted in the October 19, 2001 application that
have a subsequent revised site plan submitted in the November 9, 2001,or April 2, 2002 addendums are not
authorized by this certification. Instead, for all impacts where a proposed site design as provided in the
original October 19, 2001 application was revised and submitted in the November 19, 2001 and April 2,
2002 addendums, the drawings with the latest date of revision are authorized. The purpose of the
authorized impacts is the construction of the US 64 bypass of Knightdale and a portion of the East Wake
Expressway (Future I-540 Outer Loop) from existing US 64 to the proposed US 64 bypass in Wake County.
This certification supercedes the 401 Water Quality Certification approved on April 5, 2002.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e??
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
Ron Ferrell, Wetlands Restoration Program
Central Files
File Copy
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e??
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
and Neuse River Buffer Rules
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 15A NCAC 2H, Section.0500, and 15A NCAC 2B .0233. This certification authorizes, in
accordance with the attached conditions and those listed below, the placement of fill material in 12.95 acres
of jurisdictional wetlands, 9560 linear feet of streams, and 40.56 acres of protected Neuse River Riparian
Buffers. In addition, you are authorized to perform mechanized clearing in 0.2 acres of jurisdictional
wetlands. The project shall be constructed in accordance with your application dated October 19, 2001, and
the subsequent addendums dated November 9, 2001, and April 2, 2002. Any proposed site plans submitted
in the October 19, 2001 application that have a subsequent revised site plan submitted in the November 9,
2001,or April 2, 2002 addendums are not authorized by this certification. Instead, for all impacts where a
proposed site design as provided in the original October 19, 2001 application was revised and submitted in
the November 19, 2001 and April 2, 2002 addendums, the drawings with the latest date of revision are
authorized. The purpose of the authorized impacts is the construction of the US 64 bypass of Knightdale
and a portion of the East Wake Expressway (Future I-540 Outer Loop) from existing US 64 to the proposed
US 64 bypass in wake County. This certification supercedes the 401 Water Quality Certification approved
on April 5, 2002.
The application provides adequate assurance that the discharges of fill material into the waters of the Nesue
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.
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. Any additional impacts to wetlands,
streams, or buffers, for this project (now or in the future) will require additional compensatory mitigation
may be required as described in ISA NCAC 2H .0506 (h) (6) and (7), and 15A NCAC 2B .0233. 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 three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Condition(s) of Certification:
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices)
shall 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 (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. 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;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI
or ROD shall become conditions of this Certification;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
5. 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.
6. All channel relocations will be constructed in a dry work area, and stabilized before stream flows
are diverted. Channel relocations will be completed and stabilized prior to diverting water into
the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an
entire growing season. Vegetation used for bank stabilization shall be limited to native woody
species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-rap
coverage requested.
7. Compensatory mitigation for impacts to streams shall be done for 7122 linear feet of stream
impact at a replacement ratio of 1:1. Compensatory mitigation for impacts to jurisdictional
streams shall be provided by onsite stream relocations of 1321 linear feet of streams on site as
described (i.e. a stable stream pattern, dimension, and profile) in the March 24, 2000 revised
permit application. Of the 1321 linear feet of total proposed onsite mitigation, 787 linear feet is
located at Site 4 in Segment CC (between stations 155+00 and 157+00) of the project. No
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
WAJ
4 0 •
Michael F. Easley, Governor NC ENP*
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
impacts to Site 4 in Segment CC of the projects are authorized until a final design that provides a
stable stream pattern, dimension, and profile is submitted to and approved in writing by the NC
Division of Water Quality 401 Wetlands Unit. All stream relocations shall have 50-foot wooded
buffers planted on both sides of the stream. As-Builts for the completed streams shall be
submitted to the North Carolina Division of Water Quality 401 Wetlands Unit within 30 days of
the completion of the construction of the relocations. If the parameters of this condition are not
met, then the NCDOT shall supply additional stream mitigation for the 787 linear feet of impacts.
In addition to the 1321 linear feet of on-site mitigation, compensatory mitigation for an additional
5801 linear feet of streams is required. We understand that you have chosen to perform
compensatory mitigation for impacts to streams through an in lieu payment to the North Carolina
Wetland Restoration Program (NCWRP), and that the WRP has agreed to implement the
mitigation for the project. Mitigation for unavoidable impacts to streams shall be provided
through an in-lieu payment to the North Carolina Wetlands Restoration Program (NCWRP) at a
rate of $125 per linear foot. Therefore, a total payment of $725,125 shall be submitted to the
NCWRP to offset the impacts. No construction activities in jurisdictional streams shall begin
until payment for stream mitigation is made and the Wetland Restoration Program receives and
clears your check (made payable to DENR - Wetland Restoration Program). The payment to
NCWRP shall be sent within two months of issuance of the 404 permit. If you have any questions
concerning the Wetland Restoration Program please contact them at 919-733-5208.
8. Compensatory mitigation for impacts to wetlands shall be done for 12.95 acres of impacts.
Applying a replacement ration of 2:1 total mitigation for 25.90 acres of riparian wetlands shall be
provided as described below.
Type of Replacement Acres of Mitigation
Mitigation Site Acres of WL Mitigation Ratio Credited
Debited from
Site
Benson Grove 8.55 Restoration 1:1 8.55
Mitigation Site
Mingo Creek 28.6 Preservation 1.9:1 14.95
Mitigation Site
Marks Creek 4.40 Restoration 1:1 4.40
Mitigation Site
25.90
Total
9. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive
velocities, unless approved otherwise by this certification.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
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On% NOW
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
10. Of the total 40.56 acres of impacts to protected riparian buffers, compensatory mitigation for
impacts to 34.69 acres of Neuse Riparian Buffers shall be provided for as described below.
Zone of
Impact Impacts
(Acres) Replacement
Ratio Total Acres of
Mitigation Required
Zone 1 21.14 3:1 63.42
Zone 2 13.55 1.5:1 20.33
Total 83.75
We understand that you have chosen to perform compensatory mitigation for impacts to protected
buffers through an in lieu payment to the North Carolina Wetland Restoration Program
(NCWRP), and that the WRP 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 Wetlands Restoration Program (NCWRP) at a rate of $41,625 per acre for
83.75 acres of buffer impact. Therefore, a total payment of $3,486,094 shall be submitted to the
NCWRP to offset the impacts. No construction activities in Neuse River Riparian buffers shall
begin until payment for buffer mitigation is made and the Wetland Restoration Program receives
and clears your check (made payable to DENR - Wetland Restoration Program). The payment to
NCWRP shall be sent within two months of issuance of the 404 permit. If you have any
questions concerning the Wetland Restoration Program please contact them at 919-733-5208.
11. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification
of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality upon completion of the project.
12. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be
shown to DWQ that providing passage would be impractical. 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 stream beds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium shall be maintained if requested in writing by DWQ.
13. 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 hole locations 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.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
11krJ'h';W'J
1 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
14. When final design plans are completed for the section of the East Wake Expressway (R-2641,
Future I-540 Outer Loop) from existing US 64 to the proposed US 64 bypass located in Wake
County, a modification to the 401 Water Quality Certification shall be submitted with seven
copies and fees to the NC Division of Water Quality. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters, and buffers. Construction activities that impact any wetlands, streams, and other surface
waters, or buffers located in the referenced section shall begin only after NCDOT applies for and
receives a modified 40lWater Quality Certification from the NC Division of Water Quality. This
condition does not apply to the proposed interchange of project R-2641 and R-2547, it is
approved as described previously in this certification.
15. No construction activities are authorized for the project until NCDOT provides and gets written
approval from the NC Division of Water Quality for appropriate engineering construction details
for all proposed level spreaders and pre-formed scour holes in Segment CC of the project.
16. No construction activities are authorized in segment CC of the project until a final design that
provides a stable stream pattern, dimension, and profile for the proposed stream relocation from
station 155+00 to 157+00 is submitted by NCDOT, and approved by the NC Division of Water
Quality 401 Wetlands Unit.
17. Given the multiple set of addendums to the original application, NCDOT shall provide to the
NCDWQ a final of site drawings within 2 months of the date of issuance of the 401 Water Quality
Certification that reflects the authorized impacts in this certification.
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 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, 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 10a` day of April 2002
DIVISION OF WATER QUALITY
Gregory J. Thorpe, Ph.D.
Acting Director
WQC No. 3377
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

Michael F. Easley, Governor NC ENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be 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:
Agent's Certification
Date:
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
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.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
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4
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 211.0500, the North Carolina Department of Transportation is authorized to
impact the waters of the State of North Carolina as indicated below for the purpose of constructing the US
64 bypass of Knighdale 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 (TIP R-2547), WQC Project No. 011689. All activities associated
with these authorized impacts must be conducted in accordance with the conditions listed in the attached
certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION:
LOCATION: US 64 bypass of Knightdale in Wake County
COUNTY: Wake
BASIN/SUBBASIN: Cape Fear, Cataloging Unit 03020201
DWQ No.: 011689
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade
waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration
Program must be rounded to one-quarter increments according to 15A 2R.0503(b).
5801 linear feet of stream channel
83.75 acres of Neuse River Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose this option,
please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC, 27626-0535
[phone]
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
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