20060700 Ver 1_Approval Letter_20060509

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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
May 9, 2006
Wake County
DWQ Project No. 20060700
Tryon Road Widening, Part D
APPROVAL of 401 WATER QUALITY CERTIFICATION, NEUSE BUFFER AUTHORIZATION, and
ADDITIONAL CONDITIONS
Mr. Tim Sudano
City of Raleigh, Public Works Dept.
PO Box 590
Raleigh, NC 27602
Dear Mr. Sudano:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening Tryon Road in Wake County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill
(culvert) in Perennial
Stream I Permanent Relocation
of Perennial Stream Total Stream
Impact
1 82 0 82
2 0 185 185
Total 82 185 267
Total Stream Impact for Project: 267 linear feet.
Neuse Riparian Buffer Impacts
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 7766 0 7766 N/A 2979 0 2979 N/A
2 8094 0 .8094 24282 559 0 559 839
Totals 15860 0 15860 24282 3538 0 3538 839
* n/a = Total for Site is less than 1/3 acre or 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 19398 square feet.
Aorth arolina
Transportation Permitting Unit turllillt
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
OF Wat?? William G. Ross Jr., Secretary
? QG North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
> l w --I Division of Water Quality
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The project shall be constructed in accordance with your application dated received April 24, 2006. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification as well as those listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 185 linear feet of stream at a replacement ratio of 1:1 is required.
Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 185
linear feet of the unnamed tributary at site 2. The onsite stream relocation shall be constructed in accordance with
the design submitted in your April 24, 2006 application. Please be reminded that as-builts for the completed stream
shall be submitted to the North Carolina Division of Water Quality Transportation Permitting Unit with the as-builts
for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional
stream mitigation for the 185 linear feet of impacts. All channel relocations will be constructed in a dry work area,
will be completed and stabilized, and must be approved on site by DWQ staff, prior to diverting water into the new
channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. All
stream relocations shall have a 50-foot wide native wooded buffer planted on both sides of the stream unless
otherwise authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP)
and appropriate temporary ground cover is allowable.
2. Compensatory mitigation for impacts to 8094 square feet of protected riparian buffers in Zone 1 and 559 square
feet of protected riparian buffers in Zone 2 shall be required.
(a.) We understand that you have chosen to perform buffer restoration to 731 square feet of Zone 1 buffer and
2156 square feet of Zone 2 buffer at the relocated stream at site 2. In accordance with 15A NCAC
02B.0242(9) riparian vegetation reestablishment shall include a minimum of at least 2 native hardwood
tree species planted at a density sufficient to provide 320 trees per acre at maturity. In addition, within one
year proof shall be submitted that the riparian buffer has been restored and an annual report will be
submitted for a period of 5 years showing that the trees and vegetation have survived and that diffuse flow
through the riparian buffer has been maintained. Failure to achieve the 320 trees per acre after 5 years will
require reporting by the DOT to DWQ. The report shall provide appropriate remedial actions to be
implemented. Approval of the plan by the DWQ is required. The mitigation area shall be placed under a
perpetual conservation easement that will provide for protection of the property's nutrient removal
efficiencies.
(b.) We also understand that you have chosen to perform compensatory mitigation for the remaining balance of
22,234 square feet of riparian buffer through use of the North Carolina Ecosystem Enhancement Program
(EEP). This has been determined by the DWQ to be a suitable method to meet the mitigation requirement.
In accordance with 15A NCAC 2B .0242, this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233(9)(C). Until the NC EEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this approval shall
occur. Ms. Susan Klimek should be contacted at [phone] if you have any questions concerning
payment into the EEP.
-None Carolina
Transportation Permitting Unit t'Xlra!!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://h2o.enr.stat&.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
?F WAT?? William G. Ross Jr., Secretary
WDUJUVII North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
3. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
4. 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.
5. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
6. 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.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BUT 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.
8. 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.
9. 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.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. The permittee 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 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
14. 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 applicant and the
on-site project manager.
15. 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.
16. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
17. Native riparian vegetation (trees and shrubs native to your geographic region) must be reestablished within the
construction limits of the project by the end of the growing season following completion of construction.
NofthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet htto://h2o.enr.state.nc.us/nowetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
O?(A WATFRpG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
,_,I Division of Water Quality
o ?
18. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
19. 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.
20. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project.
21. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
22. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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.
23. Pursuant to NCAC15A 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.
24. 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.
NopfthCazolina
Transportation Permitting Unit ahtra!!rf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
\N A?F Michael F. Easley, Governor
0 iQ William G. Ross Jr., Secretary
'0? QG North Carolina Department of Environment and Natural Resources
'7' Alan W. Klimek, P.E. Director
7 Division of Water Quality
D Y
25. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the
stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically
decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life
passage.
26. Riprap should 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 1509 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at [phone].
ince ely,
Alan W. Klimek, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Norton Webster, Kimley-Horn & Associates, PO Box 33068, Raleigh, NC 27636
Travis Wilson, NC Wildlife Resources Commission
Ecosystem Enhancement Program (EEP)
DWQ Raleigh Regional Office copy
Central Files
File Copy
1Vok Carolina
Transportation Permitting Unit AduCglil?
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper