20120923 Ver 1_Approval Letter_20121012

ACCIFA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
October 12 2012
Wake County
NCDWQ Project No 20120923
SR 3014
TIP No U 5503
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr J W Bowman P E Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham NC 27704
Dear Mr Bowman
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
widening SR 3014 in Wake County
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Intermittent Riprap Stabilization to Temporary Dewatering to
Stream(linear ft) Intermittent Stream (linear ft) Intermittent Stream(linear ft)
1 25 10 52
Total 25 10 52
Total Stream Impact for Project 87 linear feet
Wetland Impacts in the Neuse River Basin
Site Permanent Fill (ac) Mechanized Clearing (ac)
1 0 004 0 006
Total 0 004 0 006
Total Wetland Impact for Project 0 010 acres
Neuse Riparian Buffer Impacts
Site Zone 1 Impact Zone 1 Buffer Mitigation N Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) Required (using 3 1 ratio) (sq ft) Required(using 1 5 1 ratio)
1 3645 N/A 1698 N/A
Totals 3645 0 1698 0
*n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required
Total Buffer Impact for Project 5343 square feet
Transportation and Permitting Unit One
1650 Mail Service Center Raleigh North Carolina 27699 1617 NorthCarollna
Location 512 N Salisbury St Raleigh North Carolina 27604 Natural/
Phone [phone] FAX [phone] Naturally
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Internet www ncwaterouallty orq
An Equal Opportunity I Affirmative Action Employer

The project shall be constructed m accordance with your application dated received October 8 2012 After
reviewing your application we have decided that these impacts are covered by General Water Quality Certification
Numbers 3885 and 3886 This certification corresponds to the Nationwide Permits 13 and 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 NCDWQ 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 m 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) Additional buffer impacts may require compensatory mitigation
as described m 15A NCAC 2B 0242(9) For this approval to remain valid you must adhere to the conditions listed
in the attached certifications and any additional conditions listed below
Conditions of Certification
1 Riprap shall not be placed in the active thalweg channel or placed m the streambed in a manner that precludes
aquatic life passage Bioengineering boulders or structures should be properly designed sized and installed
2 For any streams being impacted due to site dewatermg activities the site shall be graded to its preconstruction
contours and revegetated with appropriate native species
3 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 NCDOT
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
4 Pursuant to 15A NCAC 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWQ At this time 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
5 All portions of the proposed project draining to 303(d)listed watersheds that are impaired due to turbidity shall be
designed constructed and operated with sediment and erosion control measures that meet Design Standards in
Sensitive Watersheds [15A NCAC 4B 0124]
6 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
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 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed
floodplams and streams shall be restored to natural geomorphic conditions
9 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
10 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval

11 All work m or adjacent to stream waters shall be conducted m 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
12 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
13 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
14 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment m or adjacent to surface
waters is prohibited
16 The permittee and its authorized agents shall conduct its activities m 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 NCDWQ 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 NCDWQ may reevaluate and modify this certification
17 A copy of this Water Quality Certification shall be maintained 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 Engmeer
and the on site project manager
18 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
19 The issuance of this certification does not exempt the Permittee from complying with any and all statutes rules
regulations or ordinances that may be imposed by other government agencies(i e local state and federal)having
jurisdiction mcludmg but not limited to applicable buffer rules stormwater management rules soil erosion and
sedimentation control requirements etc
20 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
21 Upon completion of the project(including any impacts at associated borrow or waste sites) the NCDOT Division
Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work
included m the 401 Certification has been completed
22 Native riparian vegetation(i e trees and shrubs native to your geographic region)must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction
23 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 m wetlands or streams compensatory mitigation will be required since that is a direct impact from road
construction activities
24 Sediment and erosion control measures shall not be placed m wetlands or waters unless otherwise approved by
this Certification

1
25 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 mamtamed 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
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty(60)days of receipt of this notice A petition is considered
filed when it is received m the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm except
for official state holidays The original and one(1)copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five(5)business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 919 807 6403
Sincerely
- ,A744:7,7471/9
'= Charles Wakild
Director
Cc Chris Murray Division 5 Environmental Officer
Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office
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