20010550 Ver 6_Approval Letter_20050228

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February 28, 2005
Wake County
DWQ No. 010550
TIP No. R-2809B and R-2809C
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed to Individual Permit in Wake County
TIP R-2809.
DWQ Project No. 10550
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Attached hereto is a copy of modification to Certification No. 3343 issued to The North Carolina Department of
Transportation dated February 4, 2002, modified October 22, 2003, modified January 5, 2004, modified October 13,
2004, modified September 30, 2005. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated February 4, 2002 and all other corresponding modifications still apply
except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Modification to WQC No. 3343
S' ly,
C,
Alan W. Klimek,
Director
cc: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers Raleigh Field Office
NCDWQ Raleigh Regional Office
Mr. R.E. Greene, Jr., PE, Division 4 Engineer, PO Box 3165, Wilson, NC 27895
Mr. Jamie Guerrero, Division 4, PO Box 3165, Wilson, NC 27895
File Copy
N~one~Carolina
Transportation Permitting Unit d vutllrQ~~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://h2o.enr.state.nc.us/ncwetlands
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
An Equal Opportunity/Affirmative Action Employer - 50°k Recycled/10% Post Consumer Paper

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
15 NCAC 2H, Section .0500, and 15 NCAC 2B .0233. The attached modification authorizes NCDOT to revise the
typical section of the channel relocation for Site 2 on Section C from a three (3) foot bankfull depth to a two (2) foot
bankfull depth.
The application provides adequate assurance that the impacts the waters and protected Riparian Buffers of the Neuse
and Cape Fear River Basins 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 modification dated
received Februazy 16, 2006. 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 cctt'iiplying with all the conditions. If additional wetland impacts, or stream impacts, for
this project (now or in the future) exceed-one acre or 1501inear 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 aze 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-dischazge and Water Supply watershed regulations. This Certification shall expire on the
same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner.
Condition(s) of Certification:
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 assure
compliance with the appropriate water quality 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. 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 coritractor-
owned or leased borrow pits associated with the project.
b.) 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. 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 reclamation measures and implementation must comply with
the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act.
2. All 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. 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.
5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened;
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. Upon completion of the project, the NCDOT shall complete and return the "Certification of Completion
Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the form and return it to the 401/Wetlands Unit of the Division of Water
Quality upon completion of the project.
8. Placement of culverts and other structures in waters, streams, and wetlands must 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 shall be maintained if requested in writing
by DWQ.
9. Compensatory mitigation for impacts to streams shall be done for 2691inear feet of streams in the Neuse
River Basin at a replacement ratio of 1:1. Compensatory mitigation for impacts to jurisdictional streams
shall be provided by onsite stream relocations of 2691inear feet of streams as described (i.e. a stable
stream pattern, dimension, and profile) in the September 7, 2005 (dated received September 16 and 23,
2005) permit modification request and the February 16, 2006 (dated received February 16, 2006) permit
modification request. All stream relocations shall have 50-foot wooded buffers planted on both sides of
the stream unless otherwise approved by the NC Division of Water Qaulity. 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 351 linear feet of impacts. In
addition to the 351 linear feet of on-site mitigation, compensatory mitigation for an additional 168 linear
feet of streams is required in the Neuse River Basin (Cataloguing Unit 03020201). We understand that
you have chosen to perform compensatory mitigation for impacts to streams through use of the NC
Ecosystem Enhancement Program (NCEEP), and that the EEP has agreed to implement the mitigation for
the project in accordance with the letter dated August 29, 2005 (dated received September 12, 2005).
10. Mitigation for impacts to 8,296 square feet of protected riparian buffers in Zone 1 and 2,358 square feet of
protected riparian buffers in Zone 2 will be mitigated for as described below:

Zone of
Im act Impacts
(S uare Feet) Replacement
Ratio Total Square Feet of
Miti ation Re uired
Zone 1 8,296 3:1 24,888
Zone 2 2,358 1.5:1 3,537
Total 10,654 28,425
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), and that the EEP has agreed to
implement the mitigation for the project. Mitigation for unavoidable impacts to Neuse Riparian Buffers
shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B .0242 at a cost of
$0.96 per square foot for 28,425 square feet of buffer impact. Therefore, a total payment of $27,288.00
shall be submitted to the EEP to offset the project impacts. The payment to EEP, and the required riparian
buffer mitigation shall be implemented in accordance with all the Memorandum's of Agreement signed
between the North Cazolina Depaztment of Environment and Natural Resources and the NC Department of
Transportation that govern the practice and function of the EEP.
11. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
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12. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected ripazian buffers.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
14. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
15. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
16. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing 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. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand
or other materials be dredged from the wetted stream channel under authorization of this permit, except in
the immediate vicinity of the culverts.
19. Discharging. hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
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 Federa1404 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 28`~ day of February 2006
DI ION WATER QU ITY
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Alan W. Klimek, P.EY~--
Duector
WQC No. 3343 ..~