20010550 Ver 4_Approval Letter_20041013

F NIATF
O R Michael F. Easley, Governor
OH
QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
~ ~• Alan W. Klimek, P.E. Director
>_ .:.1 Division of Water Quality
~ ~
October 13, 2004
Wake County
DWQ No. 010550
TIP No. R-2809B
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-2809B).
WQC Project No. 10550
Attached hereto is a copy of modification to Certification No. 3443 issued to The North Carolina Department of
Transportation dated February 4, 2002, modified October 22, 2003, modified January 5, 2004.
If we can be of further assistance, do not hesitate to contact us.
Sin ly,
Alan W. Klimek, P.E.
Director
Attachments
Modification to WQC No. 010550
cc: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers Raleigh Field Office
NCDWQ Raleigh Regional Office
Mr. Jim Trogdon, PE, Division 4 Engineer, PO Box 3165, Wilson, NC 27895
Mr. Jamie Shern, Division 4 Environmental Officer, PO Box 3165, Wilson, NC 27895
Central Files
File Copy
IVo~rthCarolina
Transportation Permitting Unit ~lltllCll~~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.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Em~lover - 50% Recvcled110% Post Consumer Paoer

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 the following:
Surface Water Impacts for the Neuse River Basins
Site Original
Stream
Impacts
(linear feet) Revised
Stream
Impacts
(Linear Feet) Increase in
Steam Impact
(Linear Feet) Stream
Impacts
Requiring
Mitigation
(linear feet) On-Site
Natural
Channel
Design
(linear feet) Mitigation
Required
(for entire
project)
Section B, Site 1 790 797 7 797 0 797
Section B, Site 4 0 351 351 351 351 0

Total 790 1,148 358 1,148 351 797
~~
Neuse River Riparian Buffer Impacts & Mitigation
Site Zone 1
(S uare feet) `.Zone 2
(S uare feet) Increase
(S ware feet)
Site 1 44,185 27,942 3,380
Site 2 9,397 4,639 6,552
Site 3 (Y1 16+88L/RPB 11+01 L) 15,629 3,820 4,468
Site 3 (Y1 16+98R/17+70R) 5,694 4,456 4,780
Site 4 (Y3 10+77R/11+OSR) 452 2,024 -21,371
Site 4 (L 38+24.5/39+44.5) 26,629 19,837 28,792
Site 4 (L 40+00) 0 1,324 1,324
Site 5 (L47+09L/47+70R) 19,439 10,828 2,980
TotalIm acts 121,425 74,870 30,905

Miti able Im acts 120,973 71,522 44,779

Buffer Re lacement 34,512 25,105

Total Buffer Re lacement 59,617 45,616

Total Miti ation Cost 0

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, 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 additional wetland impacts, or stream impacts, for
this project (now or in the future) exceed one acre or 150 linear 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 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.
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 the equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment anc~ 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.
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 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.
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 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.
9. Compensatory mitigation for impacts to streams shall be done for 358 linear 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 351 linear~feet of streams as described (i.e. a stable
stream pattern, dimension, and profile) in the August 16, 204 permit modification request. All stream
relocations shall have 50-foot wooded buffers planted on bo~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 ?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. A letter of acceptance
submitted to the NCDWQ is required from EEP prior to incurring any impacts on the project.
10. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
11. For areas in the project that aze located in the Neuse River Basin, 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 f0es will need to be
submitted to the North Carolina Division of Water Quality.
12. 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.
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 AYea Management Act Permit. This
Certification shall expire upon the expiration of the 404 or LAMA p \mit.
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 13`~ day of October 2004
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
Director
WQC No. 3443

O~O~ W AT FRpG
~_ .~
~ ~
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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: Date:
Agent'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:
Engineer's Certification
Date:
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 Registration No.
Date
N~o e~Cazolina
Transportation Permitting Unit ~ n'tuCa~~/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httg://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
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NORTH CAROLINA -DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H.0500, NCDOT, DWQ Project No. 010550 is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of construction of
the Wake Forest Bypass in Wake County. 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.
Summary of Impacts
^ 358 linear feet of jurisdictional stream loss.
^ 44,779 square feet of protected riparian buffer impact
On-site mitigation to be.,performed by NCDOT:
^ 351 linear feet of on-site stream relocation using natural channel design.
^ 45,616 square feet of protected riparian buffer replacement
COMPENSATORY MITIGATION REQUIREMENTS:
LOCATION: Wake Forest Bypass ~~.
COUNTY: Wake County
BASIN/SUBBASIN: Neuse, Hydrologic Unit 3020201 ~,
As required by 15A NCAC 2B .0250 and 15A NCAC 2H .0506(h), and the conditions of this
Certification, you are required to compensate for the above impacts through the restoration, creation,
enhancement or preservation of wetlands, buffers, and surface waters as outlined below prior to
conducting any activities that impact or degrade waters of the state. Mitigation to be performed by
NC Ecological Enhancement Program in Hydrologic Unit 03020201:
^ 7 linear feet of stream.
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Ecosystem Enhancement Program per 15A NCAC 2R .0503. If you choose
this option, please sign this form and mail it to 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 ECOSYSTEM ENHANCEMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCMENT PROGRAM
1652 Mail Service Center
RALEIGH, NC, 27699-1652