20010550 Ver 3_More Info Letter_20030911

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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 11, 2003
Dr. Gregory J. Thorpe, PhD, Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed modification to the Wake Forest Bypass (TIP R-2809) in Wake County
WQC Project No. O1O550mod
Dear Dr. Thorpe:
The Division of Water Quality has reviewed your submittal fora 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the following areas:
Application Deficiencies
General Comments
• The proposed impacts to riparian buffers and a stream located on the Y-3 ramp, are shown in the permit
drawings, but are not included in the 401 Water Quality Application. Please provide the appropriate drawings
and the anticipated impact quantities.
Site 1
• The design of the proposed stream relocation requires modification. Please redesign the stream to provide
additional sinuosity to flatten the stream slope. The DWQ will not require additional Right-of--Way acquisition
to complete the project. However, within the already acquired Permanent Drainage Easement, please redesign a
stream that adheres to the above mentioned requirements. In the process of increasing the stream sinuosity be
careful not to get the ratio of the Radius of Curvature to Bankfull Width below 2.0. In addition, please provide
a planting plan for the stream riparian buffers and indicate on the design where the buffers will be located.
Site 4
• For the proposed stormwater outfall from the detention basin, please provide the anticipated discharge velocity
for the 10-year storm event.
• On page 3 of your application, the table that describes the proposed change in impacts to Neuse River Riparian
Buffers is different than the information provided in the narrative on page 4. There is a discrepancy of impact
for 2631 square feet of impact. Please provide clarification and an accurate accounting of the anticipated
project impacts.
For your benefit, we have provided the proposed draft conditions that we anticipate will be included in your final
401 Water Quality Certification. While we have attempted to make the conditions below a comprehensive listing,
the possibility always exists that the DWQ may have to include additional or modified conditions in the final 401
Water Quality Certification.
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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Proposed Draft Conditions
NCDOT must follow the 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. During the construction of the project, DOT shall strictly adhere to the Best Management Practices for
the Protection of Surface Waters (NCDOT March 1997), specifically using all applicable preventive and
control measures during the design, construction, and maintenance of the project. These measures shall
be implemented prior to any ground disturbing activities.
3. 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;
4. 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;
5. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened;
6. 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 duect impact from road
construction activities.
7. 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.
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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8. Additional compensatory mitigation for impacts to non-riverine wetlands shall be done for 0.02 acres.
Applying a replacement ration of 2:1, total mitigation for 0.04 acres of non-riverine wetlandsshall be
provided as described below:
Mitigation Site Acres of WL Acres of
Debited from Type of Replacement Mitigation
Site Mitigation Ratio Credited
Wetlands Restoration
Pro am 0.04 Restoration 1:1 0.04
9. 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.
10. No additional compensatory mitigation for impacts to streams shall be required.
11. Compensatory mitigation for impacts to Neuse Riparian Buffers shall be provided for as described below
(Given the discrepancy presented in the application, we are unable to complete the anticipated
impacts in the table below).
Zone of Impacts Replacement Total Square
Impact (Square Feet) Ratio Feet of
Mitigation
Re uired
Zone 1 3:1
Zone 2 1.5:1
Total
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 $0.96 per square
foot for square feet of buffer impact. Therefore, a total payment of
shall be submitted to the NCWRP to offset the impacts for the project. No construction activities in
buffers shall begin until payment for buffer mitigation is made to the NCWRP.
12. 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.
13. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities,
unless approved otherwise by this certification.
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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14. 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.
15. 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.
16. When final design. plans are completed for R-2809A, a modification to the 401 Water Quality
Certification and the Neuse River Riparian Buffer 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. No
construction activities that impact any wetlands, streams, surface waters, or buffers located in R-2809A
shall begin until after NCDOT applies for, and receives a written modification 401 Water Quality Neuse
River Riparian Buffer Certification from the NC Division of Water Quality.
17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
19. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of
their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be
buried at least 12 inches below the stream bottom to allow natural stream bottom material to become
established in the culvert following installation and to provide aquatic life passage during periods of low
flow. These measurements must be based on natural thalweg depths.
20. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the .depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
21. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
22. Heavy equipment must be operated from the banks rather than in any of the stream channels in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream.
23. 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.
24. 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.
25. All work shall be performed during low flow conditions.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
,41an W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

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26. Discharging hydrosee mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
27. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ 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 NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send
in photographs upstream and downstream of each structure to document correct installation.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact John Hennessy at 919-733-5694.
cc: DWQ Raleigh Regional Office
US Army Corps of Engineers Raleigh Field Office
File Copy
C:\ncdot\TIP R-2809\correspondence\01O550modhld.doc
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748