20071470 Ver 1_Approval Letter_20080301

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
March DRAFT, 2008
Steven D. DeWitt, P.E., Chief Engineer
North Carolina Turnpike Authoity
1578 Mail Service Center
Raleigh, North Carolina, 27699-1578
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Western Wake Freeway (NC 540) in Wake County, Federal
Aid Project No. BRSTP-OOOS(491), State Project No. 6.408006T, TIP No. R-2635.
DWQ Project No. 20071470 ver. 1.
Dear Mr. DeWitt:
Attached hereto is a copy of Water Quality Certification No. 3734 issued to The North Carolina Transit Authority
dated March , 2008.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
Co een Sullins,
Director
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jennifer Harris, NC Turnpike Authority
Dr. Gregory J. Thorpe, NCDOT PDEA
Chris Murray, Division 5 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
File Copy
NorthCarolina
Transportation Permitting Unit altlfr"I'?
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Qualit)<
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
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 .0500. This certification authorizes the NC Turnpike Authority to impact 25.48 acres of jurisdictional wetlands
and 14,959 linear feet of jurisdictional streams in Wake County. The project shall be constructed pursuant to the
application dated received August 30, 2007, and additional information received November 1, 2007. The authorized
impacts are as described below:
Section C Stream Impacts in the Cape Fear River Basin
Site Permanent Fill in
Intermittent Stream
(linear ft) Temporary Impacts
to Intermittent
Stream (linear ft) Permanent Fill
in Perennial
Stream
linear ft Temporary
Impacts to
Perennial Stream
linear ft Total
Stream
Impact
linear ft Stream Impacts
Requiring
Mitigation
linear ft
1 128 0 0 0 128 0
3 0 0 1411 80 1491 1411
10 541 20 0 0 561 0
11 504 35 0 0 539 0
12 538 15 0 0 553 0
15 667 10 0 0 677 0
16 0 0 498 48 546 498
17 0 0 547 65 612 547
19 143 0 0 0 143 0
22 473 40 0 0 513 0
22A 52 20 0 0 72 0
23 0 0 546 50 596 546
24 0 0 172 25 197 172
26 332 0 30 0 362 30
29 232 14 0 0 246 0
29A 0 30 0 0 30
30 0 0 117 40 157 117
Total 3610 184 3321 308 7423
Total Stream Impact for Section C: 7,423 linear feet
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NC?O ?thCarolina
Transportation Permitting Unit ?/Yatur lif
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/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
OF \N /A rfi? William G. Ross Jr., Secretary
\OC? QG North Carolina Department of Environment and Natural Resources
p Coleen Sullins, Director
Division of Water Quality
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Section B Stream Impacts in the Cape Fear River Basin*
Site Permanent Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Total Stream
Impact
linear ft Stream Impacts
Requiring Mitigation
linear ft
3 0 835 835 835
7 1148 0 1148 0
10 0 642 642 642
l0A 266 0 266 0
30 0 282 282 282
35 0 124 124
15 119 0 119
16 431 0 431 0
19 0 21 21 2
22 935 0 935 0
23 0 541 541 541
Total 2899 2445 5344 2445
Total Stream Impact for Section B: 5,344 linear feet
*Phased Project.- impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Section A Stream Impacts in the Cape Fear River Basin*
Site Permanent Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Total Stream
Impact
linear ft Stream Impacts
Requiring Mitigation
linear ft
1 74 0 74 0
2 305 0 305 0
5 0 103 103 10
6 0 447 447 447
7 0 450 450 450
11 276 0 276 0
12 0 537 537 537
Total 655 1537 2192 1537
Total Stream Impact for Section A: 2,192 linear feet
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
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No Carolina
Transportation Permitting Unit Ntura!!y
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
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Qualityr
Section C Wetland Impacts in the Cape Fear River Basin
Site Permanent Fill
ac Temporary Fill
ac Hand Clearing
ac Total Wetland Impact
ac Wetland Impacts Requiring
Mitigation ac
1 0.77 0 0 0.77 0.77
3 1.51 0 0 1.51 1.51
4 0.13 0 0 0.13 0.13
5 0.06 0 0 0.06 0.06
6 0.82 0 0 0.82 0.82
7 0.23 0 0 0.23 0.23
8 0.35 0 0 0.35 0.35
10 0.36 0 0 0.36 0.36
12 0.36 0 0 0.36 0.36
13 0.99 0 0.50 1.49 0.99
14 0 0 2.16 2.16 0
15 0.22 0 0 0.22 0.22
16 0.50 0 0 0.50 0.50
17 1.60 0 0 1.60 1.60
21 2.06 0 0.58 2.64 2.06
25 0.14 0 0 0.14 0.14
26 0 0.04 0.29 0.33 0
27 0.58 0 0 0.58 0.58
28 0.58 0 0 0.58 0.58
Total 11.26 0.04 3.53 14.83 11.26
Total Wetland Impact for Section C: 14.83 acres.
Section B Wetland Impacts in the Cape Fear River Basin*
Site Permanent Fill ac Total Wetland Impact ac Wetland Impacts Requiring Mitigation ac
1 0.53 0.53 0.53
2 0.03 0.03 0.03
4 1.02 1.02 1.02
5 2.70 2.70 2.70
9 0.26 0.26 0.26
11 0.12 0.12 0.12
17 0.04 0.04 0.04
18 0.06 0.06 0.06
19 1.23 1.23 1.23
20 0.11 0.11 0.11
21 0.55 0.55 0.55
24 0.06 0.06 0.06
25 0.01 0.01 0.01
29 0.18 0.18 0.18
31 0.10 0.10 0.10
32 0.03 0.03 0.03
33 0.03 0.03 0.03
34 0.05 0.05 0.05
Total 7.11 7.11 7.11
Total Wetland Impact for Section B: 7.11 acres.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
One
rthCarolina
No
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: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality

Section A Wetland Impacts in the Cape Fear River Basin *
Site Permanent Fill ac Total Wetland Impact ac Wetland Impacts Requiring Mitigation ac
3 0.06 0.06 0.06
4 0.12 0.12 0.12
8 1.03 1.03 1.03
9 0.19 0.19 0.19
10 0.37 0.37 0.37
Total 1.77 1.77 1.77
Total Wetland Impact for Section A: 1.77 acres.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Section C Open Water (Ponds) Impacts in the Cape Fear River Basin
Site Permanent Fill in Open Waters ac Temporary Fill in Open Waters ac Total Fill in Open Waters ac
2 1.11 0 1.11
8 1.55 0 1.55
9 0.69 0 0.69
14 0.20 0 0.20
15 0.61 0 0.61
18 0.58 0 0.58
19 1.16 0 1.16
20 0.91 0 0.91
Total 6.81 0 6.81
Total Open Water Impact for Section C: 6.81 acres.
Section B Open Water Ponds Impacts in the Cape Fear River Basin*
Site Permanent Fill in Open Waters ac Temporary Fill in Open Waters ac Total Fill in Open Waters ac
8 1.12 0 1.12
12 0.93 0 0.93
13 0.12 0 0.12
14 1.04 0 1.04
Total 3.21 0 3.21
Total Open Water Impact for Section B: 3.21 acres.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Section A Open Water (Ponds) Impacts in the Cape Fear River Basin*
Site Permanent Fill in Open Waters ac Tempo arFill in O Waters ac Total Fill in Open Waters ac
11 1.21 0 1.21
Total 1.21 0 1.21
Total Open Water Impact for Section A: 1.21 acres.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
NhCarolina
onlt
Transportation Permitting Unit aturrat4ry
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 Employer- 50% Recycled/10% Post Consumer Paper
O? W H ffi? William G. Ross Jr., Secretary
\C? QG North Carolina Department of Environment and Natural Resources
y Coleen Sullins, Director
t; Division of Water Quality,
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin 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 dated received August
30, 2007. 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
f?Ma Ytz responsible for complying with all the conditions. If any 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
4wc? 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 on the same day as the
expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
1. Compensatory mitigation for impacts to 7,303 linear feet of perennial streams at a replacement ratio of 1:1 is
required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations
of 640 linear feet of UT Reedy Branch at Site 3, Section C. The onsite stream relocation shall be constructed in
accordance with the design submitted in your August 30, 2007 application and additional information received
November 1, 2007. Please be reminded that as-builts for the completed streams shall be submitted to the North
Carolina Division of Water Quality 401 Wetlands 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. 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. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. Riparian area success shall be determined by conducting stem counts to ensure a tree
survival rate of 320 stems/acre. The monitoring shall be conducted annually for a minimum of 3 years after final
planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to
DWQ in a final report within sixty (60) days after completing monitoring. After 3 years the NC Turnpike Authority
shall contact the DWQ to schedule a site visit to "close out" the mitigation site.
3. Compensatory mitigation for the remaining 6,663 linear feet of impact to perennial streams is required. We
understand that you have chosen to perform compensatory mitigation for impacts to streams through the North
Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the
project. EEP has indicated in a letter dated July 18, 2007 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-
Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004.
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4. Compensatory mitigation for impacts to-25-4 acres of wetlands is required. We understand that you have chosen
to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement
Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter
dated July 18, 2007 that they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22,
2003 and the Dual-Party MOA signed on April 12, 2004
NorthCarolina
Transportation Permitting Unit alundy
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 Employer- 50% Recycled/10% Post Consumer Paper
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
5. When final design plans are completed for R-2635 Sections A and B, a modifications to the 401 Water Quality
Certification shall be submitted with four 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-2635 Sections A or B shall begin until after the permittee applies for, and receives a written modification of the 401
Water Quality Certification from the NC Division of Water Quality.
6. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area
from re-attaining jurisdictional wetland status, the permittee shall provide an update on the wetland areas at Site 26,
section C, one year after the temporary impact is finished. This update will consist of photographs and a brief report
on the progress of this temporarily impacted area in re-attaining wetland jurisdictional status. If the wetland area
temporarily impacted by this project has not re-attained jurisdictional wetland status, NC DWQ shall determine if
compensatory wetland mitigation will be required.
7. A copy of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated August 30, 2007. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Quality. Also, the Division of Water
Quality shall be notified a minimum of 30 days prior to the preconstruction conference.
8. The North Carolina Turnpike Authority shall acquire its NPDES permit from DWQ before this highway can be
opened to the public. Written notification shall be made to the Transportation Permitting Unit to comply with this
condition.
9. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited impact to
upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to
avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond
draining techniques will create significant disturbance to native aquatic species, additional measures such as collection
and relocation may be necessary to prevent a significant fish kill. The permittee shall consult with NC Wildlife
Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to
these species. The permittee shall observe any natural channel re-establishment, or utilize natural channel
construction techniques, to ensure that the jurisdictional stream channel above and below the drained pond remain
stable, d that no additiopnal im c Our ewithin the natural stream c nnel as a result of draining the pond.
10. he post-construction removal of any tge stru ctures must re the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
11. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
13. If multiple pipes or barrels are required, they shall 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.
No thCarohna
atura!!y
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htti)://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
OF William G. Ross Jr., Secretary
`QN QG North Carolina Department of Environment and Natural Resources
y Coleen Sullins, Director
Division of Water Quality
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14. 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.
15. Riprap shall 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.
16. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
17. 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.
18. 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.
19. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
20. 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.
21. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
22. All work in or adjacent to stream waters shall be conducted in 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.
23. 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.
24. 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.
25. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
27. 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.
Transportation Permitting Unit
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 Employer- 50% Recycled/10% Post Consumer Paper
O??F w >-? '4?RQG
r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
28. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
29. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the
permittee and the on-site project manager.
30. 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.
31. 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, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
33. Upon completion of the project (including any impacts at associated borrow or waste site), the project manager
shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in
the 401 Certification has been completed.
34. Native woody riparian vegetation (i.e., 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.
35. 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 in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
36. 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.
37. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
One
thCarolina
Nor
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: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
OF vv H r??
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality,
'
38. The onsite project manager shall schedule monthly review meetings once construction on impact areas begins.
These meetings will be scheduled with DWQ and other interested resource agencies (USCOE, WRC, USFWS,
NCDOT, etc). At the agencies' discretion, these meetings may be less frequent as project nears completion.
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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of
the 404 or CAMA 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 _th day of March 2008
DIVISION OF WATER QUALITY
Y
Coleen Sullins
Director
WQC No. 3734
NorthCarolina
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: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper