20080540 Ver 1_Approval Letter_20081125

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November 25, 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 and ISOLATED
WETLANDS PERMIT Pursuant to IWGP100000 with ADDITIONAL CONDITIONS for Proposed
Triangle Parkway in Wake and Durham Counties, Federal Aid Project No NHS-54(7), State Project No
39942 1 TA1, TIP No U-4763B
DWQ Project No 20080540
Dear Mr DeWitt
Attached hereto is a copy of Water Quality Certification No 3756 issued to The North Carolina Transit Authority
dated November 25, 2008
If we can be of further assistance, do not hesitate to contact us
Sincerely,
Coleen Sullins,
Director
Attachments
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
Shannon Swettzer, NC Turnpike Authority
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Stephen Roberts, RK&K Consulting Engineers
File Copy
One
NhCarohna
Transportation Permitting Unit NUtll'r,911f
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/ncvvetlands
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
\N H rL,RQG
--- V
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and ISOLATED
WETLANDS PERMIT Pursuant to IWGP100000 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 1973 acres of jurisdictional wetlands
and 8079 linear feet of jurisdictional streams in Wake and Durham Counties The project shall be constructed
pursuant to the application dated received March 19, 2008, and additional information received August 6, 2008 The
authorized impacts are as described below
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 0 0 118 77 195 118
2 0 0 326 23 349 326
4 215 11 0 0 226 0
5 175 0 323 119 617 323
6 0 0 1232 77 1309 1232
7 0 0 0 10 10 0
8 209 0 0 0 209 0
9 697 0 557 0 1254 557
10 186 0 0 0 186 0
11 1781 0 743 38 2562 743
12 0 0 163 60 223 163
14 0 0 0 80 80 0
15 0 0 99 178 277 99
16 113 51 0 0 164 0
17 0 0 236 0 236 236
18 143 39 0 0 182 0
Total 3519 101 3797 662 8079 3797
Total Stream Impact for Project 8,079 linear feet
Wetland Impacts in the Cape Fear River Basin
Site Permanent
Fill
ac Temporary
Fill
ac Excavation
(ac) Mechanized
Clearing
ac Total Wetland
Impact
ac Wetland Impacts Requiring
Mitigation
ac
2 0 0 0 02 0 003 0 023 0 023
3 0 0 006
Isolated 0 006
Isolated 006
Isolated
6 1 12 0 0 0 1 12 1 12
12 01 0 002 006 019 019
13 031 0 0 0 031 031
14 008 019 0 0 027 008
Total 1.61 0.19 0.1 0 063 1913(404)
0 06 (Isolated) 1723(404)
0.06 Isolated
Total Wetland Impact for Project 1973 acres
Node Carohna
Transportation Permitting Unit Nturally
1650 Mad 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
William G Ross Jr, Secretary
'
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Acbon Employer - 50% Recycledl10% Post Consumer Paper
.o?OF w H rE?9QG
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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 March 19,
2008 and additional information dated received November 13, 2008 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 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 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 pernuts 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 3,797 linear feet of impact to perennial streams is required We understand that you
have chosen to perform compensatory rmtigation 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 November 24, 2008 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the MOU
between the NCDENR and US Corps of Engineers, Wilmington Distract, dated November 4, 1998
2 Compensatory nutigation for impacts to 1 783 acres of wetlands is required We understand that you have chosen
to perform compensatory mitigation for impacts to 1 723 acres of 404 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 November 24, 2008 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the MOU
between the NCDENR and US Corps of Engineers, Wilmington Distract, dated November 4, 1998 The applicant shall
secure the mitigation for the remaining 0 06 acres of Isolated wetlands, and submit written proof to DWQ, before
construction of the project begins
3 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 perrmttee shall provide an update on the wetland areas at Site 14,
within three years 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-attamed jurisdictional wetland status, NC DWQ shall determine if
compensatory wetland mitigation will be required
4 A copy of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting The pernuttee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated March 19, 2008 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 nummum of 30 days prior to the preconstruction conference
5 The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations The impacted areas shall be revegetated with appropriate native species
Transportation Permitting Unit
1650 Mad 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/ncvvetlands
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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6 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
7 Bridge deck drams shall not discharge directly into streams or surface waters 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
8 If multiple pipes or barrels are required, they shall be designed to numic 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
9 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
10 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage Bioengmeermg boulders or structures should be properly designed, sized and installed
11 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
12 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
13 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
14 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
15 The use of riprap above the Normal High Water Mark shall be minimized Any nprap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage
16 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
17 Heavy equipment shall be operated from the banks rather than in the stream channel in order to mimmize
sedimentation and reduce the introduction of other pollutants into the stream
18 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
19 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification
Nao hCarohna
Transportation Permitting Unit d ?'utFuially
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
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
OF \ NA rF9 William G Ross Jr, Secretary
\O? QG North Carolina Department of Environment and Natural Resources
Uj p Coleen Sullins, Director
Division of Water Quality
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20 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
21 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
perrmttee and the on-site project manager
22 The pemuttee 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
23 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1, unless otherwise
authorized by this certification
24 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
25 The issuance of this certification does not exempt the Perrrnttee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i a local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc
26 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery
27 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
28 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
29 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
30 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification
31 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
NwhCarohna
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 htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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32 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
Violations of any condition herein set forth may result in revocation of this Certification and may result in crirrunal
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 25th day of November 2008
DIVISION OF WATER QUALITY
e 2 41, ___
Coleen Sullins
Director
WQC No 3756
N?o hCarolina
Transportation Permitting Unit daturalilf
1650 Mad 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
William G Ross Jr , Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper