20091031 Ver 1_Approval Letter_20091026

WAX
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director.
October 26, 2009
Wake County
NCDWQ Project No- 20091031
Falls of Neuse Road (SR 2000)
TIP No. U-4901
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Dean For. P.E.
City of Raleigh, Public Works Department
222 West Hargett Street, Room 400
Raleigh, NC 27602
Dear Mr. Fox:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the followine impacts for the propose of
widening and realignment of Falls ofNeuse Road in Wake County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Temporary Fill Permanent Fill in Temporary Fill in Total Stream Stream
Intermittent in Intermittent Perennial Stream Perennial Stream Impact Impacts
Stream (linear to Stream (linear ft) (linear ft) (linear ft) Requiring
(linear ft) Mitigation
linear ft
1 0 0 14 0 14 0
3 231 0 0 140 371 0
4 32 0 229 0 261 229
Total 263 0 243 140 646 -229
Total Stream Impact for Project: 646 linear feet,
Neuse Riparian Buffer Impacts

Site Zone 1 minas = Zone 1 Zone 1 Buffer - Zone 2 minus =. Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required
? (sq ft) in Zone 2 (not Required (using
(sq ft) (sq to (using 3:1 ratio) , (sq ft) wetlands) LSA ratio)
s fl
2 701 0 701 2103 3023 0 3023 4535
3 8664 0 8664 N/A 5895 0 5895 N/A
4 14325 0 14325 42975 8579 0 8579 12868

'Totals 23690 0 23690 45078 17497 0 17497 17403
* n/a = Impact categorized as "allowable" under Table of Uses; No mitigation required.
Total Buffer Impact for Project: 41,187 square feet.
Transportation Permitting Unit
1650 Wil Service Center, Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Ralegh. North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: h1p:hn20.enr.slate.nc.usrnCSetlandst
One
NorthCarolina
Naturally
An Equl OnWnuniiv; AKnnolive Action Employer
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The project shall be constructed in accordance with your application dated received September 23, 2009 and
additional information received October 9, 2009 and October 22, 2009. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification Number 3704. This certification
corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse
Riparian Buffer Rules (15A NCAC 28.0233). In addition, you should acquire any other federal, state or local
perinits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCD WQ 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 ail the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification as well as those listed below.
Conditions of Certification:
1. Compensatory rrutigation for 229 linear feet of impact to perennial streams is required. We understand that you,.,
have chosen to debit mitigation from the Forrest Creek Mitigation Bank (DWQ Project #20080229)„purchased from
EardaMark Mitigation Services, LLC. This certification gives approval to the debiting of 1.911 linear feet of stream
mitigation from the Forrest Creek Mitigation Bank in order to satisfy the stream mitigation requirements of U-4901.
2. Compensatory mitigation for impacts to Neuse Riparian Buffers is required. The mitigation requirement includes
45,078 square feet of Zone I Buffers and 17,403 square feet of Zone 2 Buffers.- We understand that you have chosen
to debit mitigation from the Forrest Creek Mitigation Bank (DWQ Project #20080229), purchased from EarthMark
Mitigation Services, LLC. This certification gives approval to the.debiting of.62,48 ].square feet of Neuse Buffer from-
the Forrest Creek Mitigation Bank in order to satisfy the buffer mitigation requirements of U-4901..-
3. 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 with vegetation prior to diverting water into the new channel
Vegetation used for bank stabilization shall be limited to native species, and stream banks shall be matted.with coir
fiber matting. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream.
4. The-post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted areas shall berevegetated with appropriate native species. , .
5. Bridge deck drains should 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 Practicer..
6. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from
NCDWQ first.
7. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters.
This water shall be captured, treated, and disposed of properly.
8. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ
in this certification.
9. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways,
or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
10. All Stormwater nmoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
11. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction.
12. Pursuant to NCAC15A 28.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion
conk of devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and
erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
13. Unless otherwise approved in this certification, 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 NCDWQ. If this condition is unable to be met due
to bedrock'or other limiting features encountered during construction, please contact NCDWQ•for guidance on how.to
proceed and to determine whether.or not a permit modification will be required.
14. Riprap shall not be placed in the active thahveg'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.
15. For all streams-being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours -and• revegetated- with appropriate native species:
16. 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`dueto the otential for elevated H and bl ti I;r d f h loll

p p possi a aqua cue an is t s.
17. 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.
18. 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.
19. 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.
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
21. 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.
22. 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.
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. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
5
25. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
26. 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 NCDWQ 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, NCDWQ may reevaluate and modify this certification.
27. A copy of this Water Quality Certification shall be maintained on the constmction site at all times. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project
manager.
28. 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.
29. The issuance of this certification does not exempt the Pemi ttee 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 roles, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
30. The-Permittee shall report any violations of this certification to the Division of Water Quality within.24 hours of
31. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the
401 Certification has been completed.
- 32. 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 ofconstruction. _
33. 'There shall beno 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.
34. 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.
35. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions. please contact Rob Ridings at 919-733-98 17.
Sincerely,
PoleenHins
Director
Cc: Charlie Benton, URS Corporation '
Vince Rhea, NCDOT - .. ..
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office .
Travis Wilson, NC Wildlife Resources Commission
Matt R. Fisher, EafthMark Mitigation Services, LLC
NCDWQ Raleigh Regional Office copy
File Copy

NCDWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 Transportation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form
may be returned to NCD WQ 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
. 1, , 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 BufferRules;rthe approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , 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:
Engineer's Certification
Partial Final
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
Perrinnee 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