20091095 Ver 1_Acceptance Letter_20100121

,11
Acosystem
PROGRAM
October 20, 2009
Sammy Wood, PE
City of Raleigh Public Works Dept.
PO Box 590
Raleigh, NC 27602
Project: Jones Sausage Road Widening and Realignment
RIMEOW120
JAN 2 1 2010
DENR•WATMOt lO
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Expiration of Acceptance: July 20, 2010
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be,approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You?must also comply with all other state, federal m local
govemment permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.ncccp.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Neuse 03020201 0 0 86 3.03 0 0 50,094 30,057
Credits Neuse 03020201 0 0 172 6.06 0 0 150,282 45.086
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the.
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
It you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
ClNt"J"
cc: Cyntli Karoly, NCDWQ Wetlands/401 Unit
James Shern, USACE-Ralcigh
Gail Tyner, agent -
File

Willi D. Gilmore,, PE
Director
Reston .. F .. PYDtEGt Ottr state e A
?• NCDENR
`North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
401 Water-Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, 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 (NCDWQ) Regulations in
15 NCAC 2H.0500 and 15A NCAC 2B.0233. This certification authorizes the City of Raleigh to impact 3.52 acres
ofjurisdictional wetlands, 904 linear feet ofjurisdictional streams and 80,149 square feet of protected riparian
buffers in Wake County. The project shall be constructed pursuant to the application dated received October 15,
2009 and additional information received October 30, 2009. The authorized impacts are as described below:
Stream ImnaetS in the Neuse River Basin
Site Permanent Fill in
Intermittent
Stream (linear ft) Temporary Fill in
Intermittent
Stream (linear ft) Permanent Fill in
Perennial Stream
(linear ft) Temporary Fill in
Perennial Stream
(linear ft) Total Stream
Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
G-1 0 0 127 26 153 0
H-1 0 0 216 0 216 216
H-2 0 0 40 0 40 40
H-3 0 0 84 0 84 84
1-1 0 0 258 0 258 258
J-1 153 0 0 0 153 0
Total 153 0 725 26 904 598
Total Stream Impact for Project: 904 linear feet
Wetland Imnacts in the Neuse River Basin
Site Permanent Fill
ac Temporary Fill
ac Total Wetland Impact
ac Wetland Impacts Requiring
Mitigation ac
A-1 0.81 0 0.81 0.81
A-2 0 0.07 0.07 0
A-3 0 0.21 0.21 0
A-4 0 0.01 0.01 0
B-1 0.36 0 0.36 0.36
B-2 0 0.05 0.05 0
B-3 0 0.01 0.01 0
C-1 0.07 0 0.07 0.07
C-2 0.13 0 0.13 0.13
C-3 <0.01 0 <0.01 0.01
D-1 1.56 0 1.56 1.56
D-2 0 0.06 0.06 0
D-3 0 0.03 0.03 0
D-4 0 0.01 0.01 0
E-1 0.02 0 0.02 0.02
E-2 0.09 0 0.09 0.09
E-3 0 0.02 0.02 0
F-l <0.01 0 <0.01 0
Total 3.05 0.47 3.52 3.05
Total Wetland Impact for Project: 3.52 acres.
Neuse Riparian Buffer m pacts
Site Zone 1 Impact
(sq ft) Zone 1 Buffer Mitigation Zone 2 Impact
Required (sq ft)
(using 3:1 ratio Zone 2 Buffer
Mitigation Required
(using 1.5:1 ratio
R R-SI 8276 N/A 4792 N/A
R R-S4b 10890 32670 6098 9148
RQR-S4c 3049 9148 2614 3920
RQR-S4d 6098 18295 3920 5881
JS-SI/JS-S2 21780 65340 12632 18949
Totals 50093 125453 30056 37898
* n/a = Impact allowable, no mitigation required
Total Buffer Impact for Project: 80,149 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 October
15, 2009 and additional information received October 30, 2009. Should your project change, you are required to
notify the NCDWQ 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 02B.0242. 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 598 linear feet of impact to perennial streams is required. We understand that you
have chosen to debit mitigation from the City of Raleigh's Maple Ridge Stream Restoration mitigation bank. This
certification gives approval to the debiting of 598 linear feet of stream mitigation from the Maple Ridge Mitigation
Site (DWQ 420061107) in order to satisfy the mitigation requirements of this project.
2. Compensatory mitigation for 3.05 acres of riparian wetlands is required. We understand that you have chosen to
perform compensatory mitigation through use of the North Carolina Ecosystem Enhancement Program (EEP). This
has been determined by DWQ to be a suitable method to meet the mitigation requirement. EEP has indicated in a
letter dated October 20, 2009 that they will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the above-referenced project. Please contact EEP to confirm the
appropriate amount to pay for this mitigation. No impacts from this approval may occur until the NC EEP receives
and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office). A cupy of your receipt
must be forwarded to the DWQ Transportation Permitting Unit before any impacts take place.
3. Mitigation for 41,817 square feet of Zone I Neuse Buffer and 25,264 square feet of Zone 2 Neuse Buffer impacts
is required. We understand that you have chosen to perform compensatory mitigation through use of the North
Carolina Ecosystem Enhancement Program (EEP). This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. EEP has indicated in a letter dated October 20, 2009 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above-referenced project In
accordance with 15A NCAC 2B .0242, this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(9)(C). Please contact EEP to confirm the appropriate amount to pay for this mitigation.
No impacts from this approval may occur until the NC EEP receives and clears your check (made payable to: DENR
- Ecosystem Enhancement Program Office). A copy of your receipt must be forwarded to the DWQ Transportation
Permitting Unit before any impacts take place.
4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams 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.
5. 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.
6. 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.
7. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible
for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be
temporary and be revegetated with native riparian species.
9. 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.
10. 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.
11. 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 Practices.
12. 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.
13. 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.
14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ
in this certification.
15. 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.
16. All Stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities
17. 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 public
transportation 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.
18. Pursuant to NCAC15A 2B.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
control devices in Zone I, 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 I is not compromised and that
discharge is released as diffuse flow.
19. 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.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S.,
wetlands, or protected riparian buffers.
21. 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.
22. 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.
23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
24. 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.
25. 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.
26. 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.
27. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
28. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
29. 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.
30. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
31. A copy of this Water Quality Certification shall be maintained on the construction 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.
32. 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.
33. 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.
34. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
35. Upon completion of the project (including any impacts at associated borrow or waste sites), the project manager
shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included
in the 401 Certification has been completed.
36. 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.
37. 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.
38. 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.
39. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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 21st day of January 2010
DIVISION OF WATER QUALITY
i
goleen H. Sullins
Director
WQC No. 3815