20090650 Ver 2_Application_20100514

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
EUGENE A. CONTI, JR.
SECRETARY
May 13, 2010
N.C. Division of Water Quality O V,
O^ O
Transportation Permitting Unit
2321 Crabtree Blvd./Suite 250
Raleigh, NC 27604-2260
Attention: Mr. Rob Riding, NCDOT Project Coordinator
Reference: Neuse Buffer Authorization (DWQ Project No. 20090650 dated 06/04/09)
Subject: Application for WQC No. 3820 for a spot safety project on SR 1006 (Old
Stage Road) in Wake County. The project number is WBS No. 41995.1.
Please note that an application fee was paid for the original buffer
authorization issued June 4, 2009 (see attached) and that the buffer
mitigation requirements linked to this WBS were reported to EEP in
the 2" d QTR 2009 Report.
This application serves to realace the oritinal as it reports both buffer impacts and
surface. water impacts. The North Carolina Department of Transportation (NCDOT)
proposes to improve the safety of this location by widening the curve and wedging the
pavement to reduce traffic running off the roadway here (Figures 1-4). Please note that
the original application dated May 29, 2009 reported only buffer impacts to facilitate this
improvement project. However, upon further design review it is evident that it is also
necessary to have some impacts to the stream at the cross line in this curve. The stream
impacts will be associated with a concrete end wall that is now proposed to the inlet of
this pipe. Additionally, rip rap is proposed to stabilize any disturbed areas at both the inlet
and outlet of this structure and as necessary dewatering methods will be used to maintain
a dry work area.
Impacts to Waters of the United States
The project is located within the Neuse River Basin. An unnamed tributary to Little Black
Creek is the sole jurisdictional resource within the project area. Little Black Creek in this
area has been assigned [NCDENR-DWQ Index No. 27-45-3, Best Usage Classification C
NSW; HUC 03020201]. No designated Outstanding Resource Waters (ORW), High Quality
Waters (HOW), Water Supply I (WS-1), Water Supply 11 (WS-II), or 303d waters occur
within 1.0 mile of the project site. Permanent impacts to this stream will be 43 If associated
with rip rap armoring (17fi at the inlet and 26ft at the outlet) of the 42" CMP structure. A
concrete end wall will also be constructed on the inlet of the pipe by pulling back grass and
Division Five-2612 Nonh Duke Street, Durham, Noilh Carolina 27704
Telephone: [phone] Fax: [phone]
?l
or dirt material making space for the end wall form and then pouring of concrete. The fill
material will be pushed back against this end wall which will allow for a wider shoulder to
support the adjacent minimal widening and pavement wedging. Temporary stream impacts
will be concurrent to rip rap impacts.
Riparian Buffer Impacts
The unnamed perennial tributary to Little Black Creek and an adjacent pond are subject to
the Neuse Buffer Rules. This stream and this pond are depicted on the most recent version of
the Angier (USGS 1964/1981) topographic quadrangle (Figure 1) and the Soil Survey of
Wake County (USDA-SCS, 1970) (Figure 2). Riparian buffer impacts associated with the
proposed widening" and pavement wedging will involve both perpendicular and parallel
impacts. The perpendicular impacts total 1,717SF in Zone 1 and 811 SF in Zone 2. The
perpendicular impacts are less that 40 linear feet and should be exempt. The parallel impacts
total 990SF and should be allowable with mitigation. These impacts remain the same as
originally reported and permitted.
Waters of the U.S./Riparian Buffer Mitigation
Avoidance/Minimization: The project is proposed to improve the safety of this location by
using only minimal widening of 3ft and reducing the proposed shoulder widths by building
out within the existing grass shoulders. This design includes maintaining the existing fill
slopes through this area to avoid lengthening the pipe which would involve surface water fill.
Compensatory Mitigation: Perpendicular riparian buffer impacts as described are exempt.
However the parallel impacts will be allowable with mitigation. Payment into the EEP
Riparian Buffer Mitigation 1n-Lieu Fee Riparian Buffer Restoration Fund is proposed for the
1,485SF of required buffer mitigation.. All compensatory mitigation requirements will be
assimilated on a quarterly basis by NCDOT and provided to the Ecosystem Enhancement
Program (EEP) for their acceptance. These impacts numbers were submitted to EEP in
the 2"d OTR 2009 Report).
Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the ESA. As of May 2009, there are three federally protected species listed for
Wake County. They include the red-cockaded woodpecker (Picoides borealis), dwarf
wedgemussel (Albsmidonta heterodon), and Michaux's sumac (Rhus inichauxii). Please note
that the bald eagle (Haliaeetus leucocephalus) was delisted as of August 8, 2007 and is no
longer protected by the Endangered Species Act. It is however, protected under the Bald and
Golden Eagle Protection Act. This project will have no effect on the bald eagle since no
habitat is present in the project area. Additionally, a review of the Natural Heritage Program
database (last updated April 2010) revealed no occurrences of protected species within the
project area. Therefore, based on lack of suitable habitat observed during the Fall 2008 site
visits and the NHP database review, biological conclusions of No Effect have been rendered
for each species.

Summary
The NCDOT proposes to construct an end wall, rip rap any disturbed areas at the inlet and
outlet of the 42" CMP pipe within this curve, and dewater as necessary to support minimal
widening and pavement wedging. Buffer impacts are also proposed,. but remain the same as
originally reported and authorized. (Perpendicular impacts total 1,717SF in Zone 1 and
811 SF in Zone 2. The perpendicular impacts are less that 40 linear feet and should be
exempt. The parallel impacts total 990SF and should be allowable with mitigation). These
impacts numbers were submitted to EEP in the 2nd QTR 2009 Report).
Application is hereby made for NCDENR-DWQ Section 401 Water Quality Certification
(WQC) No. 3820, to accompany the previously authorized Neuse Riparian Buffer
Authorization. A revised pre-construction notification, new figure 4 showing the stream
impacts, unchanged project mapping, and unchanged buffer impacts figure 3 are attached
with this request. By copy of this letter we are notifying the USACE of the intent to work
under a non-reporting NWP 14. The project number is WBS No. 41995.1. Please note
that an application fee was paid for the original buffer authorization issued June 4,
2009 (see attached) and that the buffer mitigation requirements linked to this WBS
were reported to EEP in the 2"d QTR 2009 Report. If you have any questions or need
additional information, please contact Ms. Heather Montague at [phone]
Sincerely,
Ln J.W. Bowman, P.E.
Division Engineer
cc.' Mr. Eric Alsmeyer, NCDOT Coordinator, U.S. Army Corps of Engineers
Mr. Ben Upshaw, NCDOT DIV 5 Design Construct Engineer
Mr. Steve Halsey, NCDOT Wake County Maintenance Engineer
Ms. Dawn Rierson, NCDOT DIV 5 Roadside Environmental Field Ops
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Office Use Only:
Corps action ID no.
DWQ project no. 20090650
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
F1 Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: non-reporting NWP 14 or General Permit (GP) number:
1 c. Has the_NW P or GP number been verified, by the Corps? ? Yes ®No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No
2. Project Information
2a. Name of project: Proposed spot safety project on SR 1006 (Old Stage Road)
21b. County: Wake
2c. Nearest municipality / town: Fuquay-Varina
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or stale
project no: WBS No. 41995.1
3. Owner Information
3a. Name(s) on Recorded Deed: NCDOT Division 5
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: 2612 N. Duke Street
3e. City, state, zip: Durham, NC 27704
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
31h. Email address: wbowman(a)ncdot.oov
4. Applicant Information (if different from owner) N/A
5. Agent/Consultant Information (if applicable) N/A
Page 1 of 8
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID): N/A
1 b. Coordinates (in decimal degrees):
Site 1: Latitude: 35.5410 Longitude: -78.6971
(DD.DDDDDD) (-DD.0DDDDD)
1c. Property size: 1.0 acre (approximately 750ft x 60ft ROW width)
-2.-Surface-Waters-
2a. Name of nearest body of water (stream, river, etc.) to UT to Little Black Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Sites are surrounded by rural residential properties and agricultural land.
3b. List the total estimated acreage of all existing wetlands on the property:
NONE
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
60 ft
3d. Explain the purpose of the proposed project:
The project is proposed to improve the safety of this curve to reduce the traffic accidents at this location.
3e. Describe the overall project in detail, including the type of equipment to be used:
Curve widening and pavement wedging. Install headwall on inlet of pipe and armoring banks for stabilization. Equipment
may include a backhoe, an excavator, a bull dozer, grader, and paving equipment.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past? ? Yes ® No ? Unknown
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type
El Preliminary E] Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A
Name (if known): N/A Other: N/A
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
Page 2 of 8
PCN Form --Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
61b. If yes, explain.
N/A
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.

-25.
-26.
..26. - -- - -
2d -
-2e. -__ --- -
2f
Weiland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T N/A N/A ? Yes ? Corps N/A
? No ? DWQ
2g. Total Wetland Impacts: NONE
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d.' 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Site 1 ® P ? T UT to ? PER ® Corps 17 inlet
Stream 1 Rip rap armoring Little Black Creek ® INT ? DWQ 1 ft 26 outlet
Site 1 ? P ® T
dewatering UT to ? PER ® Corps
1 ft 43
Stream 1 Little Black Creek ®INT ?DWQ concurrent
3h. Total stream and tributary impacts 43
3i. Comments: Headwall will be added to inlet, rip rap armoring will be added to both ends of the pipe for erosion control.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number- waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary (T)
01 ? P ? T N/A N/A N/A N/A
4f. Total open water impacts NONE
4g. Comments: N/A
Page 3 of 8
PCN Form - Version 1.3 December 10, 2008 Version
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A N/A N/A N/A N/A N/A N/A N/A
P2
5f. Total NONE NONE NONE NONE NONE NONE NONE
5g. Comments: N/A
-5h,-Is-a dam high hazard permit required? ? -- -- - - -
Yes No If yes, permit ID no: N/A
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c 6d. 6e7 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required?
Site ® P ? T spot safety UT to Little Black Crk ? Yes 1,717 SF 811 SF
Buffer Impact 1 ® No perpendicular perpendicular
Site ®P El T spot safety UT to Little Black Crk ® Yes 0 SF 990 SF
Buffer Impact 1 ? No parallel parallel*

61h. Total buffer impacts 1,717 SF 1,801 SF
6i. Comments: *Only 990 SF of BZ2 impacts are parallel. All other portions of the buffer impacts are perpendicular.
D. Impact Justification and Mitigation
1. Avoidance and Minimization .
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project-
The project is proposed to improve the safety of this location by using only minimal widening of 3ft and reducing
the proposed shoulder widths by building out within the existing grass shoulders. This design includes maintaining
the existing fill slopes through this area to avoid lengthening the pipe which would involve surface water fill.
Limited headwall and rip rap armoring will be necessary for safety and erosion control.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and erosion control Best Management Practices for protection of surface waters and riparian buffers will be
enforced during project construction.
Page 4 of 8
PCN Form - Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes Z No
2b. If yes, mitigation is required by (check all that apply): ? DWQ - ? Corps

2c.
If yes, which mitigation option will be used for this project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
41b. Stream mitigation requested: N/A linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 1,485 SF (for parallel buffer impacts to 990 SF in Zone 2)
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Z Yes ? No
61b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zon e 1 N/A N/A 3 (2 for Catawba) N/A
Zone 2 Spot safety 990 1.5 1,485
6f. Total buffer mitigation required: 1,485
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). Payment into the EEP Riparian
Buffer Mitigation In-Lieu Fee Riparian Buffer Restoration ,
6h. Comments: N/A
Page 5 of 8
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la . Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ®No
Comments: this NCDOT transportation facility use is present and ongoing
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? 80%
21b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c . If this project DOES NOT require a Stormwater Management Plan, explain why: NCDOT state Permit No. NCS000250
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: N/A
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Wake County
? Phase II
31b. Which of the following locally-implemented stormwater management programs E] NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? N/A
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HOW
? ORW
(check all that apply): N/A ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? N/A ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? N/A ? Yes ? No
Page 6 of 8
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
- - -letter.)_ . - . - - --- ?Yes ?_No
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ®No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the=fact permit application? ? Yes ®No
2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
N/A
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment. methods and disposition (non-discharge or discha rge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 7 of 8
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
? Yes
®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act El Yes ®No
impacts?
5c. If yes, indicate the USFW S Field Office you have contacted. F] Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
.
httl2://www.fws.gov/nc-es/es/countvfr.htmi and NC Natural Heritage Program Database, Element Occurrences
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.ora/efh coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPO's historic layer using GIS ArcView database
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? http://www.ncfloodmar)s.com/
f1?, J. W. Bowman, P.E. ?? G?? ?2,- OSrl3//o
Applicant/Agent's Printed Name Applicant/Agent's Signatu Date
- (Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 8 of 8
PCN Form - Version 1.3 December 10, 2008 Version
r
NC®ENR ,
North Carolina Department of Environment and Natural Resources
Division of Water Quality $ S ?0
Bevedy Eaves Perdue Coleen H. Sullins (3z man
Governor Director b Secrei3fy
June 4, 2009 j7 At
Wake County
NCDWQ Proj gNo. 2 i0§b_W XEd ? l
SR 1006 0- NCDOf
c? Div5 0.,
SZ t7z £Z Z??U
APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
l? Cr_W ED
Mr. J.W. Bowrrmn, P.E., Division Engineer
NCDOT, Division 5 r as l si %€B.ng,
2612 North Duke Street
Durham, NC 27704 DIVISIW-1 JF H'GHUVAYS
UV ,5 - DJST 3
Dear.Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
safety improvements to?SR 1006 in Wake County:.
Neuse Riparian Buffer Imnacts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
s ft -Re uired (using 3:1 ratio ' s 11 Required (using 1.5:1 ratio
Perpendicular 1717 N/A 811 N/A
Parallel 0 0 990 1485

Totals 1717 0 1801 1485
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 3,518 square feet.
The project shall be constructed in accordance with your application dated received June 1, 2009. This approval is
valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal,
state or local pemuts 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 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 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 (b) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in For this approval to remain valid, you must adhere to the conditions listed below.
Transportation Permitting unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hUp:tfh2o.enr.state.nc.us/ncwettands!
NorthCarolina
naturally
An Caual Opportunity 1 Atfrmalive ACiion Employe;
Conditions of Certification
1. Compensatory mitigation for impacts to 990 square feet of protected riparian buffers in Zone 2 shall be required.
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use
of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable impacts to Neuse Riparian
Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 213.0233. It is
understood that EEP will assume responsibility for satisfying the 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.
2. All riparian buffers impacted by the placement of temporary. fill or clearing activities shall be restored to the
preconstmction 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.
3. Pursuant to NCAC 15A 2B.0233(6) sediment and erosion control devices shall not be placed in Zone I of any
Neuse Buffer without prior approval by NCDWQ. At this time. NCDWQ has approved no sediment and erosion
control 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.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
5. 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.
6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
7. 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.
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to mininuze
sedimentation and reduce the introduction of other pollutants into the stream.
9. 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.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. -
11. 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.
12. 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 Division
Engineer and the on-site project manager.
13. 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.
14. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
15. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that n:ay 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.
16. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 401 Certification has been completed.
17. Native 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.
18. 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.
19. 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-owmed 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.
20. 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 150B 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 919-733-9817.
Sip ely,
r
Coleen H. Sullins
Director
Cc: Chris Murray, Division 5 Environmental Officer
Ecosystem Enhancement Program
File Copy
I ,
NCDWQ Project No.: 200?0¢50
Applicant: 4/12 7707- 17(? 5
Project Name: SR 100(0 (0(d ,SS'h
Date of Issuance of Water Quality Cerl
County:
14/014
OG ?Oy?09
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 NCDWQ 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
I, - , 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:
Agent's Certification -
I, , 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:
Engineer's Certification
Partial Final
Date:
I, , 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
Permittee 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