20090104 Ver 2_Approval Letter_20100526

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - Coleen H. Sullins
Governor Director
May 26, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS for Proposed improvements to US 401 in Wake County, Federal Aid
Project No. STP-401(4), State Project No. 81403001, TIP No. R-2814 (B).
NCDWQ Project No. 20090104 ver.2.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3790 issued to The North Carolina Department of
Transportation (NCDOT) originally dated June 16, 2009.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
Coleen H. Sullins
Director
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
Ecosystem Enhancement Program
Rachelle Beauregard, NCDOT NEU
Travis Wilson, NC Wildlife Resources Commission
File Copy
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. http:iih2o.encstate.nc.us!nmetlandsl
One
NorthiCarolina
Natumllry
An Equal Onporlunily 1 Atrnnatrve Aclior, Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act,
NEUSE BUFFER RULES, 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 (NCDWQ) Regulations in
15 NCAC 2H.0500 and 15A NCAC 213.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000.
This certification authorized the NCDOT to impact 2.7 acres of jurisdictional wetlands, 1.58 acres of isolated
wetlands, 3,824 linear feet of jurisdictional streams and 496,980 square feet of protected riparian buffers in Wake
County. The project shall be constructed pursuant to the modification dated received May 19, 2010. The revised
authorized impacts are as described below:
Final Section B Stream Impacts in the Neuse River Basin
Site Permanent
Fill in
Intermittent
Stream
linear ft Temporary
Impacts to
Intermittent
Stream
linear ft Bank
Stabilization to
Intermittent
Stream
linear ft Permanent
Fill in
Perennial
Stream
linear ft Temporary
Impacts to
Perennial
Stream
linear ft Bank
Stabilization
to Perennial
Stream
linear ft Total
Stream
Impact
(linear
ft Stream
Impacts
Requiring
Mitigation
linear ft
1 243 18 0 0 0 0 261 0
4 0 0 0 95 10 20 125 0
6 0 0 0 0 25 14 39 0
7 0 0 0 321 66 47 434 368
7-
Utili 0 0 0 3 0 0 3 0
8 0 0 .0 355 18 153 526 508
9 0 0 0 610 20 0 630 610
it 0 0 0 0 10 0 10 0
12 258 0 0 0 0 0 258 0
16, 0 0 0 189 23 135 347. 324
18 36 14 33 0 0 0 83 0
Total .537 32 33 1573 172 369 2716 1810
Total Revised Section B Stream Impact: 2716 linear feet.
Final Section B Wetland Impacts in the Neuse River Basin
Site Permanent Fill
ac Excavation
ac Mechanized
Clearing ac Total Wetland
Impact ac Mitigation
Ratio Wetland Mitigation
Required ac
2 0.17 <0.01 0.02 0.19 Li 0.19
3 0.22 0 0.01 0.23 1:1 0.23
4 0.24 <0.01 0.01 0.25 1:1 0.25
5 0 0.01 0 0.01 2:1 0.02
7 0.65 0.10 0.09 0.84 1:1 0.84
7-
Utility <0.01 0 0.02 0.02 1:1 0.02
13 0.19 0 0 0.19 2:1 0.38
14 0.36 <0.01 0.06 0.43 2:1 0.86
17 0.38 0 0 0.38 1:1 0.38
Total 2.21 0.12 0.21 2.54 3.17
Total Revised Section B Wetland Impact: 2.54 acres.
Final Section B Isolated Wetland Impacts in the Neuse River Basin
Site Permanent Fill
ac Total Wetland
Impact ac Mitigation
Ratio Wetland Mitigation
Required ac
15 1.58 1.58. 1:1 1.58
Total 1.58 1.58 1.58
Total Section B Isolated Wetland Impact: 1.58 acres.
Final Section B Open Water (Ponds) Impacts in the Neuse River Basin
Site Fill in Open Waters ac
5 1.53
9 1.31
11 7.29
Total 10.13
Total Revised Section B Open Water Impact: 10.13 acres.
Final Section B Neuse Riparian Buffer Impacts
Site Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(sq ft) = Zone 1
Buffers (not
wetlands)
(sq ft) Zone 1 Buffer :4
Mitigation y'
Required
(using 3:1 ratio) Zone 2
Impact
(sq ft) minus
Wetlands
in Zone 2
(sq ft) = Zone 2
Buffers
(not
wetlands)
s ft Zone 2 Buffer
Mitigation
Required (using
1.5:1 ratio)
1 13743 0 13743 41229 9262 0 9262 13893
2 0 0 0 0 6 6 0 0
5 24086 3937 20149 60447 16852 1399 15453 23180
6 856 0 856 N/A 0 0 0 N/A
7 31468. 26830 4638 13914 16685 8158 8527 12790
7-
Utility 208 0 208 N/A 835 0 835 N/A
8 28702 0 28702 86106 15200 0 15200 22800
9 53503 0 53503 160509 31621 0 31621 47432
10 2133 0 2133 6399 4772 0 4772 7158
11 25288 0 25288 75864 14205 0 14205 21307
12 17088 0 17088 51264 15041 0 15041 22562
15 19154 16637 2517 7551 15890 8113 7777 11665
16 19724 0 19724 59172 10366 0 10366 15549
18 3475 0. 3475 N/A 1585 0 1585 N/A
Totals 239428 47404 192024 562455 152320 17676 134644 198336
* n/a = Total for road crossing site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Revised Section B Buffer Impact: 391,748 square feet. -
Note: Revised impact tables for Section B replace the preliminary section B impacts in the original Water
Quality Certification. No changes have been made for Section A in this modification.
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 modified application dated
received May 19, 2010. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated June 16, 2009 still apply except where superceded by this certification. Should
your project change, you are required to notify 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.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. When final design plans are completed for R-2814 Sections C & D, a modification to the 401 Water Quality
Certification and the Neuse River Riparian Buffer Certification shall be submitted with five copies and fees to the NC
Division of Water Quality. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for
impacts to wetlands, streams, and other surface waters, and buffers. No construction activities that impact any
wetlands, streams, surface waters, or buffers located in R-2814 Section C and D shall begin until after the permittee
applies for, and receives a written modification of the 401 Water Quality Certification and the Neuse River Riparian
Buffer Authorization from the NC Division of Water Quality.
2. Compensatory mitigation for 2,371 linear feet of impact to perennial streams is required. We understand that you
have chosen to debit mitigation from the Marks Creek Mitigation Bank. This certification gives approval to the.
debiting of 2,371 linear feet of stream mitigation from the Marks Creek' Mitigation Site in order to satisfy the stream
mitigation requirements of R-2814 A and B.
3. Compensatory mitigation for impacts to jurisdictional and isolated wetlands is required. The mitigation
requirement includes 3.40 acres of jurisdictional wetlands and 1.58 acres of isolated wetlands. We understand that you
have chosen to debit mitigation from the Jefferey's Warehouse Mitigation Bank. This certification gives approval to'
debiting following wetland acres from the Jefferey's Warehouse Mitigation Site in order to satisfy the wetland : -
mitigation requirements of R-2814 A and B: ...
Riverine Wetland Restoration: 2.62 acres
Non-Riverine Wetland Restoration: 1.77 acres
Riverine Wetland Preservation: 2.95 acres (0.59 acres times 5:1 preservation ratio)
4. Compensatory mitigation for impacts to Neuse Riparian Buffers is required. The mitigation requirement includes
744,690 square feet of Zone 1 Buffers and 245,057square feet of Zone 2 Buffers.
(a) We understand that you have chosen to debit mitigation from the Wiggins Mill Mitigation Bank. This
certification gives approval to the debiting of 985,325 square feet of Neuse Buffer from the Wiggins Mill. -
Mitigation Site in order to partially satisfy the riparian buffer mitigation requirements of R-2814 A and B.
(b) We understand that you have chosen to perform the 4,422 square feet of remaining 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 26.0233. EEP has indicated in a letter dated May 11, 2010 that they will
assume responsibility for satisfying the remaining compensatory mitigation requirements of 4,422 square feet for
the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party
MCA signed on April 12, 2004.
5. At locations where ponds will be drained, proper measures will be taken to drain the pond with limited impact to
upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to
avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond
draining techniques will create significant disturbance to native aquatic species, additional measures such as collection
and relocation may be necessary to prevent a significant fish kill. NCDOT shall consult with NC Wildlife Resources
staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to these
species. The pertnittee shall observe any natural channel re-establishment, or utilize natural channel construction
techniques, to ensure that the jurisdictional stream channel above and below the drained pond remains stable, and that
no additional impacts occur within the natural stream channel as a result of draining the pond.
6.. Prior to the pre-construction meeting, the permittee shall provide written verification that the final construction
I? drawings comply with the permit drawings contained in the application dated received May 19, 2010. Any deviations
from the approved drawings are not authorized unless approved by the NC Division of Water Quality.
7. 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 downstream 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.
8. 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.
9. 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.
10. 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.
11. For project sites impacting waters classified by the NC Environmental Management Commission as High Quality
Waters (HQW), or Water Supply I or If (WSI, WSII), (i.e., Cedar Fork Creek, Perry Creek, and their tributariesin -
Section B), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the
site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing
vegetated buffers is strongly discouraged.
12. The permttee shall use /Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas
draining to WS-II, HQW waters (i.e., Cedar Fork Creek, Perry Creek and their tributaries). However, due to the size
of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of
uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be
planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control.
13. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas.
For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with
appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following
exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices
such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes,
or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a
nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover
within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and
limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures.
Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are
defined as a distance 25 feet landward from top of stream bank.
14. 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. However, due to
the size of the project, NC DOT shall not be required to meet 15A NCAC 4B.0124(a) regarding the maximum
amount of uncovered acres.
15. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
16. 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 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.
17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
18. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
19. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
20. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
21. 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.
25. Discharging hydroseed mixtures and washing out hydroseeders and.other equipment in or adjacent to surface.
waters is prohibited:
26. 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 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
28. 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.
29. 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.
30. The issuance of this certification does not exempt the Pertnttee 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.
31. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
32. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
1 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.
33. 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.
34. 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.
35. 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.
36. 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 26th day of May 2010
DIVISION OF WATER QUALITY
,e Coleen H. Sullins
Director
WQC No. 3790