20110038 Ver 1_Approval Letter_20110113

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
January 13, 2011
Wake County
NCDWQ Project No. 20110038
1-540 Basin Repair
State Project No. 5.10923113
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. J. Wally Bowman, P.E.,Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
repairing a breached basin on 1-540 in Wake County:
Stream Impacts in the Neuse River Basin -
Site Ri ra on Intermittent Stream (linear ft) Total Stream Impact (linear ft)
1 70 70
Total 70 70
Total Stream Impact for Project: 70 linear feet.
Neuse Riparian Buffer Impacts
Site Zone 1 Impact (sq ft) Zone 1 Buffer Mitigation Zone 2 Impact (sq ft) Zone 2 Buffer Mitigation
Required (using 3:1 ratio) a Required (using 1.5:1 ratio)
1 4200 N/A a9 2800 N/A
?y
Totals 4200 0 2800 0
* 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: 7000 square feet.
The project shall be constructed in accordance with your application dated received January 7, 2011. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3689. This certification corresponds to the Nationwide Permit 13 issued by the Corps of Engineers. This
approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 26.0233). In addition, you should acquire
any other federal, state or local permits 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.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 276991650
Phone: [phone] FAX: [phone] '
Internet:httpJ/h2o.e6r.state.nc:us/ncwedandst ' -^
NorthCarci ina-
Nalurallry
An Equal Opportunity 1 Affirmative Action Employer
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This approval is valid solely far 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 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC.0242(9). For this approval to remain valid, you must adhere to the conditions listed in
the attached certification(s) and any additional conditions listed below.
Conditions of Certification:
1. Proper measures shall be taken to avoid sediment release and/or sediment accumulation downstream as a result of
basin draining.
2. 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.
3. Pursuant to NCAC I5A 26.0233(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.
4. 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.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
6. 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.
7. 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.
8. 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.
9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water b
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.
11. 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.

12. 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 aoy land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
13. 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.
14. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
15. 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.
15. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
17. 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.
18. 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.
19. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.

If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours: The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
.Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 919-807-6403.
Sincerely,
f r 1 Coleen H. Sullins
V Director
Cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
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