20061232 Ver 2_Approval Letter_20120501

AGA
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
Dee Freeman
Secretary
May 1 2012
Wake County
DWQ Project No 20061232 ver 2
SR 2542 at SR 2551
State Project No 40181 (RS2574)
RE APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr J W 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
intersection improvements to SR 2542 at SR 2551 in Wake County
Stream Imnacts in the Neuse River Ras>In
Site
Culvert Impact to
Riprap Armoring
Temporary Dewatermg to
Total Stream
Intermittent
to Intermittent
Intermittent Stream
Impact
Stream linear ft)
Stream linear ft
linear ft
linear ft
1
51
10
61 (concurrent)
61
51
10
61 (concurrent)
61
Total
(sq ft)
in Zone 2
(not
Required (using
Total Stream impact for Protect 61 linear feet
Neuse Rlnarlan Buffer Imnacts
Site
Zone 1
minus
= Zone 1
Zone 1 Buffer
Zone 2
minus
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigation
Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone I
wetlands)
Required
(sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3 1 ratio)
(sq ft)
wetlands)
15 1 ratio)
(sq ft)
1
3 040
0
3 040
N/A
993
0
993
N/A
3 040
0
3 040
0
993
0
993
0
Totals
rva = Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required
Total Buffer Impact for Project 4,033 square feet
The project shall be constructed in accordance with your application dated received April 27 2012 After reviewing
your application we have decided that these impacts are covered by General Water Quality Certification Numbers
3886 This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers This approval
is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B 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 This certification replaces the one issued on August 16, 2006
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www rimaterauality ora
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Aaturallry

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 DWQ 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) For this approval to remain valid you must adhere to the
conditions listed in the attached certification as well as those listed below
Conditions of Certification
1 Placement of culverts and other structures in waters streams and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches to allow low flow passage of water and aquatic life
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream
and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock or other limiting
features encountered during construction please contact the NC DWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required
2 Riprap should 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
3 All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted
Channel relocations will be completed and stabilized prior to diverting water into the new channel Vegetation used
for bank stabilization shall be limited to native woody species and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent
practical A transitional phase incorporating coir fiber and seedling establishment is allowable Also rip rap may be
allowed if it is necessary to maintain the physical integrity of the stream
4 All stormwater runoff shall be directed as sheetflow through grass swales and stream buffers at nonerosive
velocities as indicated in the permit application
5 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated 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 DOT 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
6 Pursuant to NCACISA 2B 0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ At this time the NCDWQ has approved no sediment and
erosion control devices in Zone 1 outside of the approved project impacts anywhere on this protect 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
7 If concrete is used during construction a dry work area should be maintained to prevent direct contact between
curing concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills
8 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
9 The dimension pattern and profile of the stream above and below the crossing should not be modified
Disturbed floodplams and streams should be restored to natural geomorphic conditions
10 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

11 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
12 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
13 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
14 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
15 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
16 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 DWQ 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 DWQ may reevaluate and modify this certification
17 A copy of this Water Quality Certification shall be posted 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
18 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
19 Upon completion of the project the NCDOT Division Engineer shall complete and return the enclosed
Certification of Completion Form to notify DWQ when all work included in the 401 Certification has been
completed
20 Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction
21 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 be located in wetlands or streams
compensatory mitigation will be required since that is a direct impact from road construction activities
22 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

NCDWQ Project No
Applicant
Protect Name
Date of Issuance of 401 Water Quality Certification
County
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 Permittmg
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
Agent s Certification
Date
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 Certeflcation
Date
Partial Final
I as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full tune) 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
Date
Registration No

23 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification If placement of sediment and erosion control devices in wetlands and waters is unavoidable they
shall be removed and the natural grade restored upon completion of the project
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 OOpm 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 [phone]
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 919 791 8716
Sincerely
Charles Wakild
Director
Attachments (General Certification and Certificate of Completion form)
cc Chris Murray Division 5 Environmental Officer
Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office
File Copy