20040092 Ver 2_Approval Letter_20080205

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February 5, 2008
Wake County
DWQ Project No. 20040092 ver.2
Edwards Mill Road Extension
RE-ISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Jed Niffenegger, PE
City of Raleigh Public Works Department
PO Box 590
Raleigh, NC 27602
Dear Mr. Niffenegger:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
extending Edwards Mill Road in Wake County:
Stream Impacts in the Neuse River Basin
Site Permanent Fill in Perennial
Stream linear ft Temporary Fill in Perennial
Stream linear ft Total Stream
Im act linear ft Stream Impacts Requiring
Miti ation linear ft
1 156 0 156 156
2 20 0 20 N/A
Total 176 0 176 156
*n/a =Total for Site is less than 1501inear feet of impact, no mitigation required
Total Stream Impact for Project: 1761inear feet.
Neuse Riparian Buffer Impacts
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 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
A 15718 0 15718 47154 15493 0 15493 23239.5
Totals 15718 0 15718 47154 15493 0 15493 23239.5
Total Buffer Impact for Project: 31,Z'll square feet.
The project shall be constructed in accordance with your original application dated received July 29, 2004 and
revised December 14, 2004, as well as your re-issuance request dated received January 2, 2008. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3704. 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 previous version issued March 23, 2005 and expired
March 17, 2007.
N.,oQ~e~Carolina
Transportation Permitting Unit r/Ylltura!!lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http:/lh2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

~ ~(~f/~~-~. Michael F. Easley, Governor
O , ~Q William G. Ross Jr., Secretary
`~~ QG North Carolina Department of Environment and Natural Resources
Vj q Coleen Sullins, Director
] Division of Water Quality
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 1501inear 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. Compensatory mitigation for 1561inear feet of impact to perennial streams is required. We understand that you
have ,chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a receipt dated October 18, 2005 that you have paid the required mitigation fee and they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-
referenced project.
2. Compensatory mitigation for impacts to 15,718 square feet of protected riparian buffers in Zone 1 and 15,493
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 Neuse Riparian Buffers shall be provided in the
Neuse River Basin and done in accordance with 15A NCAC 2B.0233. EEP has indicated in a receipt dated October
18, 2005 that you have piad the required mitigation fee and they will assume responsibility for satisfying the
compensatory mitigation requirements for the above-referenced project.
3. 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.
4. 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.
5. 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.
6. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
7. The permittee shall provide written verification that the final construction drawings comply with the permit
drawings contained in the application, if requested in writing by DWQ. Any deviations from the approved drawings
are not authorized unless approved by the NC Division of Water Quality.
No~thCarolina
Transportation Permitting Unit QtllCll!!j~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto:/Ih2o.enr.state.nc.usJncwetlands
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled/10% Post Consumer Paper

~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
W A TE North Carolina Department of Environment and Natural Resources
C7~ ~ Coleen Sullins, Director
Q~ ~G Division of Water Quality
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eetflow through streambuffers at nonerosive velocities, unless
g. All stormwroved by thishcertfia t on. d as sh
otherwise app ora fill or clearing activities shall be restored to the
acted by p ermanently revegetated with non-woody
the lacement of temp D' u ose of this condition,
9. All riparian buffers imp etated. Maintained buffers shall be p ect to regular DOT
preconstructionrontours and reveg eason following completion of construction. For the p ~
the end of the growing ermanently revegetated,
species by re defined as areas within the transponrtatri~ ~ a buffers shall be p ubl
maintained buffer areas a mowing The area with non completion of construction.
s ecies before the next growing season following
maintenance activities including laced in Zone 1 of any
with native woody p
6 sediment and erosion control devices shall not e ro ect. Moreover,
the NCDW Q has approved no sediment and
10. Pursuant to NCACI SA 2B.0233( )'the NCDWQ~ At this time, where on this p j
royal by roved project impacts, any
Neuse Buffer without prior app rovided that Zone 1 is not
erosion control devices in Zone 1, outside of the app
nt and erosion control devices shaled as diffuse flowone 2 of the buffers p en
sedime e is releas
compromised and that discharg revent direct contact beewd to
construction, a dry work area shall be maintained to p
11. If concrete is used during Water that inadvertently contacts uxi life and fi h killsall not be discharg
coring concrete and stream water. g and possible aqua
surface waters due to the potential for elevated p
t no staging of equipment of any kind is permitted in waters of the U.S., or
~,
.' 12 During the construction of the prolec ,
;~'~ protected riparian buffers. shall not be modified.
~ ension, pattern and profile. of the stream above andb m ~~~ ~ editions.
='~:= 13. The dun
lains and streams shall be restored to natura g ed. Any rip-rap placed for stream
Disturbed floodp assage.
h Water Mark Shaer that do snot impede aquatic life p
14. The use of rip-rap above the Normal Hig
stabilization shall be placed in stream channels in such a ~~ eft and to the perrrnt ~a~gs
e shall ensure that the final design drawings adhere to the p
15. The Permitte royal.
submitted for app work area. Approved BMP ms rock berms,
in or adjacent to stream waters shall be conducted in a dry
and Maintenance Activities manual such ter andbag ,
16. All work
the most current version of NCDOT Construction
and other diversion structures shall be used to prevent excavation in flowing
cofferdams rather than in the stream channel in order to minirn~e
e ui meet shall be operated from the banks
17, Heavy q p ollutants into the stream. revent
sedimentation and reduce the introduction of other p ust be regularly inspected and maintained to p
lg. All mechanized equipment operated near surface waters m
m waters from fuels, lubricants, hydraulic fluids, or other toxic inateria s.
Bred ed from the stream channel except where authorized by this
contamination of strea
19. No rock, sand or other materials shall be g
- ~ certification. ui meet in or adjacent to surface
droseed mixtures and washing out hydroseeders and other eq p
_ 20. Discharging by
waters is prohibited.
rcation shall be maintained on site at the construction site at all times.
' an shall be maintained with the
21. A copy of this W ater Quality Cerhf
'tion the W ater Quality Certification and all subsequent modifications, i Y No°e Carolina
adl>. ~ ect manaseT• ~tuClllls~
- permittee and the on-site prof
Transportation Permitting Unit
1850 Mail Service Center, Raleigh, North CaroNorth Carol na527ti04
2321 Crabtree Boulevard, Suite 250, Raleigh, cled110% Post Consumer Paper
Phone: [phone] FAX [phone] Internet: htt :flh2o.enro to te'S0% Recywetlan s
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p~o~ W A T~~~G
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
22. 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 §3O3(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.
23. 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.
24. 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.
25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
26. Upon completion of the project (including any impacts at associated borrow or waste site), the project manager
shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included
in the 401 Certification has been completed.
27. 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.
28. 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.
29. 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.
30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
None Carolina
Transportation Permitting Unit " ' -"tuCa~t'l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: ht#p'/Ih2o.enr state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Empbyer - 50% Recycled110% Post Consumer Paper

~ W ATF Michael F. Easley, Governor
~) - f~ William G. Ross Jr., Secretary
.~C, ~~ North Carolina Department of Environment and Natural Resources
Vj ~ Coleen Sullins, Director
3, ~ Division of Water Quality
© _ 'C
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 [phone].
Attachments (General Certification and Certificate of Completion form)
cc: Lindsey Riddick, ARCADIS
Chris Murray, NCDOT Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Ecosystem Enhancement Program
DWQ Raleigh Regional Office
File Copy
Non° Carolina
Transportation Permitting Unit ~''"ifuCQ~~I/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:/Ih2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper