20070489 Ver 1_Approval Letter_20080729

~IArF Micnaei r. tasiey, uovernor
O William G. Ross Jr., Secretary
`OCR QG North Carolina Department of Environment and Natural Resources
r Coleen Sullins, Director
Division of Water Quality
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July 29, 2008
Wake County
DWQ Project No. 20070489 ver.2
Bridge 63 on US 401
TIP No. B-3916
REISSUANCE of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS

Dr. Gregory J. Thorpe, Ph.D., Director
NCDOTPDEA
1598 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:

You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 63 in Wake County:

Stream Impacts in the.Neuse River Basin
Site Permanent Fill in Perennial Temporary Fill in Perennial Total Stream Impact
Stream linear ft Stream linear ft linear ft
2 0 20 20
3 0 371 371.
6 0 52 52
8 0 62 62
10 50 228 278
Total 50 733 783
Total Stream Impact for Project: 783 linear feet.

Riverine Wetland Impacts in the Neuse River Basin
Site Permanent Fill ac Tem orar Fill ac Total Wetland Impact ac
1 0 0.01 0.01
4 0 0.06 0.06
5 0 0.07 0.07
7 0 0.01 0.01
9 0.01 0 0.01
Total 0.01 0.15 0.16
Total Wetland Impact for Project: 0.16 acres.

N,o,~et1~Carolina
Transportation Permitting Unit rNatdlC llb,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
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ivicriaui r. r-ciwtvy, ---111u,
William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
O~
co y Coleen Sullins, Director
r` Division of Water Quality

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Open Water Stream Impacts in the Neuse River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open Waters (ac)
Open Waters ac O en Waters ac
Bridge 0.01 0 0.01
Bents
Total 0.01 0 0.01
Total Open Water Impact for Project: 0.01 acres.

Neuse Riparian Buffer- Impact s
Site one 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
1 4,723 0 4,723 N/A 3,703 0 3,703 N/A
2 401 0 401 N/A 58 0 58 N/A
3 12,457 0 12,457 N/A 4,612 0 4,612 N/A
4 1,392 0 1,392 N/A 277 0 277 N/A
5 121 0 121 N/A 240 0 240 N/A
6 1,972 0 1,972 5,916 25 0 25 37.5
Totals 21,066 0 21,066 5,916 8,915 0 8,915 37.5
* n/a = Total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required; or if activity is deemed
"allowable".
Total Buffer Impact for Project: 29,981 square feet.

The project shall be constructed in accordance with your application dated received March 20, 2007 and reissuance
request received July 22, 2008. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Numbers 3701 and 3688. This certification corresponds to the Nationwide
Permits 23 and 33 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 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.

N"~o, hCarohna
Transportation Permitting Unit Natur-111Y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper

W ATr icnaei r. cas William G. Ross Jr., Secretary
~OF I
QG North Carolina Department of Environment and Natural Resources
y Coleen Sullins, Director
r Division of Water Quality

Conditions of Certification:

1. Compensatory mitigation for impacts to 1,972 square feet of protected riparian buffers in Zone 1 and 25 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, Catawba, Randleman or Tar-Pamlico)
Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 213.0233.
This certification is valid provided 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. A copy of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated March 20, 2007. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Quality.
3. The streams requiring temporary fill shall be lined with geo-fabric matting prior to the placement of fill in the
channel. Upon completion of the project, the fill and geo-fabric shall be removed and the pre-existing stream
contours will be restored and the banks revegetated.
4. In accordance with 15A NCAC 02B.0233, temporary roads used for bridge construction or replacement are
allowable in the Neuse Riparian Buffer provided that restoration activities are conducted immediately after
construction. All non-maintained riparian buffers impacted by the placement of temporary fill or clearing activities
shall be restored to the preconstruction contours and revagetated with native woody species.
5. Upon completion of the project, temporary fill in wetlands shall be removed and pre-existing elevations and
drainage patters shall be restored.
6. 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.
7. 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.
8. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.

9. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species.
10. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.

N.oorthCarolina

Transportation Permitting Unit Ntur'711Y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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micnael r. Camcy, -u-1-1

~OF W AT t- William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
`d Coleen Sullins, Director
CO Division of Water Quality
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11. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers,
etc.) before entering the stream. Please refer to the most current version of Stormwater Rest Management Practices.
12. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.

13. 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.
14. Pursuant to NCACI5A 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 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.
15. 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.
16. 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.

17. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
18. 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.
19. 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.

20. 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.
21. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.

22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
23. 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.
a Noe Carolina
~turall~
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer _ 50% Recycled/10% Post Consumer Paper

O~ A r~9 ivncnaei r. r-abiey, uuvci u
William G. Ross Jr., Secretary
`OCR pG North Carolina Department of Environment and Natural Resources
Uj 7 Coleen Sullins, Director
Division of Water Quality
1,4

24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter-than 3:1, unless otherwise
authorized by this certification..

25. 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.
26. 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.
27. 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.

28. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
29. 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.

30. 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.
31. 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.

N~oQne~Carolina
Transportation Permitting Unit d aNtIally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htti)://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

• ` W /j t L~ rvuGndC~ r. ~=aaicy, vvvcnivi
\O~~C RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
fij Coleen Sullins, Director
Division of Water Quality

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].
Sincerely,

Coleen Sullins,
Director

Attachment
cc: Chris Murray, Division 5 Environmental Officer
Erica McLamb, NCDOT PDEA
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
File Copy

One
rthCarolina
No
Transportation Permitting Unit QturRli'm
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state,nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper