20090104 Ver 1_Approval Letter_20090423

-J
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Bevedy Eaves Perdue Coleen H. Sullins
Governor Director
April 23, 2009
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 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 (A&B).
NCDWQ Project No. 20090104 ver.1.
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3790 issued to The North Carolina Depai n, or of Transportation
(NCDOT) dated April 23, 2009
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Coleen H. Su lins
Director
Attachments
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
Kathy Matthews, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Rachel le Beauregard, NCDOT NEU
LeiLani Paugh, NCDOT PDEA
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: hflp91h2o.encstate.nc.uslnewetlandsl
Dee F r=eernan
Secretary
One
NorthCaro Tina
Natura liJ
An Equal Opportunity 1 Afflrmalive Action Employer
.F; 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act, NEUSE BUFFER
RULES, and ISOLATED WETLANDS PERMIT 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 21-1.0500,15A NCAC 2B.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000. This
certification authorizes the NCDOT to impact 2.82 acres of jurisdictional wetlands, 1.58 acres of isolated wetlands,
3,782 linear feet of jurisdictional streams and 488,260 square feet of protected riparian buffers in Wake County.
The project shall be constructed pursuant to the application dated received February 2, 2009. The authorized
impacts are as described below:
Corfinn A Strpnm Imnarfs in fhp NpnQP River Rngin
Site Permanent
Fill in
Intermittent
Stream
linear ft Temporary
Fill in
Intermittent
Stream
linear ft Bank
Stabilization to
Intermittent
Stream
linear ft Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
linear It Bank
Stabilization
to Perennial
Stream
linear It Total
Stream
Impact
(linear
ft Stream
Impacts
Requiring
Mitigation
linear ft
1 69 0 6 0 0 0 75 0
3 148 0 12 0 0 0 160 0
4 0 0 0 376 32 16 424 376
5 111 0 0 0 0 0 111 0
6 95 31 0 0 .0 0 126 0
7 0 0 0 185 13 14 212 185
Total 423 31 18 561 45 30 1108 561
Total Section A Stream Impact for Project: 1,108 linear feet
Preliminar Section B Stream Im acts in the Neuse River Basin*
Site Permanent Fill in
Intermittent Stream
linear ft Permanent Fill in
Perennial Stream
linear ft Total Stream Impact
(linear ft) Stream Impacts Requiring
Mitigation
linear ft
1 281 0 281 0
4 0 115 115 0
6 0 22 22 0
7 0 495 495 495
8 0 518 518 518
9 0 626 626 0
11 0 22 22 0
12 258 0 258 0
16 0 337 337 337
Total 539 2135 2674 1350
Total Preliminary Section B Stream Impact for Project: 2,674 linear teet
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
SeC!inn A Wetland Imnnrts in fhp Npllsp River Rasin
Site Permanent Fill
(ac) Temporary
Fill
ac Excavation
(ac) Mechanized
Clearing (ac) Total
Wetland
Impact ac Mitigation
Ratio Wetland
Mitigation
Required ac
1 0.01 0.01 0 0 0.02 1:1 0.01
2 <001 0 0.01 < 0.01 0.02 1:1 0.02
3 0.03 0 0 0 0.03 1:1 0.03
4 0.01 0 0' 0 0.01 1:1 0.01
6 0.08 0 0 0 0.08 2:1 0.16
Total < 0.14 0.01 0.01 < 0.01 0.16 0.23
Total Section A Wetland Impact for Project: 0.16 acres.
Droll minarv Sertinn R Wetland Imparts 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 0.03 0.20 1:1 0.20
3 0.21 0 .0.05 0.26 1:1 0.26
4 0.24 0 0.02 0.26 1:1 0.26-
7 0.64 0.10 0.15 0.89 1:1 0.89
13 0.19 0 0 0.19 2:1 0.38
14 0.34 0 0.14 0.48 2:1 0.96
17 0.38 0 0 0.38 11 0.38
Total 2.17 0.10 0.39 2.66 t77 7
3.33
1
Total Preliminary Section B Wetland Impact for Project: 2.66 acres.
*Phased Project impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Preliminary Section R 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 Preliminary Section B Isolated Wetland Impact for Project: 1.58 acres.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Open Water Wnndsl Imnacts in the Neuse River Basin
Section / Site Fill in Open Waters ac
A/6 0.01
*B / 9 1.25
*B / 11 7.29
Total 8.55
Total Open Water Impact for Project: 8.55 acres.
*Phased Project: impacts for Section Bare preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
Sartinu A Nepce Rinarian Ruffer Imnacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation 19a' 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 23783 174 23609 70827 14893 0 14893 22340
2 6809 2918 3891 N/A ?,';J 6357 0 6357 N/A
3 28137 0 28137 84411 10592 0 10592 15888
4 8999 0 8999 26997 x 5662 0 5662 8493
r
=
Totals 67728 3092 64636 182235 ,} 37504 0 37504 46721
* n/a = Total for Site is less than 1 /3 acre and 150 linear feet of impact, no rmtlgation required
Total Section A Buffer Impact for Project: 105,232 square feet.
Prrliminnrv Certinn R Neuse Rinarian Buffer Imnacts*
Site Zone 1
Impact
(sq ft) minus
Wetlands
in Zone I
(sq ft) = Zone 1
Buffers (not
wetlands)
(sq f[) Zone 1 Buffer
Mitigation '"t•=.
Required 01
(using 3:1 ratio) 0,

g Zone 2
Impact
(sq ft) minus
Wetlands
in Zone 2

(sq ft) one 2
Buffers
(not

wetlands)
s ft Zone 2 Buffer
Mitigation
Required (using

1.5:1 ratio)
1 16659 0 16659 49977 " 10795 0 10795 16193
2 0 0 0 0 3 308 78 230 345
5 24014 4830 19184 57552 x 6146 1192 4954 7431
6 506 0 506 N/A tea 0 0 0 N/A
7 33763 28915 4848 14544 7
v= 16966 8416 8550 12825
8 28103 0 28103 84309 15151 0 15151 22727
9 54775 0 54775 164325; 31813 0 31813 47719
,10 3169 0 3169 9507 5385 0 5385 8077
11 23441 0 23441 70323 13334 0 13334 20001
12 18124 0 18124 54372 , 15041 0 15041 22562
15 19154 16637. 2517 7551 15890 8113 7777 11665
16 19130 0 19130 5739041 11361 45 11316 16974
Totals 240838 50382 190456 569850 142190 17844 124346 186519
* n/a = Total for road crossing site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Preliminary Section B Buffer Impact for Project: 383,028 square feet.
*Phased Project: impacts for this section are preliminary and will be modified (including possible temporary
impacts) in future certifications prior to construction of this section.
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 application dated received
February 2, 2009. Should your project change, you are required to 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 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 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 Section B, and any future sections, 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 B, or any future sections, 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 1,911 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 1,911 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 3.56 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: 3.75 acres (0.75 acres times 5:1 preservation ratio)
4. Compensatory mitigation for impacts to Neuse Riparian Buffers is required. The mitigation requirement includes
752,085 square feet of Zone 1 Buffers and 233,240 square feet of Zone 2 Buffers. 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 satisfy the wetland mitigation
requirements of R-2814 A and B.
5. 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 received February 2, 2009. Any deviations from the
approved drawings are not authorized unless approved by the NC Division of Water Quality.
6. 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 permittee 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.
7. 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 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 preconstmction
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 11 (WSI, WSII), (i.e., Cedar Fork Creek, Perry Creek, and their tributaries in
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 permittee shall use /Design Standards in Sensitive Watersheds/ [ 15A NCAC 413.0124(a)-(e)] in areas draining
to WS-II HOW waters (i.e., Cedar Fork Creek, Perry Creek and their tributaries in Section B). Temporary cover
(wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within 15
days of ground disturbing activities to provide long-term erosion control. Erosion control matting should be used in
conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as
those slopes graded at an angle which cannot retain vegetative cover. Matting shall be secured in place with staples or
wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas.
13. 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.
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 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.
15. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
16. 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.
17. 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.
18. 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.
19. 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.
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
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 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 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 Pemrittee 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
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 23rd day of April 2009
DIVISION OF WATER QUALITY

r / Coleen H. Sullins
C Director
WQC No. 3790