20041760 Ver 1_Approval Letter Unsigned_20050114

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2005
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse River
Buffer Authorization Proposed Construction of US 70 (Clayton Bypass) from 1-40 to US 70 Business in Wake
and Johnston Counties, TIP No. R-2552AA, AB, B and C, State Project No. 8.T311002, Federal Aid Project
No. NHF-60-1(9).
WQC Project No. 041760
Attached hereto is a copy of Certification No. 3496 issued-to The North Carolina Department of Transportation
dated January 14, 2005.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Wilmington District Corps of Engineers
Mr. Mike Bell, Corps of Engineers Washington Field Office
Mr. Eric Alsmeyer, Corps of Engineers Raleigh Field Office
Mr. Christopher Militscher, US EPA, Region IV
Mr. Jim Trogdon, PE, Division 4 Engineer, PO Box 3165, Wilson, NC 27895
Mr. Jamie Shern, Division 4 Environmental Officer, PO Box 3165, Wilson, NC 27895
Mr. Jon Nance, PE, Division 5 Engineer, 2612 N. Duke St., Durham, NC 27704
Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke St., Durham, NC 27704
Mr. Matt Haney, ONE, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. William Gilmore, Ecosystem Enhancement Program
NCDWQ Raleigh Regional Office
Central Files
File Copy
NorthCarolina
Transportation Permitting Unit - NaCumrly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS
And Neuse River Buffer Rules
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 (DWQ) Regulations in 15
NCAC 21-1, Section .0500 The project shall be constructed pursuant to the application dated received November 1,
2004, to construct US 70 (Clayton Bypass) from 1-40 to US 70 Business in Wake and Johnston Counties. The
approved design is that submitted in your application dated received November 1, 2004 and subsequent additional
information dated received January 6 and 7 2005. This certification authorizes the NCDOT to impact 24.02 acres of
jurisdictional wetlands, permanently impact 9,921 linear feet of stream, temporarily impact 1,416 linear feet of
stream and impact 27.82 acres of protected Neuse Riparian Buffers (15.94 acres in Zone I and 11.88 acres in Zone
2) in Wake and Johnston Counties. This authorization also authorizes a minor variance on the AA section at
Station L 68+80 for a level spreader in Buffer Zone 2 and a minor variance at Station Y I 1 REV 15+00 for two
preformed scour holes in Buffer Zone 2. The authorized impacts are as described below:
Section AA Wetland Impacts in the Neuse River Basin
Site Fill
(ac) Fill (temporary)
(ac) Excavation
(ac) Mechanized Clearing
(ac) Hand Clearing
(ac)
AA l b 0.01
AA2b 0.01 0.01
AA4b 0.01
AA5b 0.03 0.02
AA6 0.03 0.01
AA7 0.03 0.01
AA8 0.05 0.02
AA9 0.01 0.01
AA10a 0.01 0.01
AA lob 0.12
AA1la, Ilb, Ilc 2.31 0.06
AA12 0.01
AA14 0.16 0.02 1.48
AA16 0.04 0.02
Total 2.69 0.02 0.19 1.60
Section AB Wetland Impacts in the Neuse River Basin
Site Fill
(ac) Fill (temporary)
(ac) Excavation
(ac) Mechanized Clearing
(ac) Hand Clearing
(ac)
ABI 0.11 0.01
AB3 0.04 0.01
AB4 0.01 0.01 0.08
AB5b 0.07 0.02
A135c 0.08 0.01
AB7 0.09
AB6a 0.01 0.01
AB8 0.17 0.05
AB9 0.09 0.01
AB 10 0.45 0.02
AB 11 0.47 0.03
Total 1.59 0.01 0.01 0.16 0.08
Section B Wetland Impacts in the Neuse River Basin
Site Fill
(ac) Fill (temporary)
(ac) Excavation
(ac) Mechanized Clearing
(ac) Hand Clearing
(ac)
1 0.16 0.045
2 0.429 0.046
3 1.203 0.081
4 1.217 0.028
5 1.899 0.175 0.117
12 0.117
Total 5.025 0.175 0.317
Section C Wetland Impacts in the Neuse River Basin
Site Fill
(ac) Fill (temporary)
(ac) Excavation
(ac) Mechanized Clearing
(ac) Hand Clearing
(ac)
C 1 0.04 0.03 0.04
C2 0.06
C3 2.26 0.11
C6 1.77 0.01 0.40
C7 1.18 0.36 0.13
C8 1.06
C9 0.01 0.02
C10 0.02 0.04
CI1 0.97 0.36 0.27
C12 0.03
C13 0.97 0.22
C14 0.12 0.02 0.21
C15 1.09 0.29
C16 0.01 0.05
Total 9.49 0.03 0.76 1.87
Section AA Surface Water and Stream Impacts in the Neuse River Basin
Site Permanent Fill in
Surface Water (ac) Temporary Fill in
Surface Water (ac) Permanent Stream
Impacts (ft) Temporary Stream
Impacts (ft) Natural Channel
Design (ft)
AAIb 10
AA3a 0.01 26 13
AA3b 0.01 13 10
AA4b 0.02 128 30
AA5a 0.01 236
AA5b 0.05 391 10
AA10a 0.07 30 20
AAl0b 10 10
AAlla 0.05 437
AAllb 0.04 417 20
AAllc 0.04 407
AA 14 0.01
AA15a 0.01 85 10
AA15b 0.01 98 20
AA16 0.79 10 _ 10
AA17 0.03 - 240
AA18a 0.45 355 10
AA18b 0.03 167 20
Total 1.62 0.01 3,050 193
Section AB Surface Water and Stream Impacts in the Neuse River Basin
Site Permanent Fill in
Surface Water (ac) Temporary Fill in
Surface Water (ac) Permanent Stream
Impacts (ft) Temporary Stream
Impacts (ft) Natural Channel
Design (ft)
AB2 0.05 325 98
AB4 0.01 .0.02
AB5b 128 26
AB5c 0.06 364 108
AB5d 0.13 561 13
AB7 0.13
AB6a 0.02 102 10
AB6b 0.09 226
AB8 0.01 118 23
AB 11 0.06 351 131
Total 0.51 0.07 2,175 409
Section B Surface Water and Stream Impacts in the Neuse River Basin
Site Permanent Fill in
Surface Water (ac) Temporary Fill in
Surface Water (ac) Permanent Stream
Im acts (ft) Temporary Stream
Impacts (ft) Natural Channel
Design (ft)
1 0.043 0.024 191 105
2 0.063 0.020 276 88
3 0.071 0.009 475 62
4 0.103 0.010 673 71
5 0.245 0.024 722 73 410
6 0.103 0.008 443 46
7 0.025 163
8 0.002 6 30
9 0.081 0.026 354 115
10 0.024 0.011 127 58
11 0.274
12 0.065 0.031 388 166
Total 1.097 0.165 3.818 814 410
Section C Surface Water and Stream Impacts in the Neuse River Basin
Site Permanent Fill in
Surface Water (ac) Temporary Fill in
Surface Water (ac) Permanent Stream
Impacts (ft) Temporary Stream
Impacts (ft) Natural Channel
Design (ft),
C1 0.28 115
C2 1.54 J
C4 26 i.
C5 0.03 0.01 282 y
C6 0.06 0.02 272 i
C7 0.06
CIO 0.02 52
C12 16
C13 0.01 30
C14 0.01 0.01 33.
C16 0.01 0.01 52
Total 1.74 0.33 878
Section AA Neuse Riparian Buffer Impacts
Site Zone 1
(s q. ft.) Zone 2
(s q. ft.) Wetlands in
Zone 1 (s q. ft.) Wetlands in
Zone 2 (s q. ft.) Mitigation Required
Zone 1 (s q. ft.) Mitigation Required
Zone 2 (s q. ft.)
AAla 431 2,611
AAlb 2,125 1,765 108
AA3a 3,718 4,049 3,718 4,049
AA3b 4,112 4,392 4,112 4,392
AA4a 11,348 8,145 11,348 8,145
AA4b 8,830 6,470 108 8,722 6,470
AA5a 41,581 32,338 194 108 41,387 32,230
AA5b -see AA5a for site totals-
AA6 108 323
AA10a 11,797 9,601 215 11,582 9,601
AA10b 18,156 14,594 538 108
AAllb 46,633 32,446 39,339 15,193 7,294 17,253
AAl lc -see AAllb for site totals-
AA13 3,720 5,909
AA 14 18,514 15,334 17,776 11,976
AA15a 5,572 4,048
AA15b 6,284 8,148
AA16 27,649 19,749 2,690 24,959 19,749
AA18a 28,646 18,336 28,646 18,336
AA18b 8,818 6,899 8,818 6,899
AA19 2,165 1,922 2,165 1,922
Total 239,124 196,756 61,076 27,708 152,751 129,046
Section All Neuse Riparian Buffer Impacts
Site Zone 1
(s q. ft.) Zone 2
(s q. ft.) Wetlands in
Zone 1 (s q. ft.) Wetlands in
Zone 2 (s q. ft.) Mitigation Required
Zone I (s q. ft.) Mitigation Required
Zone 2 (s q. ft.)
AB2 24,211 15,173 24,211 15,173
AB4 18,478 13,016 8,229
AB5c 58,509 44,230 58,509 44,230
AA5d -see AB5c for site totals-
AB7 9,272
AB8 7,294 4,831
AB 11 20,326 13,775 14,761 5,565 13,775
Total 128,818 91,025 32,262 88,285 73,178
Section B Neuse Riparian Buffer Impacts
Site Zone 1
(sq. ft.) Zone 2
(sq. ft.) Wetlands
in Zone 1
(sq. ft.) Wetlands
in Zone 2
(sq. ft.) Onsite Buffer
Replacement
Zone 1
(sq. ft.) Onsite
Buffer
Replacement
Zone 2
(s q. ft.) Mitigation
Required
Zone 1
(sq. ft.) Mitigation
Required
Zone 2
(sq. ft.)
1 11,250 12,196 5,985 1,715 5,265 10,481
2 14,866 11,954 10,382 4,527 4,484 7,427
3 24,801 19,088 19,247 10,620 5,554 8,468
4 36,511 30,223 27,400 11,569 9,111 18,654
5 37,785 37,688 21,034 17,609 9,671 7,494 7,080 12,585
6 25,889 12,148 25,889 12,148
7 4,845 5,626
8 1,147 2,138
9 20,306 18,380 20,306 18,380
10 14,886 11,323 5.566 4,911 9,320 6,412
11 11,071 5,718 11,071 5,718
12 36,491 12,865 3,498 1,787 5,770 3,111 27,223 7,967
Total 239,848 179,347 87,546 47,827 21,007 15,516 125,303 108,240
Section C Neuse Riparian Buffer Impacts
Site Zone 1
(sq. ft.) Zone 2
(sq. ft.) Wetlands
in Zone I
(s g. ft.) Wetlands
in Zone 2
(s q. ft.) Mitigation Required
Zone 1
(s q. ft.) Mitigation Required
Zone 2
(s q. ft.)
C1 25,272 13,712 86
C4 2,097 861
C5 19,889 13,157 19,889 13,157
C6 19,472 13,196 19,472 12,454 742
C9 549 958 549 958
CIO 5,479 2,099 1,929 75
C12 2,712 1,087 1,119 75
C13 1,937 850 1,676 829
C14 4,801 2,390 2,863 1,454
C16 4,176 2,153 593 321
Total 86,384 50,463 27,652 15,294 20,438 14,857
Mitigation Requirements for Neuse Riparian Buffers Project Wide
Impact
(sq. ft.) Replacement
Ratio Total
Impact Fee schedule Payment amount
for Mitigation
Zone1 386,777 3:1 1,160.331 $0.96/sq. ft. $1,113,917.76
Zone 2 325,321 1.5:1 487,981.5 $0.96/s q. ft. $468,462.24

Total Mitigation Payment Required $1,582,380.00
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
November 1, 2004 and subsequent revisions dated received January 6 and 7, 2005, as described in the Public Notice.
Should your project change, you are required to 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 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). 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 three years from the date of the
cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit,
whichever is sooner.
Condition(s) of Certification:
Construction will be conducted in such a manner as to prevent a significant increase in turbidity outside
the area of construction or construction-related discharge. 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 assure compliance with the appropriate
turbidity water quality standard.
a. The erosion and sediment control measures for the project must equal or exceed the proper design,
installation, operation and maintenance outlined in the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual. These 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.
b. For borrow pit sites, the erosion and sediment control measures must equal or exceed the proper
design, installation, operation and maintenance outlined in the most recent version of the North Carolina
Surface Mining Manual. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act.
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources _
has released the project;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD
shall become conditions of this Certification;
4. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
6. 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. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. 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, but the applicant must provide written justification and any
calculations used to determine the extent of rip-rap coverage requested.
7. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
8. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed, unless otherwise authorized by this certification, to allow low flow passage of
water and aquatic life unless it can be shown to DWQ that providing passage would be impractical.
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 shall be maintained if requested in writing by DWQ.
9. Compensatory mitigation for impacts to 712,098 square feet of Neuse Riparian Buffers shall be provided
for as described below.
Zone of
Impact Impacts
(Square Feet) Replacement
Ratio Total Square Feet of
Mitigation Required
Zone 1 386,777 3:1 1,160,331
Zone 2 325,321 1.5:1 487,981.5
Total 712,098 1,648,312.5
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We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers'y
through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP), and that
the EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to
Neuse Riparian Buffers shall be provided through an in-lieu payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) at a rate of $0.96 per square foot. Therefore, a total payment of
$1,582,380.00 shall be submitted to the NCEEP to offset the impacts. No construction activities in Neuse
River Riparian buffers shall begin until payment for buffer mitigation is made and the Ecosystem
Enhancement Program receives and clears your check (made payable to DENR Ecosystem Enhancement
Program). The payment to NCEEP shall be sent within two months of issuance of the 404 permit. If you
have any questions concerning the Ecosystem Enhancement Program please contact them at 919-733-
5208.
10. Compensatory mitigation for impacts to 22.28 acres of jurisdictional wetlands shall be done. Total
mitigation shall be provided as described below:
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 2.44 acres of riverine wetlands and
0.18 acres of non-riverine wetlands in the Central Piedmont in the Hydrologic Cataloging Unit
03020201 and 9.51 acres of riverine wetlands and 10.04 acres of non-riverine wetlands in the
Northern Inner Coastal Plain in the Hydrologic Cataloging Unit 03020201, associated with the
proposed project shall be provided by the Ecosystem Enhancement Program (EEP), as
outlined in the letter dated 26 October 2004, and in accordance with the Memorandum of
Agreement (MOA) between the State of North Carolina and the US Army Corps of Engineers
signed on July 22, 2003. In addition, NCDOT will be responsible for supplying additional
mitigation for the remaining impacts to 0.12 acres of wetlands not covered by the above letter
from the Ecosystem Enhancement Program (EEP). DOT shall submit a mitigation plan to, and
get approval from, the NC Division of Water Quality to provide the additional 0.12 acres of
wetland mitigation prior to incurring any impacts anywhere on the project. A letter from the
EEP agreeing to accept the mitigation will constitute an acceptable mitigation plan.
11. Compensatory mitigation for impacts to 9,921 linear feet of streams shall be done at a replacement ratio of
1: L Applying a replacement ratio of 1:1, total mitigation for 9,921 linear feet of streams shall be provided
as described below:
Onsite Compensatory Mitigation
410 linear feet of onsite mitigation shall be provided for unavoidable impacts to streams through the
construction of the onsite stream relocation at Site 5, Section B of the project. The stream restoration shall
be constructed in accordance with the approved design received in your application dated received
November 1, 2004.
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 2,095 linear feet of streams in the
Central Piedmont in the Hydrologic Cataloging Unit 03020201 and 7, 342 linear feet of
streams in the Northern Inner Coastal Plain in the Hydrologic Cataloging Unit 03020201
associated with the proposed project shall be provided by the Ecosystem Enhancement
Program (EEP), as outlined in the letter dated 26 October. 2004, and in accordance with the
Memorandum of Agreement (MOA) between the State of North Carolina and the US Army
Corps of Engineers signed on July 22, 2003. In addition, NCDOT will be responsible for
supplying additional mitigation for the remaining impacts to 74 linear feet of streams not
covered by the above letter from the Ecosystem Enhancement Program (EEP). DOT shall
submit a mitigation plan to, and get approval from, the NC Division of Water Quality to
provide the additional 74 linear feet of stream mitigation prior to incurring any impacts
anywhere on the project. A letter from the EEP agreeing to accept the mitigation will
constitute an acceptable mitigation plan.
12. 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.
13. All temporary fills in wetlands and surface waters shall be removed upon completion of the project. In
addition, the post-construction removal of any temporary bridge structures or fill will need to return the
project site to its preconstruction contours and elevations. The revegetation of the impacted areas with
appropriate native species will be required.
14. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
15. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
16. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
17. 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.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
19. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction
meeting. Written verification shall be provided to the NC Division of Water Quality that the final
construction drawings comply with the attached permit drawings contained in your application dated July
22, 2004.
20. 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.
21. NCDOT, 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 law 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 to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
22. 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.
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23. DOT shall schedule a preconstruction meeting for this project prior to incurring any impacts in
jurisdictional waters including wetlands. The Division of Water Quality shall be notified a minimum of
30 days prior to the preconstruction conference.
24. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of
their size to allow for aquatic life passage, unless otherwise authorized by this certification. Culverts that
are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow
natural stream bottom material to become established in the culvert following installation and to provide
aquatic life passage during periods of low flow. These measurements must be based on natural thalweg
depths.
25. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities.
26. Any violations, during the construction of the approved project, of this 401 Water Quality Certification or
the North Carolina State Water Quality Standards as defined in 15A NCAC 2B .0200 Rules, shall be
reported immediately to the North Carolina Division of Water Quality.
27. Pursuant to NCAC15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I 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 I is not compromised and that discharge is released as diffuse flow.
Project Specific Conditions:
28. Riparian vegetation reestablishment shall include a minimum of at least 2 native hardwood tree species
planted at a density sufficient to provide 320 trees per acre at maturity. In addition, within one year proof
shall be submitted that the riparian buffer has been restored and an annual report will be submitted for a
period of 5 years showing that the trees and vegetation have survived and that diffuse flow through the
riparian buffer has been maintained. Failure to achieve the 320 trees per acre after 5 years will require
reporting by the DOT to DWQ. The report shall provide appropriate remedial actions to be implemented.
Approval of the plan by the DWQ is required.
29. Upland clearing limits must be approved by the Division of Land Resources prior to any land disturbing
activities. A copy of the final clearing method and plan for upland areas shall be submitted to the Division
of Land Resources for approval prior to incurring impacts on the project.
30. At Sites AAI la, AAl lb and AAl lc 4:1 side slopes will be utilized due to concerns for public safety.
31. At site CI I the pipe will be buried to the extent possible without draining the nearby wetland.
32. In accordance with your application, the following sediment and erosion controls measures will be
implemented in accordance with the plan submitted to, and approved by, the Division of Land Resources.
Failure to comply with the conditions listed below, will constitute violation of the 401 Water Quality
Certification if that failure results in a violation of state water quality standards:
• Basins will be designed to meet the surface area requirement for the peak runoff event for a 25-
year storm.
• Basins located at critical discharge points on the project will utilize the Faircloth Skimmer with
jute baffles and polyacrylamides (PAMs) to improve settling efficiency
• Exposed areas located adjacent to critical areas will utilize erosion control matting to assist in
stabilization.
• Erosion control matting will be utilized in ditchlines to reduce accelerated erosion.
• An onsite inspector will review the sedimentation and erosion control devices daily to insure
compliance with the sedimentation and erosion control plan.
• The Roadside Environmental Unit will provide drive through inspections weekly to insure
compliance with the Sedimentation Pollution Control Act.
• DOT will propose a hydroseeding timeline for less than 14 days to insure that all exposed erodable
areas are protected from storm events.
• Hazardous Spill Catch Basin installation will be phased on Ramp D and temporary sediment traps
will be utilized during the installation to insure that sediment laden runoff is not transported
offsite.
• Field changes to the Sediment and Erosion Control Plan will go through Roadside Environmental.
• A water quality monitoring program will be in place to identify any sources of sediment discharge
to Swift Creek from construction activates.
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, P.O. Box
27447, Raleigh, N.C. 27611-7447. 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 14" day of January 2005
DIVISION OF WATER QUALITY

Alan W. Klimek, P.E.
Director
WQC No. 3496