20050785 Ver 15_Approval Letter_20110415 (2)

Beverly Eaves Perdue
Governor
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 15, 20l 1
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and Tar-Pamlico Buffer Authorization, with ADDITIONAL CONDITIONS for Proposed
improvements to US 17 (Washington By-pass) from North of SR 1509 (Springs Rd) to North of SR 1418
(Raberson Rd} in Beaufart Caunfy, Federal Aid Project No. MAF-75-3(26}, TIP No. R-2510 C.
NCDWQ Project No. 20050785 v. ] 5
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3527 issued to The North Carolina Department of
Transportation (NCDOT) dated September 6, 2005. This modification is applicable only to the additional activities
ul R-2510 section C. All the authorized activities and conditions assaciated with the original Water Quality
Certifcation dated September 6, 2005 and subsequent modifications still apply except where superceded by this
certification.
If we can be of further assistance, do not hesitate to contact us.
S'ncerely,
�
.-. �--- 1'-
Coleen H. Sullins
Director
Attachments
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Nei1 Lassiter, PE, Division 2 Engineer
Steve Sollod, Division of Coastal Management, Raleigh
Stephen Lane, Division of Coastal Management, Morehead City
File Copy �
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Bivd., Raleigh, North Car�lina 27604
Phone: [phone] FAX: [phone]
Internet: http:/lh2o.enr.state.nc.uslncwetlands!
An Equal Opportunity 1 Affirmative Action Employer
1\TorthCaralina
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1Vlodification to the 401 `Water Quality Certi�cation Pursuant to Section 401 of the Federal Clean Water Act
and Tar-Pamlico Buffer Authorization 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 2H .0500 and 15A NCAC 2B .0259. This certification authorizes the NCDOT to impact 1.92 acres of
jurisdictional wetlands, 0.47acres of surface waters, 2,088 linear feet of jurisdictional strea.ms and 156,555 square
feet of protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification
request dated received January 31, 201 l and additional information dated received March 30, 2011. The authorized
impacts are as described below:
Wetland Im acts in the Tar-Pamlico River Basin A roved B the Au ust 5, 2010 Modification
Fill Fill Tem or Mechanized Hand
� P �'S'� Excavation Total VVetland
Section C, Site: (permanent) �ac) tac) CleaCing Cleacing jmpact (ac)
ac
l A 0.01 0.04 0.07 0.05
1 B 0.03 0.03 0.01 0.07
1 C 0.02 0.02 0.04
2
3 0.06 0.18 0.05 0.29
4A 0.01
4B 0.01 0.06 0.01
4C
4D 1. i 0 0.04 1.14
SA
SB <0.01 0.07 0.03 0,10
SC
TOTAL: 1.2 0.30 0.20 0.14 1.70*
Total Wetland Impact for project: 1.7 acres
* Total includes 0.56 acres of riparian wetlands and 1.14 acres of non-ripa�ian wetlands. Excludes impacts from
Hand Clearing.
Wetland Im acts in the Tar-Pamlico River Basin A roved with this Modification
Fill Fill {Temporary) Ezcavation Mechanized Hand Total �Vetland
Section C, Site: (�'ermanent) �a�� Clearing Clearing Impact (ac)
ac �a�� ac) ac
1 A 0.01 0.04 0.14* 0.05
1 B 0.03 0.03 0.01 0.07
1 C 0.02 0.02 0.04
2
3 0.06 0.18 0.05 0.29
4A 0.01
4B 0.01 0.06 0.01
4C 0.01 *
4D 1.10 0.04 1.14
SA
SB <0.01 0.07 0.03 0.10
SC
Modified TOTAL: 1.2 0.30 0.20 0.22 1.70*
Difference 0 0 0 +0.08 0
*Only additional impacts are tor hand cleanng at s�tes 1 A and 4t;. Ivo cnange m permanent weiiana �mpaci ioial.

Tar-Pamlico Ri arian Buffer Im acts A roved b the Au ust 5, 2010 Modification
Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Section Impact Wetlands Buffers Mitigation Impact Wetlands Buffers Mitigation
C (sq ft) in Zone 1 (not wetlands) Required (sq ft) in Zone 2 (not wetlands) Required
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) (sq ft) (using 1.5:1
Site: ratio)
1A 3,913 20 3,893 11,679 4,506 151 4,355 6,533
lA Bridge 12,918 3,018 9,900 **n/a 3,553 799 2,754 **n/a
3 13,360 469 12,891 38,673 8,411 2,028 6,383 9,575
4 40,228 60 40,168 120,504 23,055 510 22,545 33,818
4 Bridge 12,312 2,280 10,032 **n/a 2,298 493 1,805 **n/a
SA 7,518 0 7,518 *n/a 4,528 0 4,528 *n/a
SB 9,730 1,118 8,612 25,836 6,095 1,214 4,881 7,322
SC 2,588 0 2,588 7,764 911 0 911 1,367
Totals 102,567 6,965 95,602 204,456 53,357 5,195 48,162 58,615
* n/a = Total for Site is less than 1/3 acre and 150 linear teet of impact, no mitigatlon requ�red
**n/a =Impact due to bridge structure, no mitigation required
Total Buffer Impact for Project: 155,924 square feet.
Tar-Pamlico Ri arian Buffer Im acts A roved with this Modification
Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Section Impact Wetlands Buffers Mitigation Impact Wetlands Buffers Mitigation
C (sq ft) in Zone 1 (not wetlands) Required (sq ft) in Zone 2 (not wetlands) Required
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) (sq ft) (using 1.5:1
Site: ratio)
1A 3,913 20 3,893 11,679 4,506 151 4,355 6,533
lA Bridge 13,197 3,018 10,179 **n/a 3,905 799 3,106 **n/a
3 13,360 469 12,891 38,673 8,411 2,028 6,383 9,575
4 40,228 60 40,168 120,504 23,055 510 22,545 33,818
4 Bridge 12,312 2,280 10,032 **n/a 2,298 493 1,805 **n/a
SA 7,518 0 7,518 *n/a 4,528 0 4,528 *nla
SB 9,730 1,118 8,612 25,836 6,095 1,214 4,881 7,322
SC 2,588 0 2,588 7,764 911 0 911 1,367
Totals 102,846 6,965 95,881 204,456 53,709 5,195 48,514 58,615
Difference + 279 0 +279 0 +352 0 +352 0
* n/a = Total for Site is less than 1/3 acre and I50 linear teet of impact, no mrtigatlon requireci
**n/a =Impact due to bridge structure, no mitigation required
Total Buffer impact for Project: 156,555 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico
River Basin in conjunction with the proposed development will not result in a violaiion 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 herein after set forth.
This approval is only valid for the purpose and design that you submitted in your modification request dated
received January 3 I, 2011 and additional information dated received March 30, 2011. A11 the authorized activities
and conditions associated with the original Water Quality Certification dated September 6, 2005 and all subsequent
modifications still apply except where superceded by this certification. Should your project change, you are
required to notify 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 15A NCAC 2B
.0260. For this approval to remain valid, you are required to comply with all the condit�ions listed below. Iri
addition, you should obtain all other federal, state or 1oca1 permits before proceeding with you�r 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 Fermit.
Condition(s) of Certification:
l. This modification is applicable only to the additional proposed activities in R-2510 Section C. All of the
authorized activities and conditions associated with the original Water Quality Certification dated
September 5, 2005 and subsequent modifications still apply except where superceded by this certification.
2. 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.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
4. Upon completion of the project (including any impacts at associated bon•ow 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.
5. 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.
Violations of any condition herein set forth may result in revocation of this Certification a.nd 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 Penmit. This Certification shail 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 si�y (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This the 15th day of August, 2011
DNISION OF WATER QUALITY
Coleen H. Sullins
Director
V�QC No. 3527

- NCDWQ Project No.: County:
Applicant:
Froject Name:
Date of Issuance of 401 Water Quality Certification:
Certificate oiCompletion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required ta return this certificate ta the 401 Transpartation Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. T'his form
may be return.ed 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 suppol�:ing materials.
Signature: Date:
AgenYs Cert�cation
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 Qua)ity Certifcation and Buffer Rules, the approved plans anci
specifications, and other supporting materiais.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North.
Carolina, having been authorized to observe (periodically, weekly, full time) 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 Bu .ff.er Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date