20050785 Ver 8_Approval Letter_20080211

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
February 11, 2008
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
Tar-Pamlico River Buffer Authorization with ADDITIONAL CONDITIONS for Proposed improvements to US 17
from south of SR 1149 (Price Rd) to north of SR 1509 (Springs Rd) in Beaufort County, Federal Aid Project No.
MAF-75-3 (26), TIP R-25IOB.
DWQ Project No. 20050785 v.8
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3527 issued to The North Carolina Department of Transportation dated
September 6, 2005, and modified January 24, 2007, February 13, 2007, July 9, 2007, and August 2, 2007. This modification
is applicable only to the additional activities in R-2510 section B. All the authorized activities and conditions associated with
the original Water Quality Certification 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superceded by this certification.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.
Attachments
Sincerely,
o en . Sullins
Director
cc: Mr. William Wescott, Corps of Engineers, Washington Field Office
Kathy Matthews, US EPA, Region IV
Mr. Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. Stephen Lane, DCM, Morehead City
Mr. Garcy Ward, NC DWQ, Washington Regional Office
Central Files
File Copy
One
No thCamhna
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] Naturally
FAX [phone] Internet: www.ncwaterquality.org
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Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Tar-
Pamlico River 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 (DWQ) Regulations in 15 NCAC 2H .0500
and 15A NCAC .0259 for the Tar-Pamlico Basin. This modification authorizes additional stream and buffer impacts at
R-2510B, Site 11. No additional wetlands impacts are authorized with this modification. This certification authorizes the
NCDOT to impact 7.92 acres of jurisdictional wetlands, 2,426 linear feet of jurisdictional streams and 374,978 square feet of
protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification request dated
January 14, 2008. The authorized impacts are as described below:
Surface Water and Stream Impacts in the Tar-Pamlico River Basin Approved with Feb. 13, 2007 Modidication
Section B Site: Surface Water
Permanent Fill ac Surface Water
Tern orar Fill ac Streams
(linear ft
1 0.02 170
2 0 0
3 0.06 363
4 0.07 484
5
6 0 0.01
7 0.18 1,147
8 0
9 0.05 204
10
11
Total: 038 0.01 2,368
Surface Water and Stream Impacts in the Tar-Pamlico River Basin Approved with this Certification
Section B Site: Surface Water
Permanent Fill ac Surface Water
Temporary Fill ac Streams
(linear ft
1 0.02 170
2 0
3 0.06 363
4 0.07 484
5
6 0 0.01
7 0.18 1,147
8 0
9 0.05 204
10
11 0.01 58
Total: 0.39 0.01 2:,426
Difference Between Feb. 13, 2007
Totals and this Modification: +0.01 0 +58
Total Stream Impacts for Section B Approved By This Certification: 2,426 linear feet.
Total Stream Mitigation Required for Section B Approved By This Certification: 2,368 linear feet
Riparian Buffer Impacts in the Tar-Pamlico River Basin Approved by the Aueust 2.2007 Modification

minus
= Zone 1 Zone 1
Buffer
minus
= Zone 2
Zone 2 Buffer
Zone 1
Wetlands in Buffers Zone 2
Mitigation
Wetlands Buffers Mitigation
Section B, Site: Impact (sq
Zone 1 (not Impact
Required
in Zone 2 (not Required*
ft)
(sq ft) wetlands) (sq ft)
(using 3:1
(sq ft) wetlands) (using 1.5:1
(sq ft) ratio (sq ft) ratio)
1 11,774.5 5,350.8 6,423.7 19,271.1 7,951.6 0 7,951.6 11,927.4
2
3 27,846.2 24,339.3 3,506.9 10,520.7 16,695.9 14,777.6 1,918.3 2,877.5
4 30,705.3 30,244.9 460.4 1,381.2 18,371.3 13,698.0 4,673.3 7,010.0
5
6 55,841.7 2,488.0 53,353.7 N/A* 31,147.1 578.0 30,569.1 N/A*
7 73,267.8 2,331.1 70,936.7 212,810.1 48,125.5 4,926.6 43,198.9 64,798.4
8
9 25,212.8 1053.0 24,159.8 72,479.4 16,114.5 1,801.5 14,313 21,469.5
10
11 5,719.5 0 55719.5 N/A* 3,965.9 0 3,965.9 N/A*
TOTAL: 230,367.8 65,807.1 164,560.7 316,462.5 142,371.8 35,781.7 106,590.1 108,082.8
* Site 6 = No mitigation required for the bridge structure per 15A NCAC 213 .0259 (6).
* Site 11 = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required.
Riparian Buffer Impacts in the Tar-Pamlico River Basin Approved by this Certification

minus
= Zone I Zone 1
Buffer
minus
= Zone 2
Zone 2 Buffer
Zone 1
Wetlands in Buffers Zone 2
Mitigation
Wetlands Buffers Mitigation
Section B, Site: Impact (sq
Zone 1 (not * Impact
Required
in Zone 2 (not Required*
It) (sq ft) Wetlands) (using 3:1 (sq ft) (sq ft) Wetlands) (using 1.5:1
(sq ft) ratio (sq ft) ratio)
1 11,774.5 5,350.8 6,423.7 19,271.1 7,951.6 0 7,951.6 11,927.4
2
3 27,846.2 24,339.3 3,506.9 10,520.7 16,695.9 14,777.6 1,918.3 2,877.5
4 30,705.3 30,244.9 460.4 1,381.2 18,371.3 13,698.0 4,673.3 7,010.0
5
6 55,841.7 21488.0 53,353.7 N/A* 31,147.1 578.0 30,569.1 N/A*
7 73,267.8 2,331.1 70,936.7 212,810.1 48,125.5 4,926.6 43,198.9 64,798.4
8
9 25,212.8 1053.0 24,159.8 72,479.4 16,114.5 1,801.5 14,313 21,469.5
10
11 7,347.5 0 5,719.5 N/A* 4,576.4 0 3,965.9 N/A*
MODIFIED
TOTAL: 231,995.8 65,807.1 164,560.7 316,462.5 142,982.3 35,781.7 106,590.1 108,082.8
Difference
Between Aug.2,
2007 Totals and +1,628 0 0 0 +610.5 0 0 0
this Certification:
* Site 6 = No rrutigation required for the bridge structure per 15A NCAC 2B .0259 (6).
* Site I I = Total for Site is less than 113 acre and 150 linear feet of impact, no mitigation required.
Total Buffer Impact for Section B Approved By This Certification: 374,978 square feet.
Total Buffer Mitigation Required for Section B Approved By This Certification: 424,545 square feet
The application provides adequate assurance that the discharge of fill material into the waters of the Tar 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 modified application dated January 14,
2008. All 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 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
on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
1. The only modifications to the design of the project authorized by this certification are those submitted in your application
dated January 14, 2008. All authorized activities and conditions associated with the original Water Quality. Certification
dated September 6, 2005 and all other corresponding modifications still apply except where superceded by this
certification.
2. Compensatory mitigation for impacts to 105,487.5 square feet of protected riparian buffers in Zone 1 and 72,055.1
square feet of protected riparian buffer in Zone 2 shall be required as described below, and replaces condition #2 in the
401 Water Quality Certification dated February 13, 2007:
Riparian Buffer Zone Area To Be Mitigated (sq.ft) Mitigation Ratio Area to Be Mitigated (sq. ft)
Zone 1 105,487.5 3:1 316,462.5
Zone 2 72,055.1 1.5:1 108,082.7
TOTAL: 424,545.2
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 Tar-Pamlico
Riparian Buffers shall be provided in the Tar-Pamlico River Basin (HUC 03020104) and done in accordance with 15A
NCAC 2B .0259. EEP has indicated in a letter dated October 27, 2006 that they 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.
3. Compensatory mitigation for impacts to 2,368 linear feet of streams shall be done at a replacement ratio of 1:1.
Applying a replacement ratio of 1:1, total mitigation for 2,368 linear feet of streams shall be provided as described
below, and replaces condition #12 in the 401 Water Quality Certification dated September 6, 2005:
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 2,426 linear feet of streams in the Hydrologic Cataloging Unit
03020104 associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP), as
outlined in the letter dated August 4, 2005, 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.
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.
5. 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.
6. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions.
7. 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.
8. 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 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.
9. All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
10. 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.
11. 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.
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 11 th day of February, 2008
DIVISION OF WATER QUALITY
Coleen H. Sullins,
Director
Modification to WQC No. 3527