20081602 Ver 1_Approval Letter_20081218

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
December 18, 2008
Dr Greg Thorpe, PhD, Branch Manager
Project Development and Environmental Analysis 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 with ADDITIONAL
CONDITIONS for Proposed improvements to US 158/NC 34 from East of the Pasquotank River to the US
158/NC 34 split in Camden County, Federal Aid Project No STP-158(2), TIP R-2414A and R-2414B
DWQ Project No 20081602
WQC No 003774
Dear Dr Thorpe
Attached hereto is a copy of Certification No 003774 issued to The North Carolina Department of Transportation
dated December 18, 2008
If we can be of further assistance, do not hesitate to contact us
mcerely,
Coleen Sullins
Director
Attachments
cc Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Jerry Jennings, PE, Acting Division 1 Engineer
Clay Willis, Division 1 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Cathy Brittingham, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
File Copy
Noe Carolma
Transportation Permitting Unit Naturally
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
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William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act 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 This certification authorizes the NCDOT to impact 14 79 acres ofjurisdictional wetlands, and 545
linear feet of jurisdictional streams in Camden County The project shall be constructed pursuant to the application
dated received October 21, 2008 The authorized impacts are as described below
Stream Impacts in the Pasouotank River Basin

Site Permanent
Fill in
Intermittent
Stream
(linear ft Temporary
Fill in
Intermittent
Stream
linear ft Permanent
Fill in
Perennial
Stream
linear ft Temporary
Fill in
Perennial
Stream
(linear ft) Total
Stream

Impact
(linear ft) Stream
Impacts
Requiring
Mitigation
linear ft
R-2414A
1 0 0 0 0 0 0
2 0 0 0 0 0 0
3 0 0 0 0 0 0
4 0 0 0 0 0 0
5 0 0 0 0 0 0
6 0 0 0 0 0 0
7 0 0 0 0 0 0
8 0 0 0 0 0 0
9 0 0 0 0 0 0
10 0 0 0 0 0 0
11 0 0 75 105 180 0
TOTAL: 0 0 75 105 180 0
R-2414B
1 0 0 0 0 0 0
2 0 0 0 0 0 0
3 0 0 121 29 150 0
4 0 0 0 0 0 0
5 0 0 0 0 0 0
6 0 0 92 21 113 0
7 0 0 83 19 102 0
TOTAL 0 0 296 69 365 0
PROJECT
TOTAL: 0 0 371 174 545 0
Total Stream Impact for Project- 470 linear feet
N?o e?Carohna
Transportation Permitting Unit "`tllra?1l?
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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William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Wetland Impacts in the Pas uotank River Basin

Site Fill
(permanent)
(ac) Fill
(temporary)
(ac) Excavation
(ac) Mechanized
Clearing (ac) Hand
Clearing
(ac)* Total
Wetland
Impact (ac)
R-2414A
1 001 0 0 0 019 020
2 0 0 0 0 007 007
3 001 0 0 0 018 019
4 003 0 0 0 034 037
5 001 0 0 0 007 008
6 002 0 0 0 200 202
7 012 0 0 0 054 066
8 1 46 0 0 0 1 96 3 42
9 001 0 0 0 004 005
10 018 0 0 0 408 426
11 0 0 0 0 001 001
TOTAL 1 85 0 00 0.00 0.00 9 48 11 33
R-2414B
1 0 0 0 0 001 001
2 009 0 0 0 005 014
3 0 95 0 0 09 0 0 26 13
4 006 0 0 0 004 O1
5 008 0 0 0 006 014
6 0 85 0 001 0 0 37 1 23
7 038 0 0 0 016 054
TOTAL- 2.41 0 00 0.10 0 00 0 95 3.46
PROJECT
TOTAL: 4.26 0.00 0.10 0.00 10.43 14.79
* Totals include areas to be hand cleared for utility relocations
Total Wetland Impact for Project 14.79 acres.
Total Wetland Impacts Requiring Mitigation: 4.36 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Pasquotank 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 October
21, 2008 Should your project change, you are required to notify the DWQ and submit anew 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
N Carolina
oce
Transportation Permitting Unit Naturally
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
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A0F W A r§, William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
co r Coleen Sullins, Director
Division of Water Quality
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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
Conditions of Certification:
Project Specific Conditions
1 In accordance with commitments made in your application, mechanized clearing shall not be used for the
purpose of clearing vegetation in relocating overhead power lines within jurisdictional wetlands
2 Bridge deck drams shall not discharge directly into the stream Stormwater shall 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 Best
Management Practices
3 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
4 Except as noted in Condition #3, the 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 modification to this certification will be required
5 Riprap shall not be placed m 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
6 The permittee will need to adhere to all appropriate m-water work moratoriums (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and
Wildlife Service, and National Marine Fisheries Service No in-water work is permitted between February
15 and June 15 of any year, without prior approval from the NC Division of Water Quality and the NC
Wildlife Resources Commission In addition, the permittee shall conform to the NCDOT policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times
7 Where the existing culvert at Site 11 on Section A of the project will be removed, the banks shall be graded
to match existing bank slopes Additionally, any open areas shall be planted within two weeks after culvert
removal with appropriate vegetation in order to stabilize the banks and surrounding areas
NonAhCarohna
Transportation Permitting Unit Naturally
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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William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
8 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically, jetting or other methods of pile driving are prohibited unless prior
written approval is given by DWQ first
9 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
DWQ in this certification
10 Turbidity curtains shall be used to isolate all work areas from the stream at UT to Pasquotank River at Site
11, including pile or casement installation, placement of riprap, excavation or filling Strict adherence to the
Construction and Maintenance Best Management Practices will be required
11 No utilities shall be relocated into jurisdictional wetland areas
12 Compensatory mitigation for impacts to 4 36 acres of wetlands is required We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project EEP
has indicated in a letter dated July 14, 2008 that they will assume responsibility for satisfying the federal
Clean Water Act compensatory mitigation requirements for the above-referenced project, m accordance with
the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004
General Conditions
13 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
14 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
15 The dimension, pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
16 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
17 The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval
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 m 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
Noo' Carohna
Transportation Permitting Unit Naturally
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
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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
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 maintained on site at 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
certification 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 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 a local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc
28 The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery
29 Upon completion of the protect (including any impacts at associated borrow or waste site), 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
30 Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
31 There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this certification 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
32 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
33 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
p4i'thCarolina
Transportation Permitting Unit Naturally
1650 Mad 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
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640
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William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
34 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
35 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
36 The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act
37 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 18th day of December 2008
DIVISION OF WATER QUALITY
Coleen Sullins
Director
WQC No 003774
1_ 'r' hCarolina
Transportation Permitting Unit Natura!!lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet htta //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Acton Employer- 50% Recycled/10% Post Consumer Paper