20080945 Ver 1_Approval Letter_20080613

0? W A 19
June 13, 2008
Franklin County
DWQ Project No. 20080945
Bridge 57 on SR 1419
TIP No. B-4115
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, PhD., Environmental Management Director
NCDOT PDEA `
1598 Mail Service Center a
Raleigh, NC 27699-1598
Dear Dr. Thorpe;
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 57 with a culvert in Franklin County:
Stream Impacts in the Tar-Pamlico River Basin
Site Permanent Fill in Bank Stabilization to Temporary Dewatering Total Stream Stream Impacts
Perennial Stream Perennial Stream Perennial Stream Impact Requiring Mitigation
linear ft linear ft linear ft linear ft linear ft
1 145 78 43 266 223
Total 145 78 43 266 223
Total Stream Impact for Project: 266 linear feet.
Wetland Impacts in the Tar-Pamlico River Basin
Site Permanent Fill ac Mechanized Clearing ac Total Wetland Impact ac
1 0.05 0.05 0.10
Total 0.05 0.05 0.10
Total Wetland Impact for Project: 0.10 acres.
Tar-Pamlico Riparian Buffer Impacts
Site Zone-1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone-2 Buffer
Impact Impact Wetlands Buffers (not Mitigation 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
Road 4614 0 4614 N/A 2364 0 2364 N/A
Crossing
Other 1207 0 1207 3621 504 0 504 756
Totals 5821 0 5821 3621 2868 0 2868 756
* n/a = Total for Perpendicular Road Crossing is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 8,689 square feet.
One
ithCarolina
No
Transportation Permitting Unit AINMAY
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
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
? W A TF Michael F. Easley, Governor
O
OC? ?QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
0) Y
e Coleen Sullins, Director
?_
=1 Division of Water Quality

The project shall be constructed in accordance with your application dated received June 11, 2008. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Numbers
3689, 3701, and 3688. This certification corresponds to the Nationwide Permits 13, 23, and 33 issued by the Corps
of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now oT in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 21-t.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attach6d certification as well as those listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 223 linear feet of streams is required. Compensatory mitigation for
impacts to jurisdictional streams shall be provided by onsite stream enhancement of 465 linear feet of stream. The
onsite stream enhancement shall be constructed in accordance with the design submitted in your June 11, 2008
application. All stream enhancements shall have a 50-foot wide native wooded buffer planted on both sides of the
stream unless otherwise authorized by this Certification.
2. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the
mitigation stream segments. The monitoring shall be conducted annually for a minimum of 3 years after final
planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to
DWQ in a final report within sixty (60) days after completing monitoring.
3. Compensatory mitigation for impacts to 1207 square feet of protected riparian buffers in Zone 1 and 504 square
feet of protected riparian buffers in Zone 2 shall be required. 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 and done in accordance with 15A NCAC 2B.0259. EEP has indicated in a
letter dated March 24, 2008 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.
4. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevatiof'i 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 permit modification will be required.
5. 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.
One
NhCarolina
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
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
OF W A TAR Michael F. Easley, Governor
William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
:'
6. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
7. 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.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps' of Engineers is a condition of the 401 Water Quality Certification.
9. 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.
A
10. 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.
11. 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.
12. 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.
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
14. 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.
15. 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.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. 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.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
Nose Carolina
Transportation Permitting Unit tur'911#1
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
W A TL- Michael F. Easley, Governor
\O?O 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
09 q Coleen Sullins, Director
Division of Water Quality
21. 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.
22. 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.
23. 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.
y
24. The Permittee shall repdrt any violations of this certification to the Division of Water Quality within 24 hours of
discovery. 4
25. Upon completion of they project (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.
26. Native 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.
27. 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.
28. 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.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
IVop;thCarolina
Transportation Permitting Unit atyral'l'lf
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
r
Sincerely,
Coleen Sullins,
Director
Attachments (General Certification and Certificate of Completion form)
cc:- Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Kathy Matthews, EPA
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Ecosystem Enhancement Program
Duncan Quinn, NCDOT NEU
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 .state
/ Internet: htt :l/h2 o.enr.nc us/ncwetland
Phone: [phone] FAX [phone] s
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
?oF w A rFR
0
Michael F. Easley, trove, wi
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
30.
otherwise approved by this certification.
lacement of temporary fill or clearing activities shall be restored to the
31. All ripari an buffers impacted the p ose of this condition,
letion of construction- For the purp d with non-woo y
p reconstruction contours and revege getated. Maintained buffers
species by the end of the growing season following comp DOT
maintained buffer areas are defined as areas within the h non-maintained bcorridoruffers that shall will be be subject to permanently regular revegetated,
maintenance activities including mowing. Theva season following completion of construction.
with native woody species before the next go g
Pursuant to NCAC I SA 2B.0259(6), sediment and erosion control devices shall not be placed in nesI of a diment
32. approval by the NCDWQ• At this time, the NCDWQ has approved no
project. Moreover,
Tar-Pamlico Buffer without prior y roved ro ect impacts, anywhere on this and erosion control devices in Zone 1, outside of the approved project J
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 If you not accept any
of the conditions of this certification, you may ask for an adjudicatory hearing. You must hearing, send a act within 60 days of the date that you receive lSt this letter. To ask Statutes to the Office of Administrative Hearings, 67 67 that
for a Mail conforms
Service
to Chapter 150B of the North Carolina Genera unless you ask are
Section 401 of the Clean Water
final Center, Raleigh, 27699. This certication and its
review lof the Division conditions Water Qu 1 ty unanddebind
hearing. This letter er completes the rev 733-9817.
Act. If you have any questions, please contact Rob Ridings at (919)
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