20061775 Ver 1_Complete File_20061207

MICHAEL F. EASLEY LYNDO TIPPET ,
GOVERNOR SECRETARY r`

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION "'', s '
Mr. William Wescott
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
(One Copy)
Mr. Rob Ridings
Wetlands/401 Unit
NC DENR Division of Water Quality
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604-2260
(Seven Copies)

November 9, 2006
061775
Subject: NWP 3 and 33 Notification and Buffer Authorization Request, for the pipe replacement
on UT to Burnt Coat Swamp under SR 1210, Halifax County.
WBS # DF 11604.2042800
Dear Sirs:
Please find enclosed the Pre-Construction Notification for the above referenced project. The existing
line of 40' X 48" CMP will be replaced with one line of 95" X 67" corrugated aluminum pipe with
headwalls having a length of 50 feet and will be buried to a depth of 12 inches. The replacement of this
crossline is necessary due to current pipe failing causing road damage. Headwalls will be used to
increase shoulder width and to provide gentler and more stable vegetated side slopes. An off-site traffic
detour will be used during the crossline replacement. Ten linear of permanent impacts to Waters of the
U.S./State is proposed with this project to bring road up to current highway safety standards. This
stream is located in the Tar-Pamlico River Basin and discharges into Burnt Coat Swamp, which is
classified by the Division of Water Quality as C Sw NSW 28-79-30-2.
All work will be done in the dry. Sheet pile cofferdams and pump-around measures will be used to
divert the flow of water. Best Management Practices for the Protection of Surface Waters will be strictly
adhered to during the replacement of this crossline.
[phone] x 3532 [e-mail]
Post Office Box 3165, Wilson, North Carolina 27895-3165
FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list two federally protected species for Halifax County
(Table 1).
Table 1- Federally Protected Species of Halifax County
Federal Habitat Biological
Common Name Scientific Name Status Present Conclusion
Red-cockaded Picoides borealis E N No Effect
woodpecker
Dwarf Wedgemussel Alasmidonta heterodon E N No Effect
Tar River Spinymussel Elliptio steinstansana E N No Effect
No element occurrences are listed on the NHP database within one mile of this crossline. During an on-
site visit, no pine trees suitable for RCW foraging or nesting are near, or adjacent to the crossline as
well as no suitable habitat for the Dwarf Wedgemussel or the Tar River Spinymussel was found. This
project is not likely to jeopardize the continued existence of any of the federally protected species listed
in Halifax County.
No sites eligible for listing on the National Register occur within the area of potential effect. This
project will not affect listed or eligible historic properties.
Regulatory Approvals
USAGE Section 404 Pen-nit: The project qualifies for Nationwide Permit 3 (Maintenance of previously
approved structures) and Nationwide Permit 33 (Temporary Construction, Access and Dewatering). All
permit conditions will be followed. For our files, please provide general permit verification that the
activity is authorized.
NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3494
and 3366. All conditions of the general certification will be followed.
NCDW Buffer Rules: As road crossings less than 150 linear feet or 1/3 acre are an allowable use,
written authorization from the Division of Water Quality is not required. Only Buffer Rule approval is
soumht in writing.
Please contact Jamie Guerrero at [phone] or Chad Coggins [phone] if you have any
questions or need additional information. Your time and effort are appreciated.
Respectfully Yours,
t.U. eene, Jr., PE
Division Engineer - Division 4
Cc: Mr. Jamie Guerrero, Division Environmental Officer
Mr. Jimmy Mader, Bridge Superintendent
Mr. Bobby Lewis, Division Maintenance Engineer
Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. 0 0 6 7 Z g
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: R. E. Greene - Division Engineer
Mailing Address: PO Box 3165
Wilson, NC 27895-3165
Telephone Number: 252-237-6164x3501 Fax Number: 252-234-6174
E-mail Address: rgyreene(d)dot.state. nc.us
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jamie Guerrero Division 4 Environmental Officer
Company Affiliation: Division 4 - NCDOT
Mailing Address: 509 Ward Blvd.
Wilson NC 27895-3165
Telephone Number: 252 237-6164x3530 Fax Number: 252-234-6174
E-mail Address: iguerrero(iNot.state. nc.us
Updated 11, 12005
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Pipe Replacement on SR 1210 over Unnamed Tributary(UT) to Burnt
Coat Swamp in Halifax Countv
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County:_ Halifax USGS Enfield Quad map Nearest Town:Enfield
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): This site is on Sr 1210
and is located about 0.5 miles southeast of 195 between exits for NC 481 and NC 561 in
Halifax County
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.2322 °N 77.7336 °W
6. Property size (acres):
7. Narne of nearest receiving body of water: UT flows into Burnt Coat Swamp
River Basin: Tar River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: rural area forested around stream with some farmland in the
area
updated I 1/ I 2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Using mechanical highway equipment to replace existing 40' X 48" CMP with 50' X 67"
corrurated aluminum pipe with aluminum headwalls Off-site detour will be used
11. Explain the purpose of the proposed work Current pipe is failing causing cracks and holes
in pavement. The upgraded pipe with headwalls will also provide gentler and more stable
vegetated side slopes and bring this site up to current NCDOT construction and safety
standards.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:. Ten linear feet or 0.001 acres of
pennanent fill in stream channel from additional pipe length. The additional 10 foot of pipe
undated I l i 1 ,2005
Page 7 of 13
length is required to increase the shoulder width to meet current NCDOT construction and
safety standards, as well as providing gentler and more stable vegetated side slopes
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list imnacts due to both stnieture and floodino
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

"Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intennittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must he included- To cnic elate ncrenoe mnltinly lencrth X viiilth fhnn `t-M. 1- Al AZA0
Stream Impact
Number
indicate on ma
( )
Stream Name
"Type of Impact Perennial or

Intermittent'? Average
Stream Width

Before Impact Impact
Length

(linear feet) Area of
Impact

(acres)
UT to Jacket
Swamp Fill (additional
pipe length)
Perennial 8
] 0
.001
UT to Jacket
Swamp Temporary sheet
pile for dewatering perennial 0 0 0

Total Stream Impact (by length and acreage) 10 .001
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation- dredoino flnndino irninncrv h„llncorlc -+-
Open Water Impact
Site Number ?.
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay, Area of

Impact
(indicate on ma)
ocean, etc.)
(acres)
Updated I I i 1 /2005
Page 8 of 13
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect-
Stream Impact (acres): .001
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .001
Total Stream Impact (linear feet): 10
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A
VII. Impact Justification (Avoidance and Minimization)
watering, irrigation, aesthetic, trout pond,
Expected pond surface area: N/A
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Equipment staging and work
will be performed within the existing road footprint Strict enforcement of Best Management
Practices for sedimentation and erosion control the protection of wetlands and surface waters
will be enforced. Offs_ite detours will be used to avoid temporary fill from an onsite detour.
Updated 11/1/2005
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/iicwetlands/stn-ngide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wEp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Updated 11,1/2005
Page 10 of 13
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
lX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ® Meets Federal Categorical Exclusion criteria
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
snap, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Tar River )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Required
(square feet) Multiplier Mitigation
I (9 p
2
Total ?-p
* Zone I extends out 30 feet perpendicular from the top of the near bank of , ianncl; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated 11,1,2005
Page 1 I of 13
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
All appropriate best management practices for sediment and erosion control will be
implemented.
XI I. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetIands. If no, please provide a short narrative description:
This pipe replacement is a general maintenance project
Updated I I A 12005
Page 12 of 13
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/A -a6
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1I/I/2005
Page 13 of 13
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December 7, 2006
Halifax County
DWQ Project No. 20061775
SR 1210
State Project # DF11604.2042800
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. R. E. Greene, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Dear Mr. Greene:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
a pipe replacement on SR 1210 in Halifax County:
Stream Imnacts in theTar-Pamlico River Basin
Site Permanent Fill in Perennial Temporary Dewatering Total Stream
Stream (linear ft) in Perennial Stream Impact (linear ft)
linear ft
1 10 10 concurrent 10
Total 10 10 concurrent 10
Total Stream Impact for Project: 10 linear feet.
Tar-Pamlico Rinarian Buffer Imnacts
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
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
1 600 0 600 N/A 0 0 0 N/A
Totals 600 0 600 0 0 0 0 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 600 square feet.
The project shall be constructed in accordance with your application dated received November 14, 2006. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Numbers 3494 and 3366. This certification corresponds to the Nationwide Permit 3 and Nationwide Permit 33
issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A
NCAC.0250). 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.
One
N hCarolina
C1EllCll??j?
Transportation Permitting Unit
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
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
O
O 'N 111l? 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
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 or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification as well as those listed below.
Conditions of Certification:
1. 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 permit modification will be required.
2. Riprap should 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.
3. For any streams being impacted due to site dewatering activties, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
4. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
5. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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.
6. Pursuant to NCAC 15A 2B.0259(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico 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 1 is not
compromised and that discharge is released as diffuse flow.
7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
8. 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.
NQonrthCarolina
Transportation Permitting Unit Naturaly
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/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
OF W ATF9
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
9. The dimension, pattern and profile of the stream above and below the crossing should not be modified.
Disturbed floodplains and streams should be restored to natural geomorphic conditions.
10. 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.
11. 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.
12. 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.
13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
15. 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.
16. 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.
17. 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.
18. 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.
19. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
20. 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 be located in wetlands or streams,
compensatory mitigation will be required since that is a direct impact from road construction activities.
21. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project
No r hCaro}ma
Transportation Permitting Unit Natn'"1j1
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% Recycledl10% Post Consumer Paper
OF W ATF9
o Niii? -14?
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
22. 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 Erasion
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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at (9190 733-9817.
'Sincerer,
Ian W. Klimek, P.E.
Attachments (General Certification and Certificate of Completion form)
cc: Jamie Guerrero, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
DWQ Raleigh Regional Office copy
File Copy
One
NliCaro)ma
Transportation Permitting Unit Naturalll, f
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