20120296 Ver 1_Water Quality Certifications_20120524

AL A ��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
May 24 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the Proposed Widening of U S 13/U S 158 from U S 158/N C 45
near Winton to the U S 158 Bypass in Tarheel in Hertford and Gates Counties TIP R 2507A
NCDWQ Project No 20120296
Dear Dr Thorpe
Attached hereto is a copy of Certification No 003918 issued to The North Carolina Department of Transportation
(NCDOT) dated May 24 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
harles ak>ld
Director
Attachments
cc Bill Biddlecome US Army Corps of Engineers Washington Field Office (electronic copy only)
Jerry Jennings PE Division I Engineer
Clay Willis Division I Environmental Officer
Chris Militscher Environmental Protection Agency (electronic copy only)
Gary Jordan US Fish and Wildlife Service (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham Division of Coastal Management
Michael Ellis Ecosystem Enhancement Program
Garcy Ward NCDWQ Washington Regional Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
NorthCarohna

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS 4
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 This certification authorizes the NCDOT to impact 20 26 acres ofjurisdictional wetlands and
278 linear feet of jurisdictional streams in Hertford and Gates Counties The project shall be constructed pursuant to
the application dated received March 23 2012 along with any additional information received The authorized
impacts are as described below
Stream Impacts in the Chowan River Basin
Total Stream Impact for Protect 278 linear feet
Wetland Impacts in the Chowan River Basin
Site
Station
Permanent Fill
Temporary Fill
Permanent Fill
Temporary Fill
Total
Stream Impacts
Total Wetlanid
Impact (acreequired
itigation
acres
in Intermittent
in Intermittent
in Perennial
in Perennial
Stream
Requireing
Site
Station
Stream
Stream
Stream
Stream
Impact
Mitigation
(linear ft
(linear ft
inear ft
inear ft
inear feet
linear ft
2
L 42 +53 LT /45+00 RT
12
22
34
0
23
L 193 +72/200+00 LT
Riparian
208
46
46
0
34
L 286 +82/288 +95 RT
7
L 114 +66 LT
163
35
198
163
TOTAL
0
0
175
103
278
163
Total Stream Impact for Protect 278 linear feet
Wetland Impacts in the Chowan River Basin
Site
Station
Wetland Type
Perm
Fill
acres
Temp
Fill
acres
Excavation
(acres)
Mechanized
Clearing
acres
Hand
Clearing
(acres)
Total Wetlanid
Impact (acreequired
itigation
acres
1
Y 39 +13/47 +58 RT
Non riparian
056
0 18
074
074
3
L 50 +07 RT
Riparian
<0 01
<0 01
0
0
5
L78 +40/105 +70 RT
Riparian
201
03
231
231
6
L 106 +75/130 +10 RT
Riparian
208
024
232
232
7
L 114 +66 LT
Riparian
<0 01
001
001
8
L 133 +54/135 +15 RT
Non riparian
002
002
004
004
9
L 136 +42/138 +20 RT
Non riparian
016
002
0 18
0 18
10
L 140 +38/146 +64 RT
Fi anan
1 16
007
123
123
11
L 140 +85/148 +32 LT
Riparian
025 1
009
034
034
12
L148+52/164+75 RT
Riparian
3 11
019
3 3
33
13
L 150 +29/161 +68 LT
Riparian
024
013
037
037
14
1163+11/164+34 LT
Riparian
002
001
003
003
15
L 166 +16 RT
Non riparian
002
002
002
16
L 170 +33/174 +46 LT
Non riparian
Oil
005
016
0 16
17
L 170 +37 /174 +21 RT
Non riparian
069
1
004
073
073
18
L 177 +53/178 +71 RT
Non riparian
0 13
1
001
014
0 14
19
L 179 +46/186 +38 RT
Non riparian
1 18
008
126
126
20
L 179+82/184+41 LT
Non riparian
009
1
004
0 13
0 13
21
L 186 +73 / 189 +24 RT
Non riparian
046
003
049
049
22
L 187 +74/188 +97 LT
Non riparian
004
001
005
005
23
L 193 +72/200 +00 LT
Riparian
069
004
Oil
084
08
24
L 197 +26/198 +65 RT
Non riparian
Oil
Oil
0 11
25
L 206 +37/209 +41 LT
Riparian
041
003
044
044
26
L 207 +11/209 +10 RT
Riparian
006
002
008
008
27
L 211 +55/218 +79 RT
Riparian
100
Oil
008
1 19
1 19
28
L 215 +63/217 +36 RT
Non riparian
001
002
003
003
29
L 221 +70/226 +54 RT
Non ri arian
009
005
014
0 14
30
L 223 +64/237 +13 LT
Riparian
189
0 16
205
205
31
L 231 +19/233 +95 RT
Non riparian
005
003
008
008
32
L 239 +36/244 +31 RT
Non riparian
108
006
1 14
1 14
33
L 255 +35 LT
I Riparian
<0 01
<0 01
001
001
34
L 286 +82/288 +95 RT
I Non riparian
0 19
002
021
021
35
L 342 +13/344 +99 LT
I Riparian
004
1 003
007
007
36
Y 41 +62/41 +95 LT
I Non riparian
002
1
002
002
TOTAL
1798
004
Oil
1 213
0
2026
2022
Total Wetland Impact for Project 20 26 acres

The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 Carolma 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 March
23 2012 Should your project change you are required to notify the 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) 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 The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the
pre construction meeting
2 Mitigation
Compensatory mitigation for 163 linear feet of impact to streams is required We understand that
you have chosen to perform compensatory mitigation for impacts to streams 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 May 22 2012 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July
28 2010
Compensatory mitigation for impacts to 20 22 acres wetlands (5 68 acres non riparian and 14 54
acres riparian) 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 May 22 2012 that they will assume responsibility for satisfying the federal Clean Water Act
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 July 28 2010
At the temporary crossing of Buckhorn Creek (Site 23) all pipes rock fill material etc shall be placed on
barrier fabric placed in the natural channel profile of the stream The fabric shall be installed in such a way
that as best as practicable no temporary fill material will contact the natural stream channel No culverts
associated with the temporary crossing shall be buried When the culvert pipes and other fill material used
for the temporary crossing are removed all pipes rock fill dirt etc used as temporary fill shall be
completely removed and the stream channel shall be restored to the original natural profile Any
modifications to the stream channel shall be kept to a minimum
4 In accordance with commitments made in your application all clearing of vegetation for purpose of
relocating overhead power lines within jurisdictional wetlands shall be performed without the use of
mechanized equipment

5 The post construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations The impacted areas shall be revegetated with appropriate native 4J
species
6 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
7 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically betting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first
8 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
9 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification
10 All bridge construction shall be performed from the existing bridge temporary work bridges temporary
causeways or floating or sunken barges If work conditions require barges they shall be floated into position
and then sunk The barges shall not be sunk and then dragged into position Under no circumstances should
barges be dragged along the bottom of the surface water
11 Turbidity curtains shall be used to isolate all work areas from the stream at the Chowan River including
pile or casement installation placement of riprap excavation or filling Strict adherence to the
Construction and Maintenance Best Management Practices will be required
12 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
13 The stream channel shall be excavated no deeper than the natural bed material of the stream to the maximum
extent practicable Efforts must be made to minimize impacts to the stream banks as well as to vegetation
responsible for maintaining the stream bank stability Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species
14 Riprap shall not be placed in the active thalweg channel or placed in the streambed m a manner that precludes
aquatic life passage Bioengmeermg boulders or structures should be properly designed sized and installed
15 The permittee will need to adhere to all appropriate in water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission No in water work
is permitted between February 15`h and June 30th 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
16 Pipes and culverts used exclusively to maintain equilibrium in wetlands where aquatic life passage is not a
concern shall not be buried These pipes shall be installed at natural ground elevation
17 Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas For the establishment of permanent herbaceous cover erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception Erosion control matting is not necessary if the area is contained
by perimeter erosion control devices such as silt fence temporary sediment ditches basins etc Matting
should be secured in place with staples stakes or wherever possible live stakes of native trees Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid which can impinge and entrap
small animals For the establishment of temporary groundcover within riparian areas hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at

the appropriate rate in conjunction with the erosion control measures Discharging hydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited Riparian areas are defined as a distance 25 feet
landward from top of stream bank
General Conditions
18 Unless otherwise approved in this certification placement of culverts and other structures in open waters and
streams 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 NCDWQ If this condition is unable to be met due to bedrock or other limiting features
encountered during construction please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required
19 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
20 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
21 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
22 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
23 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
24 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
25 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
26 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
27 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
28 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
29 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
30 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited

31 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 NCDWQ 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 NCDWQ may
reevaluate and modify this certification
32 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
33 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction
34 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
35 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
36 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
37 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
38 Upon completion of the protect (including any impacts at associated borrow 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
39 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 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 you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered

filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 24th day of May 2012
DIVISION OF WATER QUALITY
Charles Wakild
Director
WQC No 003918

Beverly Eaves Perdue
Governor
NCDWQ Protect No
Applicant
Protect Name
A L
G�
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild P E
Director
Date of Issuance of 401 Water Quality Certification
County
Dee Freeman
Secretary
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and
any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting
Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned 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 supporting materials
Signature
Agent s Certification
Date
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 supporting materials
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 Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
Registration No
NorthCarohna
Naturally