20050785 Ver 1_Approval Letter_20100726

T •d
Y
Michael F. EazleY, Governor
William G. Ross it., Seorstary
North Carolina Department of Environment and Natural Resdurc95
Azar, W. Klimek, P,E. Director
Division of Water Quality
September 6, 2005
Ec•?.
Dr. Gregory J. T?torpe, PhD., Manager ??
)Planting and Envirorttnantal Branch SEP - a
North Carolina Deparu=t of Transportation
1548 -Mail Service Centex ?` pY ifJ ?-g ?1ir? f ??
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
Re: 401 WSW Quality Certification Pursuant to Section 401 of the Federal Clean'GVater Act and
soTqx uth of 1Z 1127
River Buffer Authorization for Proposed Improvements to US 17 (Washington 13yp ) from (Possum Track Road) to north of SR 1418 (Roberson Road) in Beaufort County, TIP No. R-2510 A, B and C,
State Project No. 8.T 150601, Federal Aid Project No. N AF-75-3(26).
D-vVQ Project No_ 050785
Attached. hereto is a copy of Certification No. 3527 issued to The North Carolina Department of Transportation
dated September 6,20M.
If we. can be of ftuther assistance, do not hesitate to contact us.
ly,
r
Alan W.1Iimek, P E.
Director
Attachments
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, Corps of Engineers Washington Field Office
Mr. Cnrimpher Militscher, iJS EPA, Region IV
.. IVlr: C.E.. Lassiter, Jr., PE, Division 2 Engineer, PO Box 1587, Greenville, NC 27835
Mr- Jay Johnson, Division 2 Environmmental Officer, PO Box 1587, Greenville;, NC 2783 27604
Nft. Chris Underwood, NEU, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh,
ivlr.William Grilmore,Ecosystem Enhancement Program .
Mr. Steven Sollod, NCDENR - DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigb, NC 27604
W Garcy Ward, NCDWQ Washington Regional Office
Central Files
File Copy
r/!'r2t? l?uN
Trsnsp046011 PeRriiltrng Unit
1650 Md Service Cerder, Raleigh, Norm Carollna 27696-1850
2321 Crabtree wuleqard, Suite 250, Raleigh, !North Carolina 27604
Phone: [phone].EAX.9t}733689311Marrra>: t+fs lrl?2o.state.nc.uef
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APPROVAL OF 401 Water Quality Certificatiop and ADDITIONAL CONDITIONS
And Tarr Pamlico River Buffer Rules
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Fublic Laws 92-500 and.
9S-217 of the. United 5*t6s and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 21-0ection .0500. The project shall be constructed pursuant to the application dated received August 5,
2005; to construct U'S 17 ('Washington Bypass) from South of SR 1127 (Possum Track Road) to North of SR 1418
(Robemon Road) in Beaufort County. Ttie approved design is that submitted in your application dated received
August 5. 2005. This certification, authorizes the NCDOT to impact 12.41 acres of jurisdictional wetlands,
perman6tly impact 4,244.4 linear feet of stream, 1.49 acres of surface water and impact 385,780.2 square feet of
protected Tar-Pan lico Riparian Buffers (234,117.8 square feet in Zone 1 and 151, 662.4 square feet in pone 2) in
Beadort County, The authorized impacts are as described below:

Site DCI;UVAX
Fill BA TV IP
Fill (temporary)
Excavation
Mechanised Clearing
(ae) (ac) (ac) Method III
(ac)
1 0.1184 0.0441 0.0142
2 0.22 0-0214 0.0238
3 0.0108 0.0072 0.0058
4 0.3314 0,3302 0.1425
5 0,0404 0.0877 0.0676
1639
0
6 1.0470 .
0051
0
7 0.1491 ,
8 2530
0 0.0128 O.OG46
. 0276
0
9 0.1186 0.0873 .
10 0.5961 0.1659 0.0655
0079
0
0.0359 .
I 1
12 0.0171
0789
0
15 0.1766 0,0154 .

16
0.2049 0.0475
17 0.0047 0.0093 .010055
Total 3.2881 0 0.8171 0.7204
¦?___.._ _- Ll_.. Ts.• _Y?6...IYnn Diver 11acin

$ite ox";--WVL a
Fill ?? G..... -
Fill (temporary)
Excavation
Mechanized Clearing
ac ac ac ac
007
0
1 0.092 .
2 0.017 0.013
.
3 0.431 0'040
4 3.062 0.149
5 0.122 0.011
6 0.216 0.050
1 1.554
8 0.049,
9 0.126 0.017
10 0.223
Total 5.. <' . 0.050 / 0.017 QM7
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Site Fin?w ., Fill (temporary) Excavation MecbsWzed Clearing
(ac ($c) (ac (ac)
"' 1A 0.022 0.027
1B . 0.074 0.021
iG 0.056 0.019
. 3 - 0.093 0.031
4 1.035 0.108 '
Total 1.15 0 0.13 0.206
$ect:ton A Surface Water
Permanent Fill in Swi sce
12 0.0140
13. 0.0087
.14 0.0119
15 0.0219
Stream Impacts in the Tar-Pamlico River Basin
Temporary Fill in Surface Permanent Streaw
Water (ac) (ft)
0.0061 113
0.0019 88
0.0096 52
0.0080 122
n nil n 1.03
_--a c•.,...,- T,,,, fame in the Tnr.Pnrnlirn River Basin

Site V4YwY., w Y
Permanent Fill 10 Surface
'.Temporary FM is Snrfaee .
Permanent Stream;3mpacts
Water (ac Water. (ac) A
1 0.011 121.6
2. 0.003 72.7
3 . 0.759
4 826.1
.. 6 0.069 0.033
.7 0.128 111$
8' . 0.074
0.051 278.9
Total 1.095 0.033 2.4173
n_ _.e__ !+ e__ __ 'tfiY_s.._ ..-.1 C+..e..... Tr a%aofa in the Tar_Pamlicn River Basin
Site Permanent Fill in Surface - -- Temporary Fill in Surface permanent stream XmPacts
Water (ac) Water (ac) (f
2 0.003 113.8
3 0.018 159.3
.4 0.287 841.6
5A 0.007 107.5
513 0.008 72.5
5C 0.006 54.4
Total 0.329 0 1 349.1
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Slte Zoue X
(s . ft. Zone 2
(s q. ft.) We!
Zone
1 12,548.7 7,215 1
2 7,000-1 4,327.3
3 10,019.3 5,931.8
4 13;129.4 6,$15.4
e 15 A05 7.489
t&4:7Z?o:ne ^ tion Required Mitigation Required
]l (s . ft, Zone 2 s , ft.
11,513.8 7,215
6.113.7 4,327.3
13,
11
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5,931.8
6,815-4
4,751.6
1,383..8
30,425.2
d
i ation Required
Miti
Site Zone 1
(s q. fk Zone 2
. ft. Wetlands in
Zone 1 (s q, ft Wetlands in
Zone 2 (sq. 1't-) re
Aifitigation Requ
Zone 1( . fL) g
Zone 2 ( , ft.)
1 6,676.6 4,450 4,312.9
2 2,842.1 1,992.6 1,179.5 98.8
436
4
1
1
073
8
4 49,735.4 32,361 48,299 24,297.9 .
, .
,
6A 9,424.7 6,215 2 35.5 3
6B 10,118.4 6,628.1 7.5 3
010 736.7
14
6C
7 29,045-5
60,721.8 19,778.2
38,160.8 35.5
3,079.2 41.5.
5,244.5 29,
57,642.6 ,
32,916.3
210
4 '
9
9 16,736.8 1.1, 9 2,253.9
- 1,944.5 14,482.9 .
r
,
5
936
'--,,`69
Total 0178 69 (j1 :7 9 /31,623.2 ?102,5719 .
J
Section C Co Tar-smliariaa? Butler Im ai

Site Zone 1 Zone 2 Wetlands in Wetlands in Mitigati
on

(sq. ft.)
(sq. ft.)
Zone 1(sq. ft,)
Zone 2 (sq. ft,) 1
Zone
( , R.)
lA 14,759.6 12,196 1,477.4 4513 13,282.:
3 10,208.7 6,621.8 521.8 934.7 9,686.9
4 5506.1 33,873.3 434.6 2.4 55,071.:
SC
1? 10gation Required
zone 2
(sqL t.)
11,742.7
5.687.1
7
ltti " anon R uirements for Neuse X1
Impact Replacement Total
(sq. fQ Ratio Impact wn Dunum rKV ML 7
)Fee schedule 7 naa
Payment amount
for Mitigation

Zane 1
Zane 2 234,117.8
151,662.4 3:1
1.5:1 702,353.4
227,493.6 $0.96/s q. ft,
$0.96/s q. ft. $674,259.26
$218,393.86

Total M itigation I'ayn,ent R ._ aired $8 53-12
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The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicableWater Quality
Standards and discharge guidelines. Therefore, the State of North Carolina =tifiies 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 August
5, 2005, as described in the Public Notice. Should your project cbange, you are required to notify the DWQ and
submit a no* 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 1501inear 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 three years from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Corps of Engineers Permi% whichever is sooner.
Condition(s) of Certification:
1. Erosion and sediment control practices must be in full compliance with all specifications'
governing the proper design, installation and operation and rtaaintenance of such Best
bUnagement Practices in order to protect surface waters standards:
a_ The erosion and sediment control me cures 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 dtsign, 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
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the mmximuln
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources
his released the project.
3. if an environmental document is required, this Certification is not valid until a FONS1
or ROD is issued by the State Clearinghouse. All water quality-related conditions of the >aONSI or ROD
shall become conditions of this Certification;
4. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened.
5- 'T'here shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required since it is a direct impact from road
construction activities-
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6. All channel relocations will be constructed in a dry work A:IY-A, And stabilised before stream flows are
diverted. Channel relocations will be completed and stabilized prior to diveHng water into the new
channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing
season. Vegetation used for bank stabilization shall be limited to native woody species, and should
include establishment of a 34 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both
sides of the relocated channel to the maximum extent practical.. A transitional phase incorporating coin
fiber and seedling establishment is allowable. Also, rip-rap may be. allowed if it is necessary to maintain
the physical integrity of the stream, but the applicant must provide written justification and any
calculations used to detonniuc the extent of rip-rap coverage requested.
7. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible parry shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
The NCDOT will need to adhere to all appropriate in-water work moratoriums (including the use of pile
driving or vibration tectroiques) 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, NCDOT shall conform with the NCDOT policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12,1997) at all times.
9. When final design plans are completed for R-2510 Section B and C, a modification to the 401 Water
Quality Certification and the Tar-Pamlico River Riparian Buffer Certification shall be submitted with
severe copies and fees to the NC Divisions of Water Quality. Final designs shall reflect all appropriate
avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters, and
bufFem , No constructions activities that impact any wetlands, streams, surface waters, or protected riparian
buffers located in R-2510 Section B and C shall begin' until after NCDOT applies for, and receives a
written modification 401 Water Quality Certification and Nome River Riparian Buffer Authorization from
the NC Division of Wafter Quality.
10. Compensatory mitigation for impacts 385,7802 square feet of Tar-Pamlico Riparian Buffers shall be
provided for as described below.
Zone of
Impact Impacts
S care Feet) Replacement
Ratio Total Square Feet of
Mitigation Required
Zone 1 234,117.8 3:1 702,354.4
zone 2 151,662.4 1.5:1 227,493.6
Total 385,780.2 929,848
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NiCEEP), and that
the EEP has agreed to implement the mitigation for the project. Mitigation for unavoidable impacts to
Tar-Pamlico Riparian Buffers shall be provided through an in-lieu payment to the North Carolina
Ecosystem Enhancement Program (NCEEP) at a rate of $0.96 per square foot. Therefore, a total payment
of $892,653.12 shall be submitted to the NCEEP to offset the impacts. No construction activities in Tar-
Pamlico River Riparian buffers shall begin until payment for buffer mitigation is made and the Ecosystem
Enhancement Program receives and clears your check (made payable to DENR Ecosystem Enhancement
Program)_ The payment to NCP" shall be sent within two months of issuance of the 404 permit. If you
have any questions concerning the Ecosystem Enhancement Program please contact them at 919-733-
11. Compensatory mitigation for impacts to 12.41 acres of juxisdictional wetlands shall be done. Total
mitigation shall be provided as described below:
- - - - ---------------------
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Qf 8ite compensatory mitigation
Compensatory mitigation for the unavoidable impacts to 8.53 acres of riparian
wetlands and 3.88 acres of non-riparian wetlands in the Hydrologic Cataloging Unit
03020104, associated with the proposed project shall be provided by the Ecosystem
Enhancement Program (BEP), as outlined in the letter dated August 4, 2005, and in
accordance with the Memorandum of Agreement (M©A) between the State of North
Carolina and the US Army Corps of Engineers signed on July 22, 2003.
12. Compensatory mitigation for impacts to 4,244.4 linear feet of streams shall be done at a repiaoement'ratio
of 2:1, except sites A3, and B7, which will be done at a ratio of 1:1. Applying a replacement ratio of 2-1
OT 1:1, total mitigation for 7,255.8 linear feet of streams shall be provided as dcscrilned below:
Qfsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 4,244.4 linear feet of streams
in the Hydrologic Cataloging Unit 03020104 associated with the proposed project
shall be provided by the Ecosystem Enhancement Program (EEP), as outlined in the
letter dated August 4, 2005, and in accordance with the Memorandum of Agreement
(MOA) between the State of North Carolina and the US- Army Corps of Engineers
signed on July 22, 2003.
13. 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.
14. All temporary fills in wetlands and surface waters shall be removed upon completion of the project. In
addition, the post-construction removal of any temporary bridge structures or All will need to return the
project site to its preconstruction contours and elevations. The revegetation of the impacted acees with
appropriate native species will be regtrired.
15. Riparian vegetation must be reestablished within the construction limits of the project by the end of the
growing season following completion of construction.
16. The dimension, pattern and profile of the stream above and below the crossing should not be modified by
.widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams
should be restored to natural geomorphic conditions.
17. Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
18. 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.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
20. Two copies of the final construction drawings shall be furnished to NCD'WQ prior to the pre-construction
meeting- Writtem verification shall be provided to the NC Division of Water Quality that the final
construction drawings comply with the attached permit drawings contained in your application dated
August 5, 2005.
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 certifleation.
22. NCDOT, 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(4) of the Clean Water
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Act) *^a any d .&r appropriate regvire.ments of State law and Federal law. If DWQ determines that such
standards or laws are not being met (includitlg 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 to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15,A NCAC 2H.0507(d).
23. 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.
24. DOT shall schedule a preconstruction meeting for this project prior to incurring any impacts in
jurisdictional waters including wetlands. The Division of Water Quality shall be notified a minimum of
30 days prior to tho preconstruction conicienee.
25, PIacermt of culverts and other structures in waters, streams, and wetlands must 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 shall be maintained if requested in writing
by DWQ.
26. If the above condition (#25) is unable to be met, due to bedrock or other limiting features encountered
during construction, please contact the NCDQVQ for guidance on how to proceed and to determine
whether or not a permit modification will be required
27. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters arrogated with
this perm it without appropriate modification of this permit. Should waste or borrow sites be located in
wetlands or stream, compensatory mitigation will be required r it is a direct impact fr om road
construction activities.
28. Any violations, during the construction of the approved project, of this 401 Water Quality Certification or
the North Carolina State Water Quality Standards as defined in 15A NCAC 2B .0200Itules.'shall be
reported immediately to the North Carolina Division of Water Quality.
29. Pursuant to NCAC15,A. 2B.0259(6), sediment and arosion control devices shall not be placed in Zone 1 of
any Tar-Pamlico Buffer without prior approval by the NCIDWQ. 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 fiow-
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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 unlass the above
conditions are made conditiozis of the Federal 404 and/or Coastal Area Management Act Permit. This
Certification shall expire upon the expiration of the 444 or CA.MA 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 1508 of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.Q. Sox
27447, Raleigh, N.C. 27611-7447. 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 Koch demands are made, this Certification shall be final and binding.
This the 6th day of Sepxmber 2045
DI`MI O WATER QU,AL1TY
Alan W. Klimek, P.
Director
'W'QC No. 3527
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