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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
Division of Water Quality
934 Washington Square Mall
Washington, N.C. 27889
Attention: Garcy Ward
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LYNDO TIPPETT
SECRETARY
December 12, 2007
0 4~31'~ i•3
Subject: Request for 401 modification for Bridge #52 (B-3348) over Wallace Canal in
Hyde County.
The NCDOT request a Pemut Modification to DWQ certification # 040314. The original permit
application to DWQ stated NCDOT will place three pipes under the Wildlife Boat Ramp Road, with the
intention of enhancing hydrology to the adjacent wetlands. This was done in an effort to mitigate for
impacts associated with filling a roadside canal for bridge # 52 roadway approaches. After further review of
the pipe installations NCDOT is proposing to eliminate the 3 - 24 inch pipes and mitigate for the canal
surface water impacts by providing the excess of the Coastal Marsh Restoration of 0.24 acres created by the
project. The bridge replacement project created 0.64 acres of wetland restoration. Project # B-3348 used
0.26 acres and project # B-3349 used 0.14 acres. This leaves a remaining 0.24 acres of restoration
available. NCDOT is proposing to use the 0.24 acres in place of the 3-24 inch pipes to off set surface water
impacts to the canal. The 0.24 acres will be monitored, as stated in condition (b) of the COE permit #
200411262.
I have included with this request a copy of the original permit and permit drawings indicating the
impacted and restored wetland areas. NCDOT will be applying for a modification of the LAMA permit and
COE permit. Thanks for you efforts in this matter, if any additional information is needed, please call me at
(252) 482-7977.
Sincerely,
Jerry Jennings
Acting Division Engineer
Clay Willis " _ d ~~
Division Environmental Officer
Cc: Sonja Gregory, DWQ
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MAY 4 2004
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PDEA-0FF1CE OF NANAAI ENY~
APPROVAL OF 401Water Quality Certification
Dr. Gregory J. Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Depaztment of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
t.~rldpX'1x70CK~. 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
Coleen Sullins
Division of Water Quality
April 23, 2004
Hyde County
DWQ Project No. 040314
T.I.P. Number B-3348
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MAY 4 2004
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~, You have our approval, as described in your application dated February 23, 2004 and in accordance with the
attached conditions and those listed below, to place fill material in 0.48 acres of surface waters, fill 0.2 acres in
wetlands and creation of 0.64 acres of wetlands for the purpose of replacing bridge #52 over an unnamed canal and
bridge #54 over Kitty Creek on US 264 in Hyde County. The project shall be constructed in accordance, with your
application dated Februazy 23, 2004 (received Mazch 2, 2004). After reviewing your application, we have decided
that General Water Quality Certification Number 3400 covers this fill. This certification corresponds to the Regional
Permit Number 198000291 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico River
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 unless otherwise
specified in the Water Quality Certification.
The authorised impacts aze as described below:
Station Wetlands Surface Created
(acres) Waters Wetland
(acres)
11+50- 0.46
31+00
11+00- 0.02
Y-LT
18+80- 0.2
21+85
11+so- 0.64
31+00
Station Zone 1 Zone 2
Impacts Impacts
(ftZ) (ftZ)
21+50-24+20-L 625 1000
29+00-31+00-L 1050
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
F W q TE Michael F. Easley, Governor
\O~~ RQL William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Cq f Alan W. Klimek, P.E. Director
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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 futwe) exceed one acre, or of total
impacts to streams (now or in the future) exceed 1501inear 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.
~ 1. All constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified
within 15A NCAC 2B .0259 (5).
2. Upon completion of work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-
1650.
+ 3. 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.
~ 4. The post-construction removal of any temporary bridge structwes will need to return the project site to its
preconstruction contows and elevations. The revegetation of the impacted areas with appropriate native species
may also be necessary.
5. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water
Quality Certification.
~ 6. The NCDOT will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving
or vibration techniques) prescribed by the NC Wildlife Resowces Commission, the US Fish and Wildlife
Service, and National Marine Fisheries Service.
7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
° 8. 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.
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9. Discharging hydroseed mixtwes and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
lO.Pursuant to NCACISA 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and
erosion control devices in Zone 1 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.
~' 11. All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contows and revegetated with native woody species upon completion of the project
construction. Apost-construction as-built with the restoration activities included shall be submitted to the DWQ
no later than 60 days after the project is closed out by the Department of Transportation.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
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,,,~ 12. The outside buffer, wetland or water boundary as well as along the construction corridor within these boundaries
approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0250.
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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 John Hennessy at 919-733-5694 or Mike Thomas at 252-946-6481.
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Attachments:
Alan W. Klimek, P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
DWQ Washington Regional Office
Cathy Brittingham, DCM
File Copy
c:\ncdot\TIP B3348\wqc\040314wgc.doc
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
O~O~ W A T ~9PG
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ 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:
Engineer's Certification
Partial Final
Date:
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
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Registration No.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786
Customer Service: 1 800 623-7748
OF WATF9
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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
September 29, 2006
Hyde County
DWQ Project No. 20040314 v.2
TIP B-3348
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER RULES
with ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Wetlands
Site Number
(acres) Buffer Zone 1 Buffer Zone 2 Open Water
(square ft) (square ft) (acres)
TIP B-3348 0.26 1675 1000 0.48
Net Total Im acts 0.26 acres 2,675 0.48 acres
The project shall be constructed in accordance with your application dated August 29, 2006 for the purpose of replacing
Bridge Number 52 over Wallace Canal and Bridge Number 54 over Kitty Creek on US 264 in Hyde County. All the
authorized activities and conditions associated with the original Water Quality Certification dated Apri123, 2004 and all
subsequent modifications still apply except where superseded by this certification. After reviewing your application, we
have decided that these impacts aze covered by General Water Quality Certification Number 3403. This certification
corresponds to the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico
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 issued by the US Army Corps of
Engineers (this condition supersedes Condition 10 of General Certification 3403 issued March, 2003).
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 total impacts to streams or buffers (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.
1.) 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.
2.) The petmittee 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
NoithCazolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 ~aturQ~ly
FAX (252) 946-9215 Internet: vuww.ncwaterquality.org
An Equa! OpportunitylAffinnative Action Employer - 50% Recycled110% Post Consumer Paper
3.) 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.
4.) 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.
5.) 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.
6.) 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.
7.) 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.
8.) 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.
9.) 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.
10.) Heavy equipment may be operated within the stream channels however, its usage shall be minimized.
11.) 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.
12.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
13.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized
by this certification..
15.) 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.
16.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
17.) 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.
18.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise
approved by this certification.
19.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. 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.
20.) 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.
21.) Bridge deck drains should not discharge directly into the stream. Stormwater should 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.
22.) 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 species.
23.) The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and
National Marine Fisheries Service. In addition, the permittee shall conform with the NCDOT policy entitled "Stream
Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
24.) 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.
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