20080439 Ver 1_Approval Letter_20080317

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March 17, 2008
Franklin County
DWQ Project No. 20080439
SR 1401
State Project No 5.203511
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER AUTHORIZATION,
with ADDITIONAL CONDITIONS
Mr. J.W. Bowman, P.E., Division Engineer
NCDOT, Division 5
2612 North Duke Street
Durham, NC 27704
Dear Mr. Bowman:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
repair of a failed slope along SR 1401 in Franklin County:
Stream Im acts in the Tar-Pamlico River Basin
Site Temporary Dewatering to
Perennial Stream linear ft Fill in Perennial Stream for
Channel Chan a linear ft Riprap Stabilization to
Perennial Stream linear ft Total Stream
Im act linear ft
1 80 50 Concurrent) 75 Concurrent) 80
Total 80 50 Concurrent ' 75 .Concurrent 80
Total Stream Impact for Project: 801inear feet. -
Tar-Pamlico Riparian Buffer Impacts
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 1214 0 1214 N/A 0 0 0 N/A
Totals 1214 0 1214 0 0 0 0 0
* n/a =Total for Site is less than 1/3 acre and 1501inear feet of impact, no mitigation required
Total Buffer Impact for Project: 1,214 square feet.
The project shall be constructed in accordance with your application dated received March 11, 2008. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B.0259). In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
1Vaoo e Carolina
Transportation Permitting Unit `r'u~uCQ«~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] I Internet: http:l/h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

O~ W ArfiR Michael F. Easley, Governor
William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
-y Coleen Sullins, Director
r Division of Water Quality
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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 future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation maybe 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. 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.
2. Pursuant to NCACI SA 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.
3. The channel relocation will be constructed in a dry work area and stabilized before stream flows are diverted.
Channel relocations will be completed and stabilized, prior to diverting water into the new channel. Vegetation used
for bank stabilization shall be limited to native riparian species, and should include establishment of a 50 foot wide
vegetated buffer on the side of the channel away opposite from the road fill, to the maximum extent practical. A
transitional phase incorporating coin fiber and seedling establishment is allowable: As stated in your application,
riprap is allowed on the side of the channel adjacent to the road fill slope; as necessary; to_maintain the physical
integrity of both the stream and road.
4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
5. For the 80 linear feet of streams being impacted due to site dewatering activties, the site shall be graded to stable,
natural contours and revegetated with appropriate native species.
6. 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.
7. 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.
8. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the pernut drawings
submitted for approval.
_ Ane Carolina
Transportation Permitting Unit ~lurully
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto•Nh2o enr state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

- Michael F. Easley, Governor
O~ W A T~~ William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
Q Coleen Sullins, Director
Uj ~ Division of Water Quality
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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 ntr duction of thehpollu ants into the streame stream channel in order to minimize
sedimentation and reduce the
12. All mechanized equ Wa e~ t from fuedls, lubricants, hydraulicuflubdsr oruother to pc cmaterialsmaintained to prevent
contamination of stream
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 designat p or achieved use) ° eevaluate and modify this cert fg tionated,
or that further conditions are necessary to assure com liance DWQ may
16. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the
Division Engineer and the on-site project manager.
17. The outside buffer, wetland or water boundary located within the construction comdor 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;eertification.
18. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that maybe imposed by other government agencies (i.e. local, state, and federal) having
_ jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
19. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
20. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed et reification of Completion Form" to notify DWQ when
all work included in the 401 Certification has been compl
21. Native riparian vegetation (i.e., trees and shrubs nativwin yseason lowing ompletuon of onstruction. within
- the construction limits of the project by the end of the gro g
=3.
22. 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.
No°e Carolina
~turallr~
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]ntemet: http~/Ih2o.enr.state.nc.uslncwetlands
An Equal OpportunitylAffirmative Action Empbyer - 50% Recycled110% Post Consumer Paper

Michael F. Easley, Governor
WATT William G. Ross Jr., Secretary
~~~ '~~ North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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23. Erosion and sediment con and o cerafion and mai enan epof such BestlManagelment Pra~tices nn
the proper design, installari p
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 thnuQ ost recent version of the North Carolina Sediment and Erosion
Control Planning and Design Ma
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exseoed, ControlU1Manual. sThe ldevices eshall be cmaintained on tall
North Carolina Sediment and Ero
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or lease
borrow pits associated with the project. erated,
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, op
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 wit
the requirements of the Sedimentation Pollution Control Act.
24. pediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
ou may ask for an adjudicatory hearing. You must
If you do not accept any of the conditions of this certification, y
act within 60 days of the date that you receive this letter. the Off e of Administrativ Hearings,t671: hMail Service
to Chapter 150B of the North Carolina General Statutes to unless ou ask for a
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding Y
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 [phone].
Sincerely,
Coleen S Tins
Director
Attachments (General Certification and Certificate of Completion form)
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Travis Wilson, NC Wildlife Resources Commission
File Copy
None Carolina
tura!!r~
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: htt :lth2o.enr.state.nc.uslncwetlands
An Equal OpportunflylAffirmativeActlon Employer - 50% Recycled110% Post Consumer Paper