20081166 Ver 1_Approval Letter_20080806

„ O~ W H r~R IvIlu Idul r. CCI'ICy, l7Uvtn I lul
William G. Ross Jr., Secretary
OCR QG North Carolina Department of Environment and Natural Resources
(32 Coleen Sullins, Director
Division of Water Quality
O

August 6, 2008
Nash County
DWQ Project No. 20081166
SR 1321

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
repairing a scour hole at SR 1321 in Nash County:
Stream Impacts in the Tar-Pamlico River Basin
Site Ri ra in Perennial Stream linear ft Total Stream Impact linear ft
1 5 5
Total 5 5
Total Stream Impact for Project: 5 linear feet.

Tar-Pamlico Ri arian Buffer Imp acts
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 400 0 400 N/A
Totals 600 0 600 0 400 0 400 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: 1,000 square feet.

The project shall be constructed in accordance with your application dated received July 31, 2008. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3687. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is
also valid for the Tar-Pamlico Riparian Buffer Rules (15A NCAC 213.0259). 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.

One
rthCaro~pria
No
Transportation Permitting Unit Nturalllf
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
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William G. Ross Jr., Secretary
`OCR' ~G North Carolina Department of Environment and Natural Resources
co Coleen Sullins, Director
j Division of Water Quality
D ~

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. 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. 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.
3. 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.
4. 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.

5. The Pemiittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
6. 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.

7. 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.
8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.

9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10. 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.
11. A copy of this Water Quality Certification shall be maintained on site at the construction site at all rimes. 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.

NoithCarolina
Transportation Permitting Unit atur'71 Y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httg://h2o.enr.state.nc.us/ncwetlands
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' Michael F. Easley,
William G. Ross Jr., Secretary
F w ATFR North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
O
QG Division of Water Quality
r

land disturbing activities. Impacts to
approved by Ns within the construction corridor 12. The outside buffer, wetland or water boundary prior to any
highly visible fencing this certification. markd by authorization shall be cleaL ly ited unless otherwise authorized by
areas within the fencing aPohib with any and all statutes, rules,
exempt the Permittee from complying having
agencies (i.e. local, state, and federal)
13. The issuance of this certifimay beims imposed by government other ement rules, soil erosion and
regulations, or ordinances that limmayited to applicable buffer rules, stormwater manag
jurisdiction, including but not
sedimentation control requirements, etc.
violations of this certification to the Division of Water Quality within 24 ours o
14. The Permittee shall report any
discovery. the NCDOT
(including any impacts at associated borrow or waste let and return the
Upon completion of the project ro
lei the authorized agent if a non-DOT p Ject shall comp
ion Form' to notify DWQ when all work included in the 401 Certification has
15. Division Engineer (or whomever
enclosed "Certification of Comp
been completed. must be reestablished within
trees and shrubs native to your geographic region)
etation (i.e., owing season following completion of construction-
16. Native construction riparian limits ts of•the project by the end of the gr
i weands or waters associated with this
the
he
on from, or waste disposal into, jurisdicti o aaccess roads to waste or borrow sites, be
om road
17. There shall be no excavati
modification Should Baste or borrow sites,
compensatory mitigation will be required since that is a direct impact fr
permit without appropriate
located in wetlands or streams, construction activities. compliance with all specifications governing
18. Erosion and sediment control practices must be in fu installation and operation and maintenance of such Best Management Practices in
the proper design,
order to protect surface waters standards: erated, and
- and sediment control measures for the project must be designed, installed, op
a, The erosion ntr the most recent version of the North Carolina Sediment and Erosion
maintained in accordance with
operation, and maintenance of the sediment and erosion control measures
Control Planning and Design Manual.
b, The design, installation, exceed, the requirements specified in the most recent version of the
must be such that they equal, or
Carolina Sediment and Erosion Control Maoial. The devices shall be maintained on a
ro'ects, including contractor-owned or leased
North
construction sites, borrow sites, and waste pile (p pr
designed, installed, operated,
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be and maintained in accordance with the most recent version of the North Carolina Surface Mi iWith
Manual. lementation must comply with the reclamation in accordance
d. The reclamation measures and imp
the requirements of the Sedimentation Pollution Control Act.
19 s unless otherwise approved by
ontrol measures shall not be placed in wetlands or water
. Sediment and erosion c
this Certification.
One
Carolina
tura!!y
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] I FAX [phone] I Intemet: htt :lth2o.enr.state.nc°.usenc Recycled/10% Consumer Paper
er-50% cY
An Faual OpPodunitylAffirmative Action Employ

William G. Ross Jr., Secretary
`O~' QG North Carolina Department of Environment and Natural Resources
Uj Coleen Sullins, Director
> Division of Water Quality
o -c

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 [phone].
Sincerely,

a."
f,/Coleen Sullins,
Director

Attachments (General Certification and Certificate of Completion form)

cc: Chad Coggins, Division 4 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
File Copy

One
N~o
rthcarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper