20111075 Ver 1_Approval Letter_20120119

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Edves Perdue Charles Wakild P E
Governor Director
January 19 2012
Dr Greg Thorpe PhD Manager
Project Development and Lnvironmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dee Freeman
Secretary
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to U S 158 from Murfreesboro Bypass to
U S 13 west of Winton in Hertford County State Project No 6 079007T I IP R 2583
NCDWQ Project No 20111075
Dear Di fhorpe
Attached hereto is a copy of Certification No WQC003875 issued to The North Carolina Department of
Transportation (NCDOT) dated January 19 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
t( h,irles Wak►ld P E
i Dtrectot
Attachments
cc Bill Biddlecome US Army Corps of Engineers Washington Field Office
Jerry Jennings PE Division I Engineer
Clay Willis Division I Environmental Officer
Chris M►litscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Cathy Brittmbham Division of Coastal Mana&ement
Garcy Ward NCDWQ Washington Rc&ional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991650
Location 512 N Salisbury Street Raleigh North Carolina 27604
Phone 91M07 63001 FAX [phone]
Internet http Uportal ncdenrorgtwebhvq
An Equal Opportunity 1 Affirmative Action Employer
NorthCai olina
Naturally

401 Water Quality Certification Put suant to Section 401 of the Federal Clezn Water Act with ADDI1 ZONAL
CONDITIONS
THiS CERTIFICATION is issued in conformity with the redunements of Section 401 Public Laws 92 500 and
95 217 of the United Stites and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in
15 NCAC 2H 0500 This ceitification authorizes the NCDOT to impact 5 26 acres ofjurisdictional wetlands and
2 054 linear feet of jurisdictional streams in Hertford County The project shall be constructed pursuant to the
application dated received December 9 2011 The authorized impacts aie as described below
Stream Impacts in the Chowan Rivet Basin
Site
Station
Permanent
1111! to
Intel mittent
Stream
(linear ft)
Temporary
y
Fill to
Intermittent
Stream
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(lineal ft)
Total
Stt cam
Impact
(linear ft)
Permanent
Stream
impacts
Requiring
Mitigation
(linear ft
1
L•23+00
i
L- 23 +00
60
34
94
0
2
L 146 +94 TO 154 +23
oil
O 1 1
230
20
250
230
3
Lr 172 +45 TO 176 +66
114
10
124
0
5
L- 185 +51 TO 1914 97
175
20
195
175
6
L-209+39
Riparian
001
97
10
107
0
7
Lr 2181.25 TO 221 F76
240
L- 185 +51 TO 191 +97
Riparian
012
240
0
7
G 218 +25 rO 221 +76
028
018
378
26
404
378
8
L- 230+30
190
4
041
041
194
0
9
L- 237+05 TO 241 +50
130
005
0 62
130
0
16
1.349+96
Riparian
0 05
18
10
28
0
16
Lr 351 +58
12
1, 278+27
72
18
90
0
16
L 352 +44
002
001
70
20
90
0
17
L 360.110
58
50
001
001
108
0
TOTAL
1 618
1;4
1 214
168
2054
783
Total Stream Impact for Project 2 054 linear feet
Wetland Impacts in the Chowan River Basin
Site
Station
Wetland
T
Type
Permanent
Fill (ac) )
Temporary
F11 ac
( )
Excavation
(ac) )
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
(ac)
Impacts
Requiring
Mitigation
( -Ic)
i
L- 23 +00
Ripai Ian
008
001
002
oil
O 1 1
2
lr 146-194 10 154 +23
Ri ai ian
125
045
170
1 70
3
L- 172 +45 1 O 176+66
Riparian
038
Oil
005
054
049
4
L- 177 +35 10 179 +36
Riparian
001
009
0 15
002
027
025
5
L- 185 +51 TO 191 +97
Riparian
012
006
010
028
018
9
lr 237 +05 10 241 +50
Ripai ian
037
004
041
041
10
Lr 241 +66 TO 244 +75
Riparan
001
005
0 62
068
006
11
1- 255+75
Riparian
0 05
0 02
007
007
12
1, 278+27
Ri at ian
O U 1
0 01
002
001
13
1, 283 +40
Riparian
001
001
001
14
1,291+25
Riparian
003
001
004
004
15
1- 337 [phone]
Riparian
008
012
020
020
16
1-352+44
Riparian
067
067
067
16
Ir 354 +21
Riparian
022
022
022
17
1-360+10
Ri aiian
001
001
002
004
002
TOTAL
297
000
067
1 080
082
526
444
Total Wetland Impact for Project 5 26 acres

The application pi ovides adequate assurance that the dischaigt, of fill m iterial 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 dischaige guidelines fhetefore the State of North Carolina 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
Phis approval is only valid for (lie pu►pose and design that you submitted in you► application dated received
December 9 2011 Should your project change you are required to notify the NCDWQ and submit a new
application If the propei ty is sold the new owner must be given a copy of this Certification and approval letter and
is thereby responsible fo► complymg with all the conditions If any additional wetland impacts or stream impacts foi
this project (now or in the future) exceed one acre o► 150 linear feet iespectively 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 � ou should obtain all othei federal state
or local permits before proceeding with your project including (but not limited to) Sediment and Erosion conti of
Coastal Stormwater Non discharge and Water Supply watershed regul- itions This Certification shall expire on the
same day as the expiration date of the corresponding Corps of EnLineers Permit
Conditions of Certification
I 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 sites NCDWQ staff shall be invited to the
pre construction meeting
2 Compensatory Mite ation
Compensatory mitigation for 783 linear feet of impact to streams is required We understand that
you have chosen to pet form 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 pi oject EEP has indicated in a letter dated Febi uary 15 2011 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above referenced project in accordance with the North Carolina Department of
Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument
signed July 28 2010
b Compensatory mitigation for impacts to 4 44 acres of riparian wetlands 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 February 15 2011 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation
requirements for the above referenced project in accordance with the North Carolina Department of
Environment and Natural Resources Ecosystem Enhancement Program In Lieu I ce Instrument
signed July 28 2010
The permittee will need to adhere to all appropriate in water work motatona (including the use of pile
driving or vibration techniques) prescribed by the National Marine Fisheries Service and the North
Carolina Division of Marine Fisheries No in water work is permitted between February 15 and June 30 of
any year without prior approval from the NC Division of Water Quality the National Marine fisheries
Service and the North Carolina Division of M-irine Fisheries In addition the perm►ttee shall conform to
the NCDOT policy entitled Stream Ciosstng Guidelines for Anadromous %7Slr Passage (dated May 12
1997) at all times
4 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
Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge
and pre treated through site appropriate means (grassed swales preformed scour holes vegetated buffers

etc) before enteting the stream Please refer to the most current version of Stoi inm atei Bert Management
Y/ acticev
6 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically Jetting of other methods of pile dtivmg are prohibited without pilot
written approvll from NCDWQ first
7 No drill slurry orwatei 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
8 All pile driving or drilhn& activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification
9 1 urbidity curtains shall be used to isolate all work areas from the stream at Potec-is► Creek including pile
or casement installation placement of riprap excavation or filling Strict adherence to the Construction
and Maintenance Best Management Practices will be required
I0 All bridge con struction shall be performed from the existing bridge temporary work bridges temporary
causeways or floating of sunken barges If work conditions require barges they shall be floated into position
'ind then sunk Fhe barges shall not be sunk and then dragged into position Undw no circumstances should
barges be dragged along the bottom of the surface water
1 I Unies s otherwise approved in this certification placement of culverts and other structures in opLn 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 tt mporary 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 downstream 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 metdue 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 pen-nit modification will be required
12 if multiple pipes or barrels are required they shall be desq ned to manic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and /or sills where appropnatt,
Widening the stream channel should be avoided Stream channel widening at the inlet of outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased maintenance
and disrupts aquatic life passage
13 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
14 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
15 The strea in 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 v ell as to vegetation
responsible for maintaining the stream bank stability
16 With the c xception of Creeping Red Fescue (Fcstuca i ubi a) 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 shalt be used in conjunction with an appropriate
native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the follo\N ing
exception Frosion control matting is not necessary if the area is contained by per imetei 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 Lntrap 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 N%aterti ni prohibited Rip man art, is a►e detmtd as a distarnct, 25 feet landward from top
of stre-im bank
General Conditions
17 The outside buf fer wetland or water bound -irk located within the construction corridor approved by this
authorization shall be cleat ly marked by highly visible fencing prior to any land d►sturbin& activities impacts
to areas within the fencing, are prohibited unless otherwise authorized by this certification
18 If concrete is a sed durinb 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
19 Durm g the construction of the project no stagm& of equipment of any kind is permitted in waters of the
U S or protected riparian buMrs
20 The dime nsion pattern and profile of the stream above and below the crossing shall not be mod►ft,d
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
21 No rock sand or other mates ials shall bt, dredgt,d from the stream channel except where authorized by this
certification
22 The use of rip rap above the Noi trial I sigh Water Mark shalt 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
23 1 he Pe rmittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval
24 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures
from the most currt nt 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
25 Heav y 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
26 All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels lubricants hydraulic fluids o► other toxic m-nterrals
27 D►schar gm& hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
28 Sedi ment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
29 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
30 Native r►paiian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growmg season following completion of constriction
31 There shall be no excava tion from or wastt, disposal into jurisdictional wetlands on waters associated with
this permit without appropriate modification Should waste or borrow sites or access roads to waste o►
borrow sites be located in wetlands or streams compensatory mitigation will be required since that is a direct
impact from road construction activities

32 Etosion and sediment control practicu.s must be in full compliance with all specifications t,overning 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 veision of the Noah Carolina Scdnmcnt and
frovion Conn of Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion contiol measures
must be such that they equal or exceed the requirements specified in the most recent version of
the Not th Cat olina Sediment and Et avian 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 Noith 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
33 1 he peimtttee a nd its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requnements 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 bemg violated or that fuither conditions alc necessary to assure compliance NCDWQ may
reevalu-ite and modify this certification
34 A cop y of this Water Quality Certification shall be maintained on the construction sih, at all tires in
addition the Water Quality Certification and all subsequent modifications if any shall be maintained with
the Division Engineer and the on site project managet
35 The Pe r►n►ttee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
36 The issua nce 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 mcludmg but not limited to applrcablc. buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
37 Upon co mplet►on of the project (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 a]1 work included in the 401 Certification has been completed
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 Perin it 'I his 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 00pm except
for official state holidays The original and one(]) 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 Admmistiat►ve Hearmgs is
Office of Administrative Hearings

6714 Mail Servicc. Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be sei ved on D>NR as follows
Ms Mary Penny 'I hompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 19th day of January 2012
DIVISION OF WA FER QUALITY
9-1�-ZY-
Charles Wakild P F
k-0y Director
WQC No 003875

.,a...kv X
NC®ENR
Nor1h Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
NCDWQ Project No County
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
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 applic-int the applicant s authorized agent of 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 Date
Agent s Certification
1 hereby state that to the best of my abilities due care and dilif ence
w ,ts used in the observation of the construction such that the construction was observed to be built within subst int►il
compliance and intent of the 401 Water Quality Certific ition and Buffer Rules the approved plans and
specifications and other supports ib mater ials
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 mater ials
Signature _ Re6istiation No
Date
Transportation Permitting Unit
1650 Mad Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury Street Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet htto !!portal ncdenr orglwebAvq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Vatlfi"alllf