20131308 Ver 1_Approval Letter_20140324

NCDENR •
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, 1111
Governor Director Secretary
TO:
Memorandum
David Wainwright
NCDENR - Division of Water Resources
1650 Mail Service Center
Raleigh, NC 27699-1650
FROM: Cathy Brittingham, Transportation Project Coordinator
DATE: January 24, 2014
SUBJECT: Federal Consistency Certification, Proposed new route from US 64 to NC 32,
Washington County, TIP No. R-3620
Please review and comment by February 14, 2014. Your responses will assist DCM in determining whether
the proposed project would be consistent with the State's Coastal Management Program. If the proposed
project does not conform to your requirements, please identify the measures that would be necessary to bring
the proposed project into conformance. If you have any additional questions regarding the proposed project you
may contact me at 919-707-9149 or e-mail at [e-mail].
REPLY
No Comment
:' This office supports the project as proposed
Comments to this project are attached
This office objects to the roject as proposed
Signed : iJ� /" Date: J7Zy /
S/ ('V
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w4 C, 06 :3 qyc
RETURN COMPLETED FORM
to
Cathy Brittingham, Transportation Project Coordinator
N.C. Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
or, via e-mail attachment to [e-mail]
1638 Mail Service Center, Raleigh, NC 27699-1638
Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 24, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and ISOLATED
WATERS PERMIT with ADDITIONAL CONDITIONS for the proposed new route from US 64 to NC
32 in Washington County, Federal Aid Project No. STP- OOOS(252), TIP R -3620.
NCDWR Project No. 20131308
Dear Mr. Hancock:
Attached hereto is a copy of Certification No. 003986 issued to The North Carolina Department of Transportation
(NCDOT) dated March 24, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
0
�f
Thomas A. Reeder
Attachments
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Jerry Jennings, PE, Division 1 Engineer
Clay Willis, Division I Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Cynthia Van der Wiele, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham, Division of Coastal Management (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Garcy Ward, NCDWR Washington Regional Office (electronic copy only)
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location. 512 N Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet. www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Natma!!ff

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and ISOLATED
WATERS PERMIT with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and Isolated water s permit. This certification authorizes the NCDOT to impact 12.23acres of
jurisdictional wetlands, 120 linear feet of isolated stream, and 158 linear feet of jurisdictional stream in Washington
County. The project shall be constructed pursuant to the application dated received December 18, 2013. The
authorized impacts are as described below:
Stream Impacts in the Pasquotank River Basin
Total Stream Impact for Project: 278 linear feet
Wetland Impacts in the Pasquotank River Basin
Site
Station
Permanent Fill
Temporary Fill
Excavation
(ac)
Total Stream
Stream Impacts
Total
Wetland
Impact (ac)
Station
in Perennial
in Perennial
Isolated Waters
Impact
Requiring
Site
0.73
Stream
Stream
(linear feet)
(linear ft)
Mitigation
--
--
(linear ft)
(linear ft)
0.00
0.00
(linear ft)
1
20 +22 -Lr
--
--
120
120
0
14
148 +73 -L-
114
44
--
158
0
TOTAL
114
44
120
278
0
Total Stream Impact for Project: 278 linear feet
Wetland Impacts in the Pasquotank River Basin
Site
Station
Fill (ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact (ac)
Impacts
Requiring
Mitigation (ac)
1
12 +35/44 +78 LT -L-
2.36
-
-
0.01
0.73
3.10
2.37
1
24 +22/24 +57 RT -L-
--
--
--
--
<0.01
0.00
0.00
1
30+15/32 +90 RT -L-
0.05
-
-
--
0.09
0.14
0.05
5
90+10/109+22 -L-
3.20
-
--
0.79
3.99
3.20
7
111 +39 LT -L-
<0.01
-
-
-
0.01
0.01
0.00
9
113+25/118+90 -L-
1.02
--
--
--
0.26
1.28
1.02
11
134 +35 -L-
0.05
-
0.01
0.02
0.01
0.09
0.08
12
137 +70 RT -L-
0.09
-
--
--
0.04
0.13
0.09
13
141 +10
0.07
--
--
--
--
0.07
0.07
14
146 +00 RT
--
-
<0.01
--
<0.01
0.01
0.01
14
147 +73/157 +50
1.80
-
--
0.01
0.44
2.25
1.81
15
170+30/172+90 -L-
0.39
-
-
--
0.06
0.45
0.39
16
179+05 -L-
<0.01
-
-
--
--
0.00
0.00
19
25 +60 LT -Yl-
0.04
--
-
-
0.02
0.06
0.04
1
-L -11 +67/20+25 Utility
<0.01
-
-
0.23
0.23
0.00
2
-L-24 +17/37 +33 Utility
<0.01
--
--
--
0.33
0.33
0.00
3
-L -40- 14/50+65 Utility
--
-
-
--
0.03
0.03
0.00
4
-L -174 +15/174 +43 Utility
-
--
-
0.02
0.02
0.00
5
-L -178 +85/179+45 Utility
--
0.01
0.01
0.01
0.03
0.00
7
-Y1 -25 +30/25 +78 Utility
--
<0.01
<0.01
--
0.01
0.01
0.00
Total
9.07
0.01
0.02
0.04
3.08
12.23
9.13
Total Wetland Impact for Project: 12.23 acres.
Open Water Impacts in the Pasquotank River Basin
Total Open Water Impact for Project: 0.11 acres.
i�
Permanent Fill in
Temporary Fill in
Total Fill in Open
Site
Open Waters (ac)
I Open Waters (ac)
Waters (ac)
15
0.11
--
0.11
TOTAL
0.11
0.00
0.11
Total Open Water Impact for Project: 0.11 acres.
i�

The application provides adequate assurance that the discharge of fill material into the waters of the Pasquotank
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, 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.
This approval is only valid for the purpose and design that you submitted in your application dated received
December 18, 2013. Should your project change, you are required to notify the NCDWR 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 any additional wetland impacts, or stream impacts,
for this project (now or in the future) exceed one acre or 150 linear 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 on the
same day as the expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
Project Specific Conditions:
Unless otherwise approved in this certification, placement of culverts and other structures in open 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 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 downstream of the above
structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by the NCDWR. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
2. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and /or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased maintenance
and disrupts aquatic life passage.
At locations where ponds will be drained, proper measures will be taken to drain the pond with limited impact
to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be
taken to avoid sediment release and /or sediment accumulation downstream as a result of pond draining. If
typical pond draining techniques will create significant disturbance to native aquatic species, additional
measures such as collection and relocation may be necessary to prevent a significant fish kill. NCDOT shall
consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most
appropriate measures to limit impacts to these species.
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. The stream 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 well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to
stream channel shall be temporary and be revegetated with native riparian species.
6. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, will not be buried. These pipes shall be installed at natural ground elevation.
7. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.

8. 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 shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained
by perimeter 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 entrap
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 waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.
9. Mitigation
a. Compensatory mitigation for impacts to 9.13 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 November 25, 2013 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above - referenced project, in accordance with EEP's Mitigation Banking Instrument signed July
28, 2010.
b. The project, as proposed, does not currently require compensatory mitigation for stream impacts.
However, should additional stream impacts occur, mitigation may be required.
General Conditions:
10. 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.
11. 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.
12. 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.
13. 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.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
15. 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.
16. 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.
17. 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.
18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.

20. 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 the NCDWR 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, the NCDWR
may reevaluate and modify this certification.
21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3: I, unless otherwise
authorized by this certification..
22. A copy of this Water Quality Certification shall be maintained 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.
23. 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.
24. The issuance 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.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.
25. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
26. Upon completion 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
NCDWR when all work included in the 401 Certification has been completed.
27. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction.
28. 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.
29. 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.
30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.

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 Permit. This 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:OOam and 5:OOpm, except
for official state holidays. The original and one (1) 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 Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 24th day of March 2014
DIVISION OF WATER RESOURCES
Q��q. A. Reeder
WQC No. 003986