20090261 Ver 2_Approval Letter_20140421

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
April 22, 2014
Pitt County
NCDWR Project No. 20090261 v.2
Widening of NC 43
TIP /State Project No. U -5018A
MODIFICATION of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson, Division Environmental Officer
NCDOT, Division 2
105 Pactolus Highway (NC 33)
Greenville, NC 27834
Dear Mr. Johnson:
We have reviewed your modification request, dated March 13, 2014, for NCDWR project No. 20090261 in which
you requested modifications to onsite mitigation monitoring conditions. The 401 Water Quality Certification is
hereby modified as described below and replaces conditions 4, 5, 7, and 8 on the original WQC issued March 30,
2009. All other conditions contained in the original Certification dated March 30, 2009 remain in effect. Onsite
mitigation shall be performed as follows:
4. The NCDWQ is not requiring mitigation for this project as proposed. However, the NCDOT proposes to
provide on -site stream restoration and buffer mitigation for future credit as follows:
Stream Restoration
Buffer Restoration
Total (feet)
Zone (ftz)
Zone 2 (ft2)
Total (ft2)
100
6,000
4,000
10,000
5. All on -site, mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee
simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. If site is
deemed successful, credits may be used to offset stream and buffer impacts in the same HUC, with NCDWR
and USACE approval.
The permittee shall monitor the buffer mitigation site for five (5) years. Monitoring shall consist of visual
review, photo evidence, and stem counts utilizing two (2) vegetation plots equaling 2,500 square feet each.
An annual report shall be submitted to NCDWR within sixty (60) days after completion of monitoring for a
period of five (5) years. The report will include monitoring results, survival rate/ success of tree and
vegetation establishment, and that diffuse flow through the riparian buffer has been maintained. The first
annual report shall be submitted within one year of final planting. Failure to achieve a buffer density of 320
trees per acre after five (5) years will require the annual report to provide appropriate remedial actions to be
implemented and a schedule for implementation. After successful approval of the final annual report (year
five) the NCDOT shall contact the NCDWR to schedule a site visit to "close out' the mitigation site.
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
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
NorthCarolina
Naturally

8. The streambank shall be visually monitored for stability. Additionally, one cross section will be established
within a riffle of stream restoration site, and will be monitored for five years. A surface water gage shall be
installed and maintained for a three year monitoring period or until two separate bank full events are recorded
across two different monitoring years. Results will be included in the annual monitoring report.
This approval will expire with the accompanying 404 permit.
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 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 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.
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
fled 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 letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact David Wainwright at (919)707 -8787 or David Wainwright @ncdenr.gov.
Sincerely,
1.
�homas A. Reeder, Directo
Division of Water Resources
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Jason Elliot, Natural Environment Section (electronic copy only)
Randy Griffin, Natural Environment Section (electronic copy only)
Garcy Ward, NCDWR Washington Regional Office (electronic copy only)
Ginny Baker, NCDWR, Central Office (electronic copy only)
File Copy

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STATE OF NORTH CAROLINA
2009 0 2_,(_ l V2_
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DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY
Mr. Tom Steffens Garcy Ward
U.S. Army Corps of Engineers N. C. Dept. of Env. And Natural Resources
Regulatory Field Office Division of Water Quality
2407 W. 5th St. 943 Washington Square Mall
Washington, NC 27889 Washington, NC 27889
3/13/14
Subject: Modification to existing Mitigation/Restoration plan to U -5018A
Dear Mr. Steffens, Mr. Ward
In reference to an on -site review on March 6, 2014, between NCDOT, USACE, and
DWR personnel revealed discrepancies between approved permit conditions (both NWP
27 and 401 certifications), the approved mitigation restoration plan, and as -built
conditions.
These discrepancies involve changes in stream credits, buffer credits, and monitoring
regimes. The discrepancies in available credit were a result of initial credits being based
on areas outside of NCDOT ROW. It was also recognized that buffer credits were not
calculated correctly in the original application.
The NWP 27 (SAW 2009 - 00960) states that the stream and buffer restoration will be
accomplished "in accordance with submitted restoration plan". NCDOT requests that the
following parts of the restoration plan be modified:
Section 1.0 - Stream credits of 160 LF referenced in the restoration plan should be
amended to l OOLF proposed credit.
Section 4.1 — Vegetative monitoring requirements should be amended to state vegetation
counts be reported for 3 years. If counts are successful and following an on -site review
with State and Federal Environmental Regulatory agencies, NCDOT may request
closeout.
Section 4.2 — Stream monitoring requirements should be amended to state that one cross -
section will be established within the stream restoration site. Results will be reported for
3 years.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NCDOT DIVISION OF HIGHWAYS FAx: [phone] PACTOLUS HIGHWAY (NC MGI -TWAY 33)
POST OFFICE BOX 1587 GREENVILLE, NORTH CAROLINA
GREENVILLE, NORTH CAROLINA 27835 -1587 WEBSITE: WWW.NCDOT GOV

Section 4.3 — A surface water gauge will be installed and maintained throughout the 3
year monitoring period in order to document bankfull events.
The proposed stream and buffer mitigation credits would be available to offset stream and
buffer impacts in the same HUC contingent on successful monitoring and agency
approval.
Along with the modification above, NCDOT requests the following modifications be
made to the 401 certification (NCDWQ Project No. 20090261 v. 1):
Conditions 4, 5, 7, and 8 should be amended to be consistent with the mitigation
restoration plan except for the amendments listed above.
Condition #4 -Stream restoration amended from 160LF to 100 LF total
-Zone 1 buffer credit amended from 4,764 FT2 to 6,000 FT2
-Zone 2 buffer credit amended from 3,235 FT2 to 4,000 FT2
-Total buffer credit amended from 7,999 FT2 total 10,000 FT2
Condition #5 -This condition should have an amendment stating "If site is successful,
site may be used to offset stream and buffer impacts in the same HUC conditional upon
agency approval"
Condition #7 - Buffer area will be monitored utilizing (2) 50' X 50' vegetation plots
-At the end of 3 years minimum success criteria is 320 trees /acre
-If successful NCDOT may request closeout
Condition #8 -1 Cross section will be set and monitoring results presented for 3 years
- Visually monitor streambanks and vegetative plantings for stability and
survial for 3 years
- A surface water gauge will be installed to report bankfull events for 3
years
-If site is successful after 3 years NCDOT may request closeout
Should you have any questions regarding this please contact me.
Sincererely,
Jay ohnson
Division 2 Environmental Officer
NC Department of Transportation