20130649 Ver 2_Approval Letter_20140516

Pat McCrory
Governor
A WYWJ
'"4ioA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
John E. Skvarla, III
Secretary
May 16, 2014
Beaufort County
DWR Project No. 20130649 v.2
TIP K-3800
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
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
Dear Mr, Hancock:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing a
new rest area along US 17 near Chocowinity in Beaufort County:
Buffer Impacts in the Tar-Pamlico Basin
Total buffer impacts: 22,226 sq ft. All buffer impacts are on the same stream. Impacts > 113 ac = mitigation required.
*The additional buffer impacts authorized with this modification are located at buffer Site 4
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699-1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affunative Action Employer
Phone: [phone] FAX; 919-733-1290
Internet: MLA ncwater.o�r
Zone 1
minus
= Zone I
Zone 1 Buffer
Zone 2
minus
Zone 2
Zone 2 Buffer
Site:
Impact
Wetlands
Buffers
Mitigation
impact
Wetlands
Buffers
Mitigation
(sq fit)
in Zone I
(not wetlands)
Required
(sq ft)
in Zone 2
(not wetlands)
Required
(sq ft)
(sq ft)
(using 3:1 ratio)
(sq ft)
(sq III)
(using 1.5:1
ratio)
1
5304
0
5304
15,912
3462
0
3462
5,193
2
6717
0
6717
20,151
4304
0
4304
6,456
3
0
0
0
0
961
0
961
1,442
4*
914
0
914
2,742
564
0
564
846
Totals
12,935
0
1 12,935
1 38,805
9,291
1 0
9,291
1 13,937
Total buffer impacts: 22,226 sq ft. All buffer impacts are on the same stream. Impacts > 113 ac = mitigation required.
*The additional buffer impacts authorized with this modification are located at buffer Site 4
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699-1650
Location: 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affunative Action Employer
Phone: [phone] FAX; 919-733-1290
Internet: MLA ncwater.o�r

Page 2 of 4
Stream Impacts in the Tar - Pamlico Basin
Site:
Stream
Permanent
linear ft
Stream
Temporary
linear ft
Permanent Surface
Water Impacts
ac
Temporary Surface
Water Impacts
ac
Total Stream
Impact
linear ft
Stream Impacts
Requiring
iti ation linear ft
1
128
30
<0.01
<0.01
158
128
2
141
30
<0.0I
<0.01
171
141
3 *
27
20
<0.0I
<0.01
47
27
TOTAL:
296
80
<0.01
<0.01
376
296
Total Stream Impact: 376 linear feet
*The additional stream impacts authorized with this modification are located at stream Site 3
This approval is only valid for the purpose and design that you submitted in your modified application dated received March 13, 2014
and revised application dated received May 8, 20I4. All the authorized activities and conditions associated with the original Water
Quality Certification dated August 9, 2013 still apply except where superseded by this certification.. After reviewing your application,
we have decided that these impacts are covered by General Water Quality Certification Number 3891. This certification corresponds
to the Nationwide Permit 23 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.
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 DWR 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). Additionally, impacts to riparian buffers may require
mitigation as described in 15A NCAC 213 .0259 (10). For this approval to remain valid, you must adhere to the conditions listed in the
attached certification.
Project Specific Conditions
L This modification authorizes an additional 27 linear feet of stream impact. This brings the total stream impact for the project
to 296 linear feet. The on -site stream mitigation proposal included in your original application constitutes Enhancement
Level II. Therefore, compensatory mitigation for impacts to 296 linear feet of stream is required at a replacement ratio of
1:1.5 or as directed by the U.S. Army Corps of Engineers per 15A NCAC 2H .0506(h)(1). The onsite stream mitigation shall
be constructed in accordance with the design submitted in your June 19, 2013 application. 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. Please be reminded that as- builts for the completed streams shall be
submitted to the North Carolina Division of Water Resources 401 Wetlands Unit with the as- builts for the rest of the project.
If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the 296 linear
feet of impacts. To receive mitigation credit, a 50 -foot wide native wooded buffer shall be planted on both sides of the
stream unless otherwise authorized by this Certification.
2. This modification authorizes an additional 914 square feet of buffer impact in Zone 1 and an additional 564 square feet of
buffer impacts in Zone 2. This brings the total impacts to protected riparian buffer to 12,935 square feet in Zone 1 and 9,291
square feet in Zone 2. Therefore, compensatory mitigation for impacts to 12,935 square feet of protected riparian buffers in
Zone 1 and 9,291 square feet of protected riparian buffers in Zone 2 shall be required. The on -site buffer mitigation shall be
constructed in accordance with the design submitted in your June 19, 2013 application. 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.
3. The permittee shall monitor the stream and buffer mitigation site. Monitoring shall consist of visual review and viable stem
counts. An annual report shall be submitted to NCDWR for a period of 5 years showing monitoring results including; bank
stability, 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 5 years will require the annual report to provide appropriate remedial actions to be implemented and a
schedule for implementation. Approval of the final annual report, and a formal "close out" of the mitigation site by NCDWR
is required.

Page 3 of 4
General Conditions
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated
with the original Water Quality Certification dated August 9, 2.013 and subsequent modifications still apply except where
superseded by this certification.
2. 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.
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
Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at [phone].
Sincerely,y,
for TKoirias A. Reeder
Attachments (General Certification and Certificate of Completion form)
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, NC DOT, Division 2
Garcy Ward, NC DWR, WaRO
File Copy