20050785 Ver 6 and 7_Approval Letter_20100802

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
August 2, 2007
W A TfiqQG
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Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act Tar-Pamlico Buffer Rules with ADDITIONAL CONDITIONS for Proposed improvements to US 17
from south of SRI 149 (Price Rd.) to north of SR 1509 (Springs Rd.) in Beaufort County, Federal Aid
Project No.MAF-75-3 (26), TIP R-2510B.
DW? Project No. 20050785 v.6, v.7
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3527 issued to The North Carolina Department of
Transportation dated September 6, 2005, and modified January 24, 2007, February 13, 2007, and July 9, 2007.
This modification is applicable only to the additional activities in R-2510 section B. All the authorized activities
and conditions associated with the original Water Quality Certification dated September 6, 2005 and subsequent
modifications still apply except where superceded by this' certificatiori:
If we can be of further assistance, do not hesitate to contact us.
Lirector
Attachments
cc: Mr. William Wescott, Corps of Engineers, Washington Field Office
Kathy Matthews, US EPA, Region IV
Mr. Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. Garcy Ward, NC DWQ, Washington Regional Office
Central Files
File Copy
N. C. Division of Water Quality 943 Washington Square Mall
FAX [phone]
Washington, N.C. 27889
Telephone [phone]
Internet: www.ncwaterquality.org
Nose Carolina
?ura!!y
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Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and Tar-Pamlico River Buffer Authorization 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 Quality (DWQ) Regulations in
15 NCAC 211.0500 and 15A NCAC .0259 for the Tar-Pamlico Basin. This certification authorizes the NCDOT to
impact 7.92 acres of jurisdictional wetlands, 2,368 linear feet of jurisdictional streams and 372,740 square feet of
protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification
requests dated June 4, 2007 and July 2, 2007. The authorized impacts are as described below:
Wetland Impacts in the Tar-Pamlico River Basin Approved with Original Certification

Section B Site: Fill
(Permanent)
(ac) Fill
.(Temporary)
ac
Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac
Total Wetland
Impact (ac)
1 0.09 0.007 0.10
2 0.017 0.013 0.03
-3 . 0.43 0.040 0.47
4 3.06 0.149 3.18
5 0.12 0.011 0.13
6 0.22 0.05 0.0 0.27
7 1.55 1.55
8 0.04 0.04
9 0.13 0.017 0.15
10 0.22 0 0:22
11 0
Initial Total: 5.86 0.05 0.017 0.237 0 6.14
Wetland Impacts in the Tar-Pamlico River Basin Approved with February 13, 2007 Modification

Section B Site: Fill
(Permanent)
(ac) Fill
(Temporary)
ac
Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac
Total Wetland
Impact (ac)
1 0.11 0.02 0.13
2
3 1.00 0.45 1.45
4 2.04 0.14 2.18
5 0.15 0.02 0.17
6 0.24 0.05 1.83 33.11 2.12
7 1.56 1.56
8
9 0.10 0.06 0.16
10 0.13 0.02 0.15
11
Total impacts with
Feb. 13, 2007
modification
5.33
0.00
0.05
2.54
33.11
7.92
Difference between
Initial and Feb. 13,
2007 modification
-0.53
-0.05
+0.033
+2.303
+33.11
+1.78
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Wetland Impacts in the Tar-Pamlico River Basin Approved By This Certification

Section B Site: Fill
(Permanent)
(ac) Fill
(Temporary)
ac Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Total Wetland
Impact (ac)
1 0.11 0.02 0.13
2
3 1.00 0.45 1.45
4 2.04 0.03 0.16 2.23
5 0.15 0.02 0.17
6 0.24 0.05 1.83 33.51 2.12
7 1.56 1.56
8
9 0.10 0.01 0.11
10 0.13 0.02 0.15
11
Modified Total 5.33 0.08 2.51 33.51 7.92*
Difference between
Feb. 13, 2007
modification and this
certification
0
+0.03
-0.03
+0.4
0
* Total Wetland Impact excludes temporary impacts from hand clearing
Ri arian Buffer Im acts in the Tar-Pamlico River Basin A roved with Ori inal Certification
= Zone 1 zone 1 = Zone 2 Zone 2 Buffer

Section
Zone 1 minus

Wetlands
Buffers Buffer
i
Mitigation
<.. Zone 2 minus

Wetlands
Buffers
Mitigation
B, Site: Impact
(sq ft) in Zone 1 not
wetlands) Required* Impact
(sgFt) in Zone 2 (not wetlands) (using 1.5:1
(sq ft) (sq ft) (using 3:1 (sq ft) (sq ft) ratio)
ratio
1 6,676.6 4,312.9 2,363.7 N/A 4,450.0 0 4,450.0 N/A
2 2,842.1 1,179.5 1,662.6 N/A 1,992.6 98.8 1,893.8 N/A
3
4 49,735.4 48,299.0 1,436.4 4,309.2 32,361 24,287.9 8,073.1 12,109.7
5
6A 9,424.7 35.5 9,389.2 N/A 6,215.2 3 65212.3 N/A
613 10,118.4 7.5 10,110.9 N/A 6,628.1 3 6,625.1 N/A
6C 29,045.5 35.5 29,010.0 N/A 19,778.2 41.5 19,736.7 N/A
7 60,721.8 3,079.2 57,642.6 172,927.8 38,160.8 5,244.5 32,916.3 49,374.5
8
9 165736.8 2,253.9 14,482.9 435448.7 11,154.9 1,944.5 9,210.4 135815.6
10
11
Initial 185,301.3 59,203 126,098.3 220,685.7 120,740.8 31,623.2 89,117.7 75,299.8
Total:
1
Riparian Buffer Impacts in the Tar-Pamlico River Basin Approved by the Feb. 13, 2007 Modification
= Zone 1 Zone 1 Buffer minus = Zone 2 Zone 2 Buffer
Zone 1 minus
Wetlands in Buffers Mitigation Zone 2 Wetland Buffers Mitigation
Section B, Site: Impact (sq
Zone 1 (not Required* Impact sin (not; Required*
ft) (sq ft) Wetlands) (using 3:1 (sq ft) Zone 2 wetlands) (using 1.5:1
s ft ratio s ft s ft) ratio
1 11,774.5 5,350.8 6,423.7 19,271.1 7,951.6 0 7,951.6 11,927.4
2 ,r
3 27,846.2 24,339.3 3,506.9 10,520.7 16,695.9 14,777.6 1,918.3 23877.5
4 30,705.3 30,244.9 460.4 1,381.2 18,371.3 13,698.0 4,673.3 7,010.0
5 '
6 55,841.7 2,488.0 53,353.7 N/A* 31,147.1 578.0 30,569.1 N/A*
7 73,267.8 2,331.1 70,936.7 212,810.1 48,125.5 4,926.6 43,198.9 64,798.4
8
9 25,212.8 1,408.0 23,804.8 71,414.4 16,114.5 2,968.5 13,146.0 19,719.0
10
11 5,719.5 0 5,719.5 N/A* y 3,965.9 0 3,965.9 N/A*
Feb. 13, 2007 230,367.8 66,162.1 164,205.7 315,397.5 142,371.8 36,948.7 105,423.1 106,332.3
Total: ?
Difference
Between Initial
and Feb. 13
,
+ 45,066.5
+6,959.1
+38,107.4
+94,711.8
+21,631
+5,325.5
+16,305.4
+31,032.5
2007 Totals:
* Site 6 = No mitigation required for the bridge structure per 15A NCAC 213 .0259 (6).
* Site 11 = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required.
Riparian Buffer Impacts in the Tar-Pamlico River Basin Approve d b this Certification
= Zone I Zone 1 Buffer 4 _? minus = Zone 2 Zone 2 Buffer

Zone i minus

Wetlands in
Buffers
Mitigation
Zone 2
Wetland
Buffers
Mitigation
Section B, Site: Impact (sq Zone 1 (not Required* Impact s in (not Required*
ft) (sq ft) wetlands) (using 3:1 (sq ft) Zone 2 wetlands) (using 1.5:1
s ft ratio s ft s ft ratio
1 11,774.5 5,350.8 6,423.7 19,271.1 7,951.6 0 7,951.6 11,927.4
2
3 27,846.2 24,339.3 3,506.9 10,520.7 16,695.9 14,777.6 1,918.3 2,877.5
4 30,705.3 30,244.9 460.4 1,381.2 18,371.3 13,698.0 4,673.3 7,010.0
5
6 55,841.7 2,488.0 53,353.7 N/A* 31,147.1 578.0 30,569.1 N/A*
7 73,267.8 2,331.1 70,936.7 212,810.1 48,125.5 4,926.6 43,198.9 64,798.4
8
9 25,212.8 1053.0 24,159.8 72,479.4 16,114.5 1,801.5 14,313 21,469.5
10
11 5,719.5 0 5,719.5 N/A* 3,965.9 0 3,965.9 N/A*
MODIFIED
TOTAL:
230,367.8
65,807.1
164,560.7
316,462.5
142,371.8
35,781.7
106,590.1
108,082.8
Difference
Between Feb. 13,
2007 0 -355 +355 +1,065 0 -1,167.0 +1,167.0 +1,750.5
modification and
this certification:
* Site 6 = No mitigation required for the bridge structure per 15A NCAC 213 .0259 (6).
* Site 11 = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required.
Total Buffer Impact for Section B Approved By This Certification: 372,740 square feet.
Total Buffer Mitigation Required for Section B Approved By This Certification: 424,545 square feet
Y'
The application provides adequate assurance that the discharge of fill material into the waters of the Tar 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 modified applications dated
received June 11, 2007 and received July 9, 2007. All the authorized activities and conditions associated with the
original Water Quality Certification dated September 6, 2005, and all subsequent modifications still apply except
where superceded by this certification. Should your project change, you are required to 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 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.
Condition(s) of Certification:
1. The only modifications to the design of the project authorized by this certification are those submitted in your
applications received June 4, 2007 and July 2, 2007. All authorized activities and conditions associated with
the original Water Quality Certification dated September 6, 2005 and all other corresponding modifications
still apply except where superceded by this certification.
2. Compensatory mitigation for impacts to 105,487.5 square feet of protected riparian buffers in Zone 1 and
72,055.1 square feet of protected riparian buffer in Zone 2 shall be required as described below, and replaces
condition #2 in the 401 Water Quality Certification dated February 13, 2007:
Riparian Buffer
Zone Area To Be Mitigated
s .ft Mitigation Ratio Area to Be Mitigated (sq.
ft
Zone 1 105,487.5 3:1 316,462.5
Zone 2 72,055.1 1.5:1 108,082.7
TOTAL: 424,545.2
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through use of the North Carolina Ecosystem Enhancement Program (EEP). Mitigation for unavoidable
impacts to Tar-Pamlico Riparian Buffers shall be provided in the Tar-Pamlico River Basin (HUC 03020104)
and done in accordance with 15A NCAC 213 .0259. EEP has indicated in a letter dated October 27, 2006 that
they will assume responsibility for satisfying the compensatory mitigation requirements for the above-
referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA
signed on April 12, 2004.
3. Compensatory mitigation for impacts to 7.92 acres of jurisdictional wetlands shall be done. Total mitigation
shall be provided as described below, and replaces condition #11 in the 401 Water Quality Certification dated
September 6, 2005:
i
Wetland Area Riparian Area To Be Mitigation Acres To Be
Type (ac) Wetlands Mitigated Ratio Mitigated (ac)
Mitigated Onsite Offsite
Riparian 6.04 0.70 5.34 2:1 10.68
Non-Riparian 1.88 0 1.88 2:1 3.76
TOTAL: 14.44
Offsite Compensatory Mitigation
Compensatory mitigation for impacts to 10.68 acres of riparian wetlands and 3.76 acres of non-
riparian wetlands not mitigated onsite shall be mitigated in Hydrologic Cataloging Unit
03020104. These impacts associated with the proposed project shall be provided by the
Ecosystem Enhancement Program (EEP), as outlined in the letter dated August 4, 2005, and in
accordance with the Memorandum of Agreement (MOA) between the State of North Carolina
and the US Army Corps of Engineers signed on July 22, 2003.
4. Compensatory mitigation for impacts to 2,368 linear feet of streams shall be done at a replacement ratio of
1:1. Applying a replacement ratio of 1:1, total mitigation for 2,368 linear feet of streams shall be provided as
described below, and replaces condition #12 in the 401 Water Quality Certification dated September 6, 2005:
Offsite Compensatory Mitigation
Compensatory mitigation for the unavoidable impacts to 2,368 linear feet of streams in the Hydrologic
Cataloging Unit 03020104 associated with the proposed project shall be provided by the Ecosystem
Enhancement Program (EEP), as outlined in the letter dated August 4, 2005, and in accordance with the
Memorandum of Agreement (MOA) between the State of Noah Carolina and the US Army Corps of
Engineers signed on July 22, 2003.
5. Prior to planting any of the vegetation for the wetland restoration sites located at the Osprey Seafood
mitigation site and the Packing House Road mitigation site, a planting plan shall be submitted to, and
approved by, the NC Division of Water Quality.
6. During construction of the Osprey Seafood and Packing House Road mitigation sites, the areas to be restored
shall be graded to an elevation that approximates adjacent wetlands, and then ripped to promote vegetation re-
establishment.
7. For the aforementioned wetland mitigation sites (the Osprey Seafood and Packing House Road mitigation
sites), success shall be tracked over a 3-year period. The NCDOT shall submit an annual summary report
(including pictures of the sites) at the end of each of the first two years after the completion of the project.
The report shall discuss the site's vegetative and hydrologic changes. This report can be qualitative in nature
and is in lieu of the usual quantitative hydrology and vegetative success criteria. At the end of the third year
after project completion, the NCDOT will coordinate a field visit to the sites, at which time the DWQ will
determine the success of the mitigation, and the sites may be declared successful with written approval from
the NC Division of Water Quality. If, at the end of the 3-year monitoring period, the NC Division of Water
Quality feels that the success cannot be determined or has not been achieved, then the NCDOT shall
coordinate field visits on an annual basis until the NCDWQ is satisfied that the sites are successful.
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.
9. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been
completed.
10. A copy of this Water Quality Certification shall be posted 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.
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 this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within
sixty (60) days following receipt of this Certification. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative
Hearings, 67114 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final
and binding.
This the 2nd day of August, 2007
DIVISION OF WATER QUALITY
Sw.7
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Coleen H. Sullins,
Director
Modification to WQC No. 3527
O?O? vv H r??QG
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DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
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
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:
Engineer's Certification
Partial Final
Date:
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 materials.
Signature
Date
Registration No
None Carolina
Transportation Permitting Unit ?llCll?
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 en r. state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality