20050785 Ver 14_Approval Letter_20100805

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 5, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and Tar-Pamlico Buffer Authorization, with ADDITIONAL CONDITIONS for Proposed
improvements to US 17 (Washington By-pass) from North of SR 1509 (Springs Rd) to North of SR 1418
(Roberson Rd) in Beaufort County, Federal Aid Project No. MAF-75-3(26), TIP No. R-2510 C.
NCDWQ Project No. 20050785 v. 14
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3527 issued to The North Carolina Department of
Transportation (NCDOT) dated September 6, 2005. This modification is applicable only to the additional activities
in R-2510 section C. 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Certification dated September 6, 2005 and subsequent modifications still apply except where superceded by this
certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments
Sincerely,
e een . Sullins
Director
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Neil Lassiter, PE, Division 2 Engineer
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, Division of Coastal Management, Raleigh
Stephen Lane, Division of Coastal Management, Morehead City
Garcy Ward, NCDWQ, Washington Regional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd„ Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpalh2o.encstate.nc.uslncwetlandsr
NoarthCarolina
Naturally
An Equal Opportunity I Affirmative Action Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Tar-Pamlico 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 (NCDWQ) Regulations in
15 NCAC 2H .0500 and 15A NCAC 213 .0259. This certification authorizes the NCDOT to impact 1.84 acres of
jurisdictional wetlands, 0.47acres of surface waters, 2,088 linear feet of jurisdictional streams and 155,924 square
feet of protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification
request dated received April 16, 2010 and additional information dated received July 13, 2010 and July 26, 2010.
The authorized impacts are as described below:
Wetland Imoacts in the Tar-Pamlico River Basin Approved in Original Certification

Section C, Site: Fill

(Permanent)
(ac) Fill
(Temporary)

(ac)
Excavation
(ac) Mechanized

Clearing
ac) Hand

Clearing
ac)
Total Wetland
Impact (ac)
lA 0.022 0.027 0.049
1B 0.074 0.021 0.095
1C 0.056 0.019 0.075
2
3 0.093 0.031 0.124
4 1.035 0.108 1.143
5A
5B
5C
INITIAL TOTAL: 1.15 0.13 0.206 1.486
Wetland Impacts in the Tar-Pamlico River Basin Aonroved By This Certification

Section C, Site: Fill
(Permanent)
ac Fill (Temporary)

(ac) Excavation
(ac) Mechanized
Clearing
ac Hand
Clearing
ac Total Wetland
Impact (ac)
lA 0.01 0.04 0.07 0.05
113 0.03 0.03 0.01 0.07
_
1C 0.02 0.02 0.04
2
3 0.06 0.18 0.05 0.29
_
4A 0.01
_
413 0.01 0.06 0.01
_
4C
4D 1.10 0.04 1.14
5A
5B <0.01 0.07 0.03 0.10
5C
Modified TOTAL: 1.2 0.30 0.20 0.14 1.70*
Difference
L +0.05 +0.17 -0.006 +0.14 +0.21
Total Wetland Impact for project: 1.7 acres
* Total includes 0.56 acres of riparian wetlands and 1.14 acres of non-riparian wetlands. Excludes impacts from
Hand Clearing.

Stream Impacts in the Tar-Pamlico River Basin aonroved in Orieinal Certification

Section C, Site: Fill
Perennial
Stream
linear ft Temporary Fill
Perennial
Stream
linear ft Permanent
Surface Water
Impacts
ac Temporary
Surface Water
Impacts
ac Total
Stream
Impact
linear ft Stream Impacts
Requiring
Mitigation
linear ft
lA - - - -
IB - - - -
1C - - - -
2 113.8 - 0.003 - 113.8
3 159.3 - 0.018 - .159.3 159.3
4 841.6 - 0.287 - 841.6 841.6
5A 107.5 - 0.007 - 107.5
513 72.5 - 0.008 - 72.5
5C 54.4 - 0.006 - 54.4
INITIAL TOTAL: 1,349.1 0.329 193491 1,001
Stream Impacts in the Tar-Pamlico River Basin approved with this Modification

Section C, Site: Permanent Fill
Perennial
Stream
linear ft Temporary Fill
Perennial
Stream
linear ft Permanent
Surface Water
Impacts
ac Temporary
Surface Water
Impacts
ac Total
Stream
Impact
linear ft Stream Impacts
Requiring
Mitigation
linear ft
1A 34 262 <0.01 0.17 296 -
1B - - - -
1C - - - -
2* n/a n/a n/a n/a
_
3 122 116 0.01 0.01 238 -
4A 779 27 0.07 0.01 806 779
4B 0 270 0 0.12 270 -
4C 0 116 0 <0.01 116 -
5A 120 20 0.01 0 140 -
513 154 20 0.02 <0.01 174 154
5C 21 27 <0.01 <0.01 48 21
MODIFIED TOTAL: 19230 858 0.13 0.34 2,088 954
Difference -119 +85$ -0.199 +0.34 +739 - 47
Total Stream Impact for Project: 2,088 linear feet
2* subsequent site visits by DWQ and Corps of Engineers personnel found no stream feature present
Tar-Pamlico Riparian Buffer Impacts Approved with the Original Certification

Section
C

Site: Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(sq ft) = Zone 1
Buffers
(not wetlands)
(sq ft) Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio) Zone 2
Impact
(sq ft) minus
Wetlands
in Zone 2
(sq ft) = Zone 2
Buffers
(not wetlands)
(sq ft) Zone 2 Buffer
Mitigation
Required
(using 1.5:1
ratio)
IA 14,759.6 1,477.4 13,282.2 39,846.6 12,196 453.3 11,742.7 17,614.1
3 10,208.7 521.8 9,686.9 29,060.7 6,621.8 934.7 5,687.1 8,530.7
4 55,506.1 434.6 55,071.5 165,214.5 33,873.3 2.4 33,870.9 50,806.4.
5A 8,114.1 0 8,114.1 *n/a 5,294.4 0 5,294.4 *n/a
5B 6,986.8 0 6,986.8 *n/a 4,080.4 0 4,080.4 *n/a
5C 3,976.1 0 3,976.1 *n/a 2,628.6 0 2,628.6 *n/a
Totals 99,551.4 2,433.8 97,117.6 234,121.8 64,694.5 1,390.4 63,304.1 76,951.2
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 164,245.9 square feet.
Tar-Pamlico Riparian Buffer Impacts Approved with this Modification

Section
C

Site: Zone 1
Impact
(sq ft) minus
Wetlands
in Zone 1
(sq ft) = Zone 1
Buffers
(not wetlands)
(sq ft) Zone 1 Buffer
Mitigation
Required
(using 3:1 ratio) Zone 2
Impact
(sq ft) minus
Wetlands
in Zone 2
(sq ft) = Zone 2
Buffers
(not wetlands)
(sq ft) Zone 2 Buffer
Mitigation
Required
(using 1.5:1
ratio)
IA 3,913 20 3,893 11,679 4,506. 151 4,355 6,533
1A Bridge 12,918 3,018 9,900 **n/a 3,553 799 2,754 **n/a
3 13,360 469 12,891 38,673 8,411 2,028 6,383 9,575
4 40,228 60 40,168 120,504 23,055 510 22,545 33,818
4 Bride 12,312 2,280 10,032 **n/a 2,298 493 1,805 **n/a
5A 7,518 0 7,518 *n/a 4,528 0 4,528 *n/a
5B 9,730 1,118 8,612 25,836 6,095 1,214 4,881 7,322
5C 2,588 0 2,588 7,764 911 0 911 1,367
Totals 102,567 6,965 95,602 204,456 53,357 5,195 48,162 58,615
Difference +3,016 +4,531 -1,516 -29,666 -11,338 +3,805 -15,142 - 18,336 .
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigatioh required
**n/a =Impact due to bridge structure, no mitigation required
Total Buffer Impact for Project: 155,924 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico
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 herein after set forth.
This approval is only valid for the purpose and design that you submitted in your modification request dated
received April 16, 2010 and additional information dated received July 13, 2010 and July 26, 2010. 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 NCDWQ 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). Additional buffer impacts may require compensatory mitigation as described in 15A
NCAC 2B.0260. 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. This modification is applicable only to the additional proposed activities in R-2510 Section C. All of the
authorized activities and conditions associated with the original Water Quality Certification dated
September 5, 2005 and subsequent modifications still apply except where superceded by this certification.
2. Compensatory mitigation for impacts to 1.7 acres of wetlands in R-2510 Section C shall be provided as
described below:
Off-Site Wetland Mitigation
Compensatory mitigation for impacts to 0.56 acres of riparian and 1.14 acres of non-riparian wetlands in
the Hydrologic Cataloging Unit 0302103 is required at a ratio of 2:1. 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 July 8, 2010 that they will assume responsibility for satisfying the
federal Clean Water Act 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 954 linear feet of stream in R-2510 Section C shall be provided as
described below:
Off-Site Stream Mitigation
Compensatory mitigation for 954 linear feet of impact to streams in Hydrologic Cataloging Unit 0302103 is
required at a replacement ratio of 1:1. We understand that you have chosen to perform 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 project. EEP has indicated in a letter dated July
8, 2010 that they will assume responsibility for satisfying the federal Clean Water Act 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.
4. Compensatory mitigation for impacts to 107,227 square feet of Tar-Pamlico riparian buffer in R-2510
Section C shall be provided as described below:
Off -Site Buffer Mitigation
Compensatory mitigation for impacts to 68,152square feet of protected riparian buffers in Zone I and
39,075square feet of protected riparian buffers in Zone 2 shall be required. 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-PamlicoRiver Basin and done in accordance with 15A NCAC
2B .0259. EEP has indicated in a letter dated July 8, 2010 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 MCA signed on April 12, 2004.
Riparian
Buffer Zone Area To Be
Mitigated (s q. ft Mitigation
Ratio Area to Be Mitigated
(s q. ft
Zone 1 68,152 3:1 204,456
Zone 2 39,075 1.5:1 58,615
TOTAL: 263,071
5. No in-water work moratorium is in effect for activities in R-25 10C as recommended by the NC Wildlife
Resources Commission. This replaces condition 8 in the original Water Quality Certification issued on
September 6, 2005.
6. 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.
7. 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 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 being violated, or that further conditions are necessary to assure compliance, NCDWQ
may reevaluate and modify this certification.
8. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
9. 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.
10. 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.
11. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams,
and wetlands 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 NCDWQ. If this condition is unable to be met due 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 permit modification will be required.
12. 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.
13. 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.
14. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between caring 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
21. Native riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
22. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
23. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
24. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-
woody species by the end of the growing season following completion of construction. For the purpose of
this condition, maintained buffer areas are defined as areas within the transportation corridor that will be
subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers
shall be permanently revegetated with native woody species before the next growing season following
completion of construction.
25. Pursuant to NCAC 15A 2B .0259(6), sediment and erosion control devices shall not be placed in Zone t of
any Tar-PamlicoBuffer without prior approval by NCDWQ. At this time, NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
26. 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.
27. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
28. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best
Management Practices.
29. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first.
30. No drill slurry or water 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.
31. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
33. 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
NCDWQ when all work included in the 401 Certification has been completed.
34. 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.
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, 6714
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 5th day of August, 2010
DIVISION OF WATER QUALITY
A?a
j; oleen H. Sullins
Director
WQC No. 3527