20050785 Ver 2_Approval Letter_20070124

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William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
14 Uj r Alan W. Klimek, P.E. Director
Division of Water Quality
O `C
January 24, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental 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.
DWQ Project No. 20050785 v. 2
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3527 issued to The North Carolina Department of
Transportation dated September 6, 2005. This modification is applicable only to the additional proposed activities.
All the authorized activities and conditions of certification 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dated September 6, 2005 and subsequent modifications still apply except where superceded by this certification.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.
Alan W. Klimek, P.E.
Director
Attachments
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordon, US Fish and Wildlife Service
Steve Sollod, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
File Copy
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
Tar-Pamlico Buffer Rules 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 2H .0500 and 15A NCAC .0259 for the Tar-Pamlico Basin. This certification authorizes the NCDOT to
impact 7.93 acres of jurisdictional wetlands, 2,368 linear feet of jurisdictional streams and 285,751 square feet of
protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification dated
received December 15, 2006. The authorized impacts are as described below:
Surface water and stream Imnaets in the Tar-Pamlico River Basin Approved with Original Certification
Section B, Site: Initial Permanent Fill
ac Initial Temporary
Fill ac Initial Permanent Stream
Impacts ft
1 0.011 122
2 0.003 73
3 0.759 0
4 0.00 826
5
6 0.069 0.033
7 0.128 1,118
8 0.074
9 0.051 279
10
11
INITIAL TOTAL: 1.095 0.033 2,417
Surface Water and Stream Impacts in the Tar-Pamlico Rive Basin Approved By This Certification
- Section B, Site: Modified Permanent
Fill ac Modified
Temporary Fill ac Modified Permanent Stream
Impacts ft
1 0.020 170
2 0 0
3 0.060 363
4 0.070 484
5
6 0.00 0.01
7 0.180 1,147
8 0
9 0.050 204
10
11
MODIFIED TOTAL: 0.38 0.010 2,368
Difference Between Initial and
Modified Totals: -0.715 -0.023 -49.3
Total Stream Impacts for Section B Approved by This Certification: 2,368 linear feet
Wutlanri Tmnartc in the Tar-Pamlien River Rasin Approved with Original Certification

Section B, Site: Initial Fill
(Permanent)
ac Initial Fill
(Temporary)
ac Initial
Excavation
ac Initial Mechanized
Clearing
(ac) Initial Hand
Clearing
ac Initial 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 3.03 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: 5.84 0.05 0.017 0.237 0 6.14
Wetland tmnaets in the Tar-Pamlico River Basin ADDroved By This Certification
Section B Modified Fill Modified Fill Modified
Modified Mechanized Modified Hand
Total Modified
,
Site' • (Permanent) (Temporary) Excavation Clearing (ac) Clearing Impacts (ac)
ac ac ac ac
1 0.11 0.02 0.13
2 0.0 0
3 1.00 0.45 1.45
4 2.04 0.14 2.18
5 0.15 0.02 0.18
6 0.24 0.05 1.83 33.11 2.12
7 1.56 1.56
8 0.0
9 0.10 0.06 0.16
10 0.13 0.02 0.15
11 0
MODIFIED 5.33 0.00 0.05 2.540 33.11 7.930
TOTAL:
Difference
Between
Initial and +0.5 +0.05 +0.033 +2.303 +33.11 +1.79
Modified
Totals:
Total Wetland Impacts for Section B Approved By This Certification; 7.93 acres.
Rinarian Rnffer Imnaeta in the Tar-Pamlico River Basin Annroved with Oriainal Certification

ection B, Site: --- ------- -

Zone 1
Impact

(sq ft) ----- ---- -----

minus
Wetlands
in Zone 1

(sq ft) -- ----
= Zone 1
Buffers
(not

wetlands)
s 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)
s ft
Zone 2 Buffer
Mitigation
Required*

(using 1.5:1
ratio
1 6,676.6 4,312.9 2,363.7 N/A 4,450.0 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 24,219.3
5
6A 9,424.7 35.5 9,389.2 28,167.6 6,215.2 3 6,212.3 18,636.9
613 10,188.4 7.5 10,180.9 30,542.7 6,628.1 3 6,625.1 19,873.3
6C 29,045.5 35.5 29,010.0 87,030.0 19,778.2 41.5 19,736.7 59,210.1
7 60,721.8 3,079.2 57,642.6 172,927.8 38,160.8 5,244.5 32,916.3 98,748.9
8
9 16,736.8 2,253.9 14,482.9 43,448.7 11,154.9 1,944.5 9,210.4 27,631.2
10
11
INITIAL
TOTAL: 185,371.3 59,202.9 102,571.9 366,426 116,290.7 31,623.2 69,936.5 248,319.7
Riparian Buffer Impact s in the Tar-Pamlico River Basin A roved B This Certification
= Zone 1 Zone 1 Buffer = Zone 2 Zone 2 Buffer
Zone 1 minus
Wetlands Buffers Mitigation Zone 2 minus
Wetlands Buffers Mitigation
*
Section B, Site: Impact in Zone 1 (not Required* Impact in Zone 2 (not Required
(sq ft)
(sq ft) wetlands) (using 3:1 (sq ft)
(sq ft) wetlands) (using 1.5:1
s ft ratio s ft ratio
1 11,774.8 5,380.8 6,394.0 19,182.0 7,951.6 0.0 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
7 73,267.8 2,311.1 70,956.7 212,870.1 48,125.5 4,926.6 43,198.9 64,798.3
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 5,719.5 N/A 3,965.9 0 3,965.9 N/A
MODIFIED 174,526.1 66,162.1 110,842.3 315,368.4 111,224.7 36,948.7 74,854.0 106,332.2
TOTAL:
Difference
Between Original -10,845.2 +6,959.2 +8,270.4 -51,057.6 -5,066.0 +5,325.5 +4,917.5 -141,987.5
and Modified
Totals:
* 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 Approved By This Certification: 285,750 square feet.
Total Buffer Mitigation Required for Project Approved By This Certification: 421,700 square feet
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 application dated
received December 15, 2006. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated September 6, 2005 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:
The only modifications to the design of the project authorized by this certification are those submitted in
your application received November 16, 2006. All authorized activities and conditions of certification
associated with the original Water Quality Certification dated September 6, 2005 and all other
corresponding modifications still apply except where superceded by this certification.
Compensatory mitigation for impacts to 110,842.3 square feet of protected riparian buffers in Zone 1 and
74,854.0 square feet of protected riparian buffer in Zone 2 shall be required as described below, and
replaces condition #10 in the 401 Water Quality Certification dated September 6, 2005:
Riparian Buffer Zone Area To Be Mitigated (sq.ft) Mitigation Ratio Area to Be Mitigated (sq. ft)
Zone 1 110,842.3 3:1 315,368.4
Zone 2 74,854.0 1.5:1 106,332.2
TOTAL: 421,700.6
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 2B .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.
2. Compensatory mitigation for impacts to 7.93 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:
u
Wetland Type Area ac Mitigation Ratio Acres To Be Mitigated ac
Riparian 6.04 2:1 12.08
Non-Riparian 1.88 2:1 3.76
TOTAL: 15.84
Riparian Wetlands Mitigated Onsite: 0.70
AREA TO BE MITIGATED OFFSITE: 15.14
Offsite Compensatory Mitigation
Compensatory mitigation for 11.38 acres of riparian and 3.76 acres non-riparian
wetlands not mitigated onsite shall be mitigated in 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 North
Carolina and the US Army Corps of Engineers signed on July 22, 2003.
3. 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 North Carolina and the US Army Corps of Engineers signed on
July 22, 2003.
3. 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 re-vegetated with appropriate native
species.
4. 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.
5. 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.
6. 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.

7. Bridge deck drains should not discharge directly into the stream. Stormwater should 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.
8. Two copies of the final construction drawings shall be furnished to NCDWQ Central Office prior to the
pre-construction meeting. The permittee shall provide written verification that the final construction
drawings comply with the permit drawings contained in the application dated November 13, 2006. Any
deviations from the approved drawings are not authorized unless approved by the NC Division of Water
Quality.
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.
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 24th day of January 2007
OF WATER QUALITY
Alan W. Klimek, P.E.
Director
Modification to. WQC No. 3527