20060310 Ver 1_Approval Letter_20060331

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March 31, 2006
Pitt County
DWQ Project No. 20060310
SR 1708 (Fire Tower Road)
TII' Project No. U-3613B
APPROVAL of 401 Water Quality Certification and Neuse Buffer Authorization with Additional
Conditions
Subject: 401 Water Quality Certification for the Proposed Widening of SR 1708 (Fire Tower Road)
from NC 11/903 (Memorial Drive) to SR 1709 (Corey Road) in Pitt County, Federal Project
No. MASTP-1708(1), State Project No. 8.2220901, TIP Project No. U-3613B.
Dr. Gregory J. Thorpe, PhD., Manager -
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the attached conditions and those listed below, to place
permanent fill material, culverts, and piping in 2771inear feet of streams with 1471inear feet of temporary
impact (4241inear feet total) for the purpose of widening SR 1708 in Pitt County. The stream impacts are
approved as presented in the tables below.
Stream Im acts in the Neuse River Basin
Site Stream Type Stream Impact Type Impacts
Name Classification/ (Linear Feet)
Index No.
1 UT to Fork Perennial Class C;Sw;NSW/ Permanent
1 196
Swam 27-97-4
-Tem ora 77
3 UT to Fork Perennial Class C;Sw;NSW/ Permanent 81
Swam 27-97-4
Tem or 70
Total 424
Total Stream Impacts for Project: 4241inear feet
N~o°e~Carolina
Transportation Permitting Unit ~t!lCQ~~I,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper

Dr. Thorpe
March 31, 2006
Buffer Impacts in the Nence river Racin
Site Zone 1 minus =Zone 1 Zone 1 Buffer ~; Zone 2 _ _ minus =Zone 2 Zone 2 Buffer
Impact 'Wetlands Buffers (not Mitigation ~_; Impact Wetlands Buffers (not Mitigation
(sq ft) in Zone 1 wetlands) Required (using `'_~ (sq ft) in Zone 2 wetlands) Required (using
(s ft) (s ft) 3:1 ratio) ~= (s ft) (s ft) 1.5:1 ratio)
1 15,908 0 15,908 47,724 ;~ 5,386 0 5,386 8,079
2 8,134 0 8,134 24,402 6,911 0 6,911 10,367
3 10,527 0 10,527 31,581 ~: 5,419 0 5,419 8,129
Total 34,569 0 34,569 103,707 ~ 17,716 0 17,716 26,575
i otai ~surrer impacts for rroject: 52,Ztf5 square feet
The project shall be constructed in accordance with your application dated February 23, 2006 (received
February 24, 2006). After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3404 and 3366. These certifications correspond to
Nationwide Permit 14 and 33 issued by the Corps of Engineers. 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, unless otherwise specified in the Water Quality
Certification.
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 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 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 1501inear 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 below and in the attached certification.
Compensatory mitigation for 1961inear feet of impact to streams and for impacts to 34,569
square feet of protected riparian buffers in Zone 1 and 17,716 square feet of protected riparian
buffers in Zone 2 is required. We understand that you have chosen to perform compensatory
mitigation for impacts to streams and protected buffers through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the
project. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the
Neuse River Basin and done in accordance with 15A NCAt~ 2B .0233. EEP has indicated in a
letter dated November 7, 2005 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements and the 15A NCAC 2B .0233 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. The dimension, pattern and profile of the stream above and below the crossings should not be
modified. Disturbed floodplains and streams should be restored to natural geomorphic
conditions.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive
velocities, unless otherwise approved by this certification.

Dr. Thorpe
March 31, 2006
4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be
restored to the pre-construction contours and re-vegetated. Maintained buffers shall be
permanently re-vegetated 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 re-
vegetated, with native woody species before the next growing season following completion of
construction.
Pursuant to NCACISA 2B .0233(6), sediment and erosion control devices shall not be placed in
Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the 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.
6. 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.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practical. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade~estored upon completion of the project.
8. If the Permittee proposes the use of rip-rap for stream stability, the amount of rip-rap used 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.
9. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
10. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.

Dr. Thorpe
March 31, 2006
11. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities.
12. 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.
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
14. 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 be
located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
15. 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 down stream
of the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
16. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
17. Heavy equipment shall be operated from the banks rather'than in the stream channel in order to
minimize sedimentation and reduce introduction of other pollutants into the stream.
18. All temporary fills in wetlands and surface waters shall be removed upon completion of the
project. In addition, the post-construction removal of any temporary bridge structures or fill will
need to return the project site to its pre-construction contours and elevations. The re-vegetation
of the impacted areas with appropriate native species will be required.
19. Riparian vegetation must be reestablished within the construction limits of the project by the end
of the growing season following completion of construction.
20. 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.

Dr. Thorpe
March 31, 2006
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
22. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-
construction meeting. Written verification shall be provided that the final construction drawings
comply with the attached permit drawings contained in the application dated May 11, 2004.
23. 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.
24. 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.
25. 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.
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 MSC, Raleigh, N.C. 27699-6714. 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 Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Brian Wrenn at 919-733-5715 or John Hennessy at 919-
733-5694.
Sincex '
i
Alan W. Klimek, P.E.

Dr. Thorpe
March 31, 2006
Attachment
cc: William Wescott, Amy Corps of Engineers Washington Regulatory Field Office
Garcy Ward, DWQ Washington Regional Office
Travis Wilson, NC WRC
Gary Jordan, US FWS
Chris Militscher, US EPA
File Copy
Central Files