20060041 Ver 1_Approval Letter_20060217

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STATE OF NORTH CAROLINA 4y~yq„~clv,s 3 I ?0~>,
DEPARTIVIEENT' OF TRANSPORTATION ~"r~,~.~~AT4
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MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
U. S. Army Corps of Engineers
Regulatory Field Office
P.O. Box 1000
Washington, NC 27889
ATTN: Mr. William Wescott
NCDOT Coordinator
SUBJECT: Request For Permit Re-issuance for TIP projects B-4022, B-4231, B-4326,
B-2532, B-3876, and B-3538.
REFERENCE: 1) B-4022 Permit Application dated February 17, 2006
2) B-4022 USACE 404 NW 23 Action ID No. SAW200610578 March 9, 2006
3) B-4022 Buffer Certification dated April 17, 2006
4) B-4231 Permit Application dated September 7, 2006
5) B-4231 USACE 404 NW 23 Action ID No. SAW200641494174 November 22, 2006
6) B-4231 Buffer Certification dated October 4, 2006
7) B-4326 USACE 404 NW 23 Action ID No. SAW200610543
8) B-4326 Buffer Certification dated May 17, 2007
9) B-2532 USACE 404 NW 23/33 Action ID Nos. SAW200610796 &
SAW200632632125 dated May 4, 2006 and June 21, 2006 respectively
10) B-2532 Nationwide Permit Application dated May 17, 2006
11) B-3876 USACE 404 GP 31 Action ID No. SAW20071026164 March 14, 2007
12) B-3538 USACE 404 NW 23/33 Action ID No. SAW200610426 February 7, 2006
13) B-3538 Nationwide Permit Application dated December 29, 2005
Dear Sir:
October 30, 2007
bC~ o~' 1 I ~ `~-
The North Carolina Department of Transportation (NCDOT) has been issued Nationwide 23/33 permits
from the U.S. Army Corps of Engineers (USACE) for projects B-4022, B-4231, B-4326, B-2532, B-
3876, and B-3538 which all expired on March 18, 2007. Project construction in jurisdictional areas will
not be completed by the end of the 12-month grace period, March 17, 2008. Therefore, we are requesting
permit re-issuance.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
NATURAL ENVIRONMENT UNR
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone] or
919-715-1335
FAX: [phone]
LOCATION:
PARKER LMCOLN BUQ,DWG
2728 CAP17A1, 6LVD. BUITE 240
RALEIGH NC 27604
WEBSITE.' WWW.NCDOT.ORG

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Gj Michael F. Easley, Governor
_ Ross Jr. Secretary
r North Carolina Department of Environmltelnt a d Natural Resources
O "t
~ Alan W. Klimek, P.
Division of W E. Director
ater Quality
February 17, 2006
Wayne County
DWQ No. 060041
APPROVAL of NEUSE RIVER BUFFER RULES AUTHORI TIP No. B-3538
CONDITIONS ZATION CERTIFICATE with A
Dr. Gregory J, Thorpe, PhD. DDITIONAL
Planning and Enviro ° Manager
North Carolina Depa meat oBTransportation
1548 Mail Service Center
Raleigh, North Carolina, 27699.1548
Dear Dr. Thorpe,
You have our approval, in accordance with the conditions listed bel
replacement of Bridge No. 296 over Neuse River Cut-off (Overflow
County: ow, for the following impacts for the
on SR 1222 (Bryan Boulevard) in `PayrPnese of
Site Stream Im act Table
Stream Impacts - Tempor
Site 1 (ac) ~ Stream Impacts - Permanent
Total 0.001 (ac)
0.001 0.001 (bridge bents)
0.001
Site Neuse River Buffer Im act Table
Zone 1 Allowable
Site 1 (s . ft.)
Totals 6,830 Zone 2 (s . ft.)
1.1,706 4, 876
The project shall be constructed in accordance with
reviewing your a
covered b PPlication, we have decided that the stream im acts and ri
pplication dated received on January 6, 2006.
y General Water Quality Certification Numbers 3403 P After
Permit 23 issued by the Corp P~'ian buffer impacts described are
.0233 , s of Engineers. This a This certification corresponds to the Nationwide
In addition, you should acquire an pProval is also valid for the Neuse Buffer Rules (15q
including (but not limited to) Sediment and ErosioneControlaNon--local
regulations. This a permits before you proceed with your p ojact
pproval will expire with the accompanyin 404Der barge and Water Su
This a g p mit. PP1Y Watershed
pproval is valid solely for the purpose and design described in your a 1'
Should your project chan e,
new owner must be give a coou must notify the DW PP ication (unless modified below).
with all the conditions. If tota lwet and Its forcthis n ~ d a submit a new application. If the ro
impacts to streams (now or in the future pProval letter, and is thereby res P perry is sold, the
project (now or in the future) exceed one acre, or of total
described in 15A )exceed 1501inear feet, com ensator Ponsible for complying
conditions listed in the t a hedsOertification.d 7 p
() For this approval to remain validation may be required as
_ you must adhere to the
~ortation Permitting Unit
tail Service Center, Raleigh, North Carolina 27699-1650
rabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
919.733-1786/FAXg19.733-6893/Internet:htt ://h2o.enr,state.nc.us/ncwetlands
;l Opportunity/affirmative Action Employer-5n~u o~M._~_ ,..__

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1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) No in-water work is permitted between February 15 and June 15 of any year, without prior approval from the
NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, NCDOT shall conform
with the most recent version of the officially adopted document entitled "Stream Crossing Guidelines for
Anadromous Fish Passage at all times.
3.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
4.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
riparian buffers.
5.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
6.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
7.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
8.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters$om fuels, lubricants, hydraulic fluids, or other toxic materials.
9.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
10.) 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.
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.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
14.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
15.) All work shall be performed during low or normal flow conditions.

16.) 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.
17.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated with native woody species upon completion of the project
construction. Apost-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
18.) 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.
19.) 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.
20.) The post-construction removal of any temporary bridge structures will need to return the project site to its
preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species
is required.
21.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence
the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality
Certification.
22.) This approval will expire with the accompanying 404 federal permit. This condition supercedes condition No.
10 in the General Certification 3403.

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. 27699-6714. 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 Nicole Thomson at [phone].
Si ly,
~~
~2' ~' (~j 'l~ y
Alan W. Klimek, P.E.
JH/njt
Attachment
cc: Wilmington District US Army Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Tyler Stanton, PDEA-NEU
Mr. Richard E. Greene, Jr., Division 4 Engineer, PO Box 3165, Wilson, NC 27895
Division 4 Environmental Officer, PO Box 3165, Wilson, NC 27895
Mr. Garcy Ward, NC DWQ Washington Regional Office
File Copy
c:\Correspondence\2006BridgeProjects\D WQ060041\021406wgc.doc