20060284 Ver 2_Approval Letter_20071221

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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
December 21, 2007
Beaufort & Pitt Counties
TIP B-4022
DWQ Project No. 20060284 v.2
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR PAMLICO RIVER BUFFER AUTHORIZATION with
ADDITIONAL CONDITIONS
Dr. Gregory J. Thorpe, PhD., Manager
Planning & Environmental Branch
N.C. 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, for the following impacts:
Wetlands
(acres) Buffer Zone 1 Buffer Zone 2 Streams
Site Number Mechanized (square ft) (square ft) (square ft)
Fill Clearin
Site 1 0.006 0.034 5,917 4,108 42.48
Net Total Im acts 0.040 acres 10,025 (0.23 acres) 42.48
The project shall be constructed in accordance with your application dated received October 31, 2007 for the purpose of
replacing Bridge 90 over Tranter's Creek on SR 1414 / SR 1556 in Beaufort and Pitt Counties. All the authorized activities
and conditions associated with the original Water Quality Certification dated April 17, 2006 and all subsequent modifications
still apply except where superceded by this certification. After reviewing your application, we have decided that these
impacts are covered by General Water Quality Certification Number 3632. This certification corresponds to the Nationwide
Permit 23 issued by the Corps of Engineers. This approval is also valid for the Tar Pamlico River Buffer Rules (15A NCAC
2B .0259). 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 issued by the US Army Corps of Engineers (this supercedes
Condition 10 of General Certification 3632 issued on March 19, 2007).
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 total impacts to streams or buffers (now or in the
future) exceed 1501inear feet, compensatory mitigation maybe 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 in the attached certification.
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.) 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.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone]
FAX [phone] Internet: www.ncwaterquality.org
An Equal OpportunitylAffirmative Action Empbyer - 50°~ RecycledJl O% Post Consumer Paper
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3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
4.) All work shall be performed during low or normal flow conditions.
5.) 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.
6.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
7.) 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.
8.) Ail stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved
otherwise by this certification.
9.) 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.
10.) 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.
11.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions.
12.) Pursuant to NCAC 15A 2B .0259 (6), sediment and erosion control devices shall not be placed in Zone 1 of any Tar
Pamlico River 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.
13.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation, 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.
14.) 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.
15.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
16.) 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.

17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) All protected 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. A
post-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.
19.) 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.
20.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence to the
Corps of Engineers guidelines for bridge demolition will be a condition of the 40I Water Quality Certification.
21.) 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 I SOB of
the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447.
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 Garcy Ward at [phone].
Sinc ely,
for o een .Sullins
Attachment
cc: Wilmington District Corps of Engineers
Mr. William Wescott, US Army Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT
Mr. Stephen Lane, DCM, Morehead City
Mr. Steve Sollod, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Mr. Garcy Ward, DWQ, Washington Regional Office
Central Files
File Copy