20021232 Ver 6_Approval Letter_20071024

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October 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, and
Neuse River Buffer Authorization with ADDITIONAL CONDITIONS for Proposed improvements to NC 55 in
Pamlico County, Federal Aid Project STP-55(1), TIP R-2539C.
DWQ Project No. 20021232 v.6
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3415 issued to The North Carolina Department of Transportation dated
March 17, 2003, and modified October 27, 2003, December 10, 2004, and September 7, 2005. This modification is
applicable only to the remaining activities in R-2539 section C. All the authorized activities and conditions associated with
the original Water Quality Certification dated March 17, 2003 and all subsequent modifications still apply except where
superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments
' ce ly,
Coleen H. Sullins
Director
cc: Wilmington District Corps of Engineers
Mr. William Wescott, Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. Garcy Ward, NC DWQ, Washington Regional Office
Central Files
File Copy
Noe Carolina
~turally
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
North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] Customer Service
Internet: www.ncwateryuality.org Location: 2321 Crabtree Blvd. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and
Neuse River 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 (DWQ) Regulations in 15 NCAC 2H .0500
and 15A NCAC .0233 for the Neuse River Basin. This certification authorizes the NCDOT to impact 368 linear feet of
jurisdictional streams and 24,725 square feet of protected riparian buffers in Pamlico County. The project shall be
constructed pursuant to the modification request dated September 13, 2007. The authorized impacts are as described below:
Streams Buffer Buffer
Site Number permanent (f t) Temporary Zone 1 Zone 2
(square ft) (square ft)
Im acts Im acts
3 97.13 53.25 5,828 3,885
(Sta 196+60-L-RT-)
3 89.88 37.8 5,393 3,595
(Sta 199+77-L-RT-)
5 60.24 29.72 3,614 2,410
(Sta 206+00-L-RT-)
Net Total Im acts 368 ft 24,725 s ft
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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
September 13, 2007. All the authorized activities and conditions associated with the original Water Quality Certification
dated March 17, 2003 and all subsequent modifications 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
1501inear feet, respectively, additional compensatory mitigation maybe 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:
1. The only modifications to the design of the project authorized by this certification are those submitted in your application
dated September 13, 2007 for the remaining activities in R-2539C. All authorized activities and conditions associated
with the original Water Quality Certification dated March 17, 2003 and all other corresponding modifications still apply
except where superceded by this certification.
2. 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 fiuther
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.

3. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed
floodplains and streams should be restored to natural geomorphic conditions.
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.
5. 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.
6. 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.
7. 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.
8. 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.
9. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification.
10. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
11. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegated. 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 DOT 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.
12. 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.

13. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by higJhly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
14. 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.\
15. 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.
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.
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 ofa 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 October, 2007
DIVISION OF WATER QUALITY
Coleen H. Sullins,
Director
Modification to WQC No. 3415