20070256 Ver 1_Application_20080218

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
Attention: Bill Biddlecome
February 12, 2008
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Subject: Request for Renewal of NW 14 Permit (saw-2007-154-189) and DWQ 401 for road improvements
on SR 1110 (Old Columbia Road) in Tyrrell County.
The North Carolina Department of Transportation is requesting the renewal of NW 14 Permit #
(2007-154-189) and DWQ certification (20070256). This permit authorized the construction of a secondary
road project which impacted 0.39 acres of wetlands. Due to project delays this work will not be complete
by March 18, 2008 which is the expiration date of the issued NW 14 permit and corresponding 401 Water
Quality Certification. The perniit fee can be withdrawn from WBS # 36936.1.1. If you need any additional
information or have any questions concerning this project please call me at 252-482-7977.
Sincerely,
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LYNDO TIPPETT
SECRETARY
Jerry Jennings
Acting Division One Engineer
Clay Willis ~ v" ~/'
Division One Environmental Officer
Cc: Garcy Ward, DWQ
Sonja Gregory, DWQ

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IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889.1000
February 20, 2007
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Subject: Action ID No. SAW 2007-154-189 and Nationwide Permit No. 14 (Linear
Transportation Project)
Anthony Roper, Division Engineer
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Dear Mr. Roper:
Reference your application of February 1, 2007, for Department of the Army (DA)
authorization to discharge fill material within waters of the United States, impacting a total of
0.39 acres of wetlands to upgrade NCSR 1110 (Old Columbia Road) from a gravel surface road
to a paved surface roadway.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal
Regulations (CFR), Part 330.6, the March 9, 2000, Federal Register, Final Notice of Issuance,
Reissuance, and Modification of Nationwide Permits (65 FR 12818), lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of
the Clean Water Act, was provided by Nationwide Permit # 14 for fills for linear transportation
crossings of waters of the United States (including wetlands and other special aquatic sites).
Review of this project indicates that the improvements to the roadway will adversely impact
0.39 acres of Riverine Swamp riparian wetlands.
Your work is authorized under Nationwide Permit 14, provided it is accomplished in strict
accordance with the enclosed Nationwide Permit Conditions and the following special
conditions:
a. The unavoidable impacts to 0.39 acres of Riverine Swamp riparian wetlands associated with
this project shall be mitigated by NCDOT by providing 0.78 acres of restoration equivalent
Riverine Swamp riparian wetlands in the Pasquotank River basin (Hydrologic Cataloging Unit
03010205). For wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of
wetland restoration. NCDOT shall provide a plan to the USACE for addressing this mitigation
requirement by March 20, 2007. It is recommended that NCDOT provide this mitigation in

accordance with the procedures suggested in our letter dated September 13, 2004 from Mr. Ken
Jolly to Dr. Gregory J. Thorpe.
b: The temporary placement or double handling of excavated or fill materials within waters or
vegetated wetlands are not authorized.
c. All excavated materials will be confined above normal high water and landward of
regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent
spillover of solids into any wetlands or surrounding waters.
d. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
e. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands, or any activities that cause
the degradation of waters or wetlands, except as authorized by this permit, or any modification to
this permit. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. There shall be no
excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands
associated with this permit without appropriate modification of this permit, including appropriate
compensatory mitigation. This prohibition applies to all borrow and fill activities connected with
this project.
f. To ensure that all borrow and waste activities occur on high ground and do not result in the
degradation of adjacent wetlands and streams, except as authorized by this permit, the pennittee
shall require its contractors and/or agents to identify all areas to be used to borrow material, or to
dispose of dredged, fill, or waste material. The permittee shall provide the USACE with
appropriate maps indicating the locations of proposed borrow or waste sites as soon as the
permittee has that information. The permittee will coordinate with the USACE before approving
any borrow or waste sites that are within 400 feet of any streams or wetlands. The permittee
shall ensure that all such areas comply with condition (e) of this permit, and shall require and
maintain documentation of the location and characteristics of all borrow and disposal sites
associated with this project. This information will include data regarding soils, vegetation and
hydrology sufficient to clearly demonstrate compliance with the preceding condition (e). All
information will be available to the USACE upon request. NCDOT shall require its contractors
to complete and execute reclamation plans for each waste and borrow site and provide written
documentation that the reclamation plans have been implemented and all work is completed.
This documentation will be provided to the Corps of Engineers within 30 days of the completion
of the reclamation work.

g. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions and any Corps
approved modifications shall be available at the project site during construction and maintenance
of this project.
h. Any violation of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District,
U.S. Army Corps of Engineers, within 24 hours of the violation.
is Failure to institute and carry out the details of special conditions a. - h., above, may
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with TIP No. R-4452, or such other remedy as the District Engineer or his authorized
representatives may seek.
This nationwide permit does not relieve you of the responsibility to obtain any required
State or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All
of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007.
It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit.
If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until March 18, 2007, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's
authorization under any NWP.
Thank you for your time and cooperation. If you have any questions, you may contact me
at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina,
27889, or telephone [phone], extension 26.
Sincerely,
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William Bi dlecome
Regulatory Project Manager

Enclosures
Copies Furnished (without enclosures)
Mr. David Wainwright
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
C/O FHWA, Raleigh Office
310 New Bern Avenue, Room 410
Raleigh, North Carolina 27601
Ms. Kathy Matthews
USEPA-Region 4 Wetlands Section
109 T.W. Alexander Drive
Durham, North Carolina 27711
Mail Code:E143-04
4

Mr. William D. Gilmore, P.E.
EEP Director
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Mr. Garcy Ward
NCDWQ Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Cathy Brittingham
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

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~q ~~ Michael F. Easley, Governor
"'j t,J~ ~ William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
~~~+~~~~~ u Division of Water Qualih
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March 2, 2007
Tyrrell County
DWQ Project Na 20070256
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Anthony Roper, P.E.
NCDOT, Division 1
113 Airport Drive Suite 100
Edenton, NC 27932
Dear Mr. Roper:
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts:
Site Number Wetland Fill
acres
1 0.034
2 0.034
3 0.114
4 0.201
Net Total Im acts 0.388 acres
The project shall be constructed in accordance with your application dated Febntary 1, 2007 for the purpose of the widening
and paving of SR 1110 (Old Columbia Raad) in Tyrrell County. After reviewing your application, we have decided that
these impacts are covered by General Water Quality Certification Number 3404. This certification corresponds to the
Nationwide Permit 14 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 issued by the US
Army Corps of Engineers (this supercedes Condition 19 of General Certification 3404 issued on March 28, 2003).
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 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 401lWetlands 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.
3.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
Nom` Carolina
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] tura!!y
FAX [phone] Internet: www.ncwaterquality.org
An Eaual OpportunihrlAffimtativeAclion Empbyer - 50% Recyded110°~6 Post Consumer Paper

16.) 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.
1;~:) 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 Cazolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447.
This certification and its conditions aze 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 Gazcy Ward at [phone].
incerel ,
for Alan .Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Mr. Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Mr. Clay Willis, Division 1 Environmental Officer, NCDOT
Cathy Brittingham, DCM, 1638 Mail Service Center, Raleigh, NC 27699
Sonia Gregory, DWQ, 401/Wetlands Unit
Central Files
File Copy