20060332 Ver 1_Permit Mod Request_20071203

SCAIZ
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
November 26, 2007
Mr. William Wescott
US Army Corps of Engineers DEC 3 2007
Washington Regulatory Field Office
Post Office Box 1000 DENR • WATER QUALITY
Washington, NC 27889-1000 WETLANDS ANDSTORMWATERBRANCH
Subject: Request for Permit Condition Modification, Jeffrey's Warehouse
Stream and Wetland Mitigation Site, Wayne County, TIP No. R-1030AA,
State Project No. 8.1330502, COE Action ID. 200610635, DWQ No.
060332
Dear Mr. Wescott:
The Jeffrey's Warehouse Stream and Mitigation Site was constructed as onsite
mitigation for R-1030AA under the Nationwide Permit 27 referenced above.
The original permit issued for R-1030 (COE Action ID. 199202353, condition v
and y, DWQ Certification No. 3293, condition 6) required 3,380 feet of stream impacts
to be mitigated at a 1:1 ratio by debiting 3,380 feet from the Wiggins Mill site. After the
Jeffrey's Warehouse Site was constructed, 1,000 feet of this original 3,380 feet was to be
debited from the Jeffrey's Warehouse Site. This 1,000 feet of credit would then be
available at the Wiggins Mill site.
Since the time of the original permit, the Wiggins Mill site has been transferred to
the Ecosystem Enhancement Program (EEP) and placed on the EEP debit ledger. The
Jeffrey's Warehouse Site was constructed and as-builts were distributed November 6,
2007. According to the as-built plans, the site provided 3,731 feet of stream restoration,
26.68 acres of wetland restoration, and 7.26 acres of buffer restoration.
To minimize conflicts with the EEP debit ledger, NCDOT requests modification
of the permit conditions referenced above associated with TIP R-1030. The requested
modification would allow NCDOT to leave the 3,380 feet of stream mitigation debited
from the Wiggins Mill site and to not transfer credits between the Wiggins Mill site and
Jeffrey's Warehouse site.
MAILING ADDRESS: TELEPHONE: [phone] or LOCATION:
NC DEPARTMENT OF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS - 2728 CAPITAL BLVD. SUITE 240
NATURAL ENVIRONMENT UNIT FAX: [phone] RALEIGH NC 27604
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 WEBSITE. WWW.NCDOT.ORG
Thank you for your consideration of this request. If you have any questions, please
contact LeiLani Paugh at [phone].
Sincerely,
Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
cc: Mr. Brian Wrenn, NCDWQ, Raleigh
Mr. Rob Ridings, NCDWQ, Raleigh
Mr. Scott McLendon, USACE, Wilmington
Mr. Travis Wilson, NCWRC,
Mr. Gary Jordan, USFWS
Mrs. Kathy Matthews, USEPA
Mr. Jamie Guerrero, NCDOT, Division 4 DEO
Mr. Chris Manley, NCDOT, NEU
Mr. Byron Moore, PE, NCDOT NEU
DEC.-12-24107 09:16 From:DOT OFF OF NAT ENVI. 919 715 5501 To:9197336E93 F.1"6
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MAILING A0VRESS: TELEPHONE [phone] of 919-715-1334 LOCATION:
NC DEPARTMENT OF TRAW.P0RTAnc7N FAX [phone] PARKER LINCOLN BUILDING
PROJECT DEVINWPMENT AND ENVIRrJNMENTAL ANALYSIS 2720 CAPITAL BLVD.. SUITE 240
NATURAL ENVIRONMENT UNIT W&ssrTE wwwNCDOT. oRG RALFIGH. NC 27uo4
1599 MAIL SERVIGF CENTER.
RALEIGHNC 27699•1syli
DEI_-12-2007 WED 10:25 TEL:[phone] NAME:DWQ-WETLANDS P. 1
DEC.-12-2007 09:16 Frofo:DOT OFF OF NAT ENVI. 913 715 5501 To:9197336693 P.2/6
"AUG,04'211nO 09:07 252.9751299 USAGE WASH #132?i P.0c'"00h
NOR) m CAROLINA DEPARTMENT O
ENVIRONMENT AND NATJRAL• RESOURCcS
WD, K Division OF W4Tt_r' 'IJAL,7Y
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6gVP,ptioR1
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION and NEUSE RIVER
RIPARIAN BUFFER RULES
a16L. H"J
SECACTAR
June, 7-3. 2000
f
KaRR T. 9 Ens Mr. William b- Gilmore. p.E-- Manayf,
tJIRQLTOty I Planning and ]environmental Branch
I
r North Carolina Deptlrtmenc of Transportation
P,O, Box 25201
Raleigh. NC 276 11-5201
Dear Mr. Gilmore:
R,e: Certification Pursuant W Section 401 of the Federal Clean Water Act wnd the Neuse Rivcr
Riparian Huffer Rules
Proposed improvements to U5 117 frorn Wilson to Goldsboro (P-1P R-1030)
WQC Project No. W9 13, Federal Aid No. DPR-00739(002), Sta:o Project No. 3 1330503
Wavne and Wilson Countries
Attached hereto is a copy of Cerdf=Lioa No, 3293 issued to the North Carolina Department of
Transportation dated Jvnc 23. 2000.
if -a can be of further assistance- do not hesitate to contact us.
sincerely.
Kerr T, Steven.,
Attachmert8
990413.Wgc
cc' Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
DWO Wit htngtOn Rcgtona; Offce
OWQ Raleigh Regional Office
Mr. Jnhn Dorsey
j Central Files

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DEC:-12-2007 WED 10:25 TEL:[phone] NAME:DWO-WETLANDS P. 2
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PLUG-64'2000 09:07 2529751399

NORTH CAROLINA 401 WATER QUALITY CERTYI-ICATION
#1326 P,003i006
THIS CERTIFICATION is issued in conformity with the requirements ofSer-tion 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, Section .0500. This eertifcauon authorizes the NCDOT to place till material
in 37.48 sicres of jurisdictional wetlands (18.28 Swamp Hardwood Forest and 17.02 Bottotnland Hardwood
Forest) and 41,11 linear feet of streams in Wayne and Wilson Counties. The project shall be constructed
pursuant to the application filed on the 28" day of April 1999, and the subsequcrit revised submittal March
24. 2000 to construct improvements to US 117 from Wilson to Goldsboro. The impacts to Neuse Butters
shall be constructed for Sections SA and B3 as shown in your correspondence submitted June 5.'4000,
Impacts to buffers elsewhere on the project shall be approved as conditioned below.
The application provides adequate assurance that the discharges of fill material into the waters of the state
in conjunction with the proposed development will not result in a violation of applicable Watcr Quality
Standards and discharge guidelines. Tbereforc. 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 wuh the application and conditions hereinafter get forth.
This approval is only valid for the purpose and design that you submitted in your application. as described
in the public Notice. Should your,
roject 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 total wetland fills for this project
(now or in the future exceed one acre:, compensatory mitigation may be rNui'red as described in 15A NCAC
2I-1.0506 (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
Stormwster, Non-discharge artd Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North C;irolina Sediment and Erosion Control Planning: and Design
Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exeeedances of
the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not
designated as trout waters; 25 N7V,% in all lakes and reservoirs, and all saltwater classes; and 10
NTUs in trout water,);
2. All sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable. they shall be removed and the natural grade restored after the Division
of Land Resources has released the project;
3. If an environmental document is required, this Certification is not valid until a FONSI
or ROD is issued by the State Clearinahow%e:
4. Measures shall be taken to prevent live or fresh concrete from c;oMinew into contact with
waters of the state until the concrete has hardened;
5. 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
borTow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities,
wetlanctsr401 Unit 1621 Mail Service Center Raleigh. North Carg1in5 27699-1621
Telephone 9;9-733-1786 FAX [phone]
An Fqu41 Oppartuniry Affirmative Action Emvioyrr SA9t, rry?tabtt)5{, past consumerpoper
u5ACE WRSH
DEC-12-2007 WED 10:25 TEL:[phone] NAME:DWO-WETLANDS F. 3
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#1326 ?.004i005
6. Compensatory mitigation for impacts to jurisdictonal streams shall be provided by relocating 731
linear feet of streams on ttita as described (i.e. a stable stream pattern. dimension, and profile) in
the March 24, 2000 revised permit application. All stream relocations shall have 50-foot wooded
buffers planted on both sides of the srrcam. As-Suilm for the completed streams shall be
submitted to the North Carolina Division of Water Quality 401 Wetlands Unit within 30 days of
the completion of the construction of the relocations. If the parameters of this condition are not
met, then the NCDOT shall supply additional stream mitigation for the 731 linear feet of impacts.
Compensatory mitigation for impacts to wetlands shall be done for 70.60 acres (35.30 acres of
impacts raquiring mitigation at, a replacement ratio of. 2; l) of jurisdictional wetlands. 2380 linear
feet of streams shall. be provided at the Wiggins Mill Mitigation Sites as follows.
Mitigation Site Habitst Acres of W1L Linear Feet of
Debited Streams
Sate 7 Mitigation 1000
Site
Wiggins Mill
Swam Hardwood 36.56
BottoatLind Hardwood 34.04
Streams 2380
Total 1 70.60 3380
1000 linear feet of stream restoration shall be provided at the Site, 7 Mitigation Site discussed in
the June S. 2000 correspond from DOT to the DWQ. A final mitigation plan for the site shall he
submitted to the DWQ 40 ilWedands Unit no later than One year from the date of the issuance of
the 401 Water Quality Cettific:ttion. Should Site 7 plan not be approved by the DWQ within 18
months of the date of issuance of the 401 Water Quality Cereicarion, then the 1000 linen feet of
stream restoration shall be debited from the Wiggins Mill Mitigation Site. To that end, a 1000
linear feet of Stream mitigation shall be sot aside at rho Wiggins Mill Site until the Site 7 site is
approved by :be DWQ or the aforementioned time limits expire for the Site 7 Mitigation Site,
7. All stormwater runoff shall be directed to sheettlOw through stream buffers at nanerosive
veloc? tics.
8. During the construction of the project the applicant shall strictly adhere to North Carolina
regulations entitled "Design Standards in Sensitive Warembeds' (15A NCAC 043 ,0024)
throughout design and construction of the project for activities u dcrtaken in all waters classified
u WS (Water Supply). ORW (Outstanding Resource Water), FfQW (High Quality Water), B
(Bodv Contact). SA (Shellfish Water) or Tr (Trout Water).
9. Permit drawings for unavoidable impacr3 to jurisdictional Neuse Suffers (as defined in NCAC
15A 213.01233) for Segermonts A. C. and D of the project (Segments BA and 88 have been
submitted and authorized with this authorization) shall be submitted and received in the office of
the North Carolina Division of Water Quality by December 31, 2000.
W011=4[0 01 Unit 1621 Mail Scrvice Center Raleigh. North Carolina 27699.1621
Telephone 9t9.7S3-1786 FAX [phone]
An Equal Oppa rtuoity Afllrn utive Action Employar 50% recyele4gl0% post consumer paper
WED 10:26 TEL:[phone] NAME:DWO-WETLANDS
P. 4
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ARG.04'2000 09:09 2529751399 USACg WASH

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41326 P.0051006
10. Compensatory mitigation for impacts to Neuse Riparian Buffers in Segments BA and BB shall be
provided for as described below,
Mitigation for unavoidable impacts to Nen a Riparian Buffers shall be provided through an in-
lieu payment to the North Carolina Wetlands Restoration Program (NCwRP) at a rate Of $41,625
per acrc for 12 acres of buffer impact- Therefore. a total payment of 5499„500 shall. be submitted
to the NCWRP to offset the impacts incurred for Segments $A and 88. No constyuction
activities in buffers shall begin until payment for buffer mitigation is made to the NCWRP.
Compensatory n i.tigation Per impacts to Neuse Riparian Buffers in Segment A. C. and D shall be
calculated with the submitual of the permit drawings for those segments and payment to the
NCWRP xhall be received no later than February 28, 2001. for impacts incurred in' cgrnenu A.
C. and D.
11. At Site I in Segment 8B rite impacted pond may be drained. However. the resulting stfeam
channels that forest through the original pond will be subject to the Nettle River Riparian suffer
Rules (NCAC 15A 2B,0233). and shall be replanted as specified in 15A NCAC 213 .0242 (9). No
stormwater shal I be permitted. W discharge directly into waters anywhere in the impact site.
Rather all stormwater shail be directed to sheettlow through buffers at non-erosive velocities.
12. Roadside ditches shall not discharge directly into sureace waters. They shall be designed to
discharge into a stotinwater management facility designed to control nitrogen and attenuate flaw,
The outfall structure from the stormwater rnanagsntent facility outAll shall be dcsignod to
sheettlow through stream. buffers at nonerosive velocities.
13, Hazardous Spill Catch Basins shall be required for all stream crossings located in the
Watersupply Watcrshed Critical Area. The final designs for the Hazardous Spill Caleb Basins
shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Chit prior to
beoinnino construction in the Watersupply Watersbed Critical Area. As-builts for the basins shall
be subrnittecl to the North Carolina Division of Water Quality 401 Wed.ands Units no later than
30 days after the construction is completed.
14. No payment to the NCWRp is required until a final MOA describing and defining the parameters
of the financial payments for in-lieu buffer mitigation is established and signed by responsible
parties of both agencies (NCWRP and NCDOT). This condition supemcdes the timetable for
payments established In Condition 1,0, Should the payment timetable established in Condition 10
be superseded by this condition, then payment for buffer impacts is due within two months of the
finali7adon of the MOA
15- Prior to any construction activities, the NCDOT Shall submit a maintenance plan for all
storrnwater management facilities and h5zardous spill catch btrsins associated with the project.
The NCDOT shall be required to implement the maintenance plan for the IA of the road.
16. Pursuant, to NCAC 15A 28.0233(6), sediment and erosion control devices shall not be placed in
Zone 1 of any Ncuse Buffer without prior approval by the NCDWQ. At this tiMe, the NCIDWQ
has approved no sediment and erosion control devlcas in Zone 1 anywhere on this project.
Moreover, iudiment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone t is not compromised and that discharge is released as diffuse; flow,
Wedandala0I Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1 62 1
Telephone [phone] PAX 733.9959
An Ege1t Opportunity Af trnati<e Action Employer 50% etwyclocUl0% poet eonsumtr pupett
WED 10:26 TEL:[phone] NAME:DWO-WETLANDS
F.
DES:.-12-2007 09:17 From:DOT OFF OF NAT ENUI. 919 715 5501
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To:9197336893 P.6'6
41326 P.006M)6

Violations of a,ny condition herein set forth shall result in rizvoc;;ttion of this C-Ortitication and may result in
criminal and/or civil penalties. This Certification shall become null and void unless the above concllt=.!:
are rrode conditions of the Federal 404 and/or Coastal Area Management Act Permit- This Certilcation
shall expire upon the expiration of the 404 or CAMA permit.
trthis Certification is unacceptable to you. you have the right to an adjudicakary hearing upon written
request within sixty (60) days following receipt or this Certification. This request must be in the form & a
written petition Cbnformirt0 to Chapter 150E of the North Carolina General Statutes and filed with the
Office of Administrative t-TeiringS. P.O. Sox 27447, Raleigh, N.C_ 27611-7447. If modifications are made
to an original Certification. you have the right to an adjudicacory heating 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 23`' day of June MOO
DIVISION OF WATER QUALITY
Kerr T. Stevens

DEC-12-2007 WED 10:26
TEL:[phone] NAME:DWO-WETLANDS
P. 6