20090261 Ver 1_Approval Letter_20090330

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY ANTHONY J. TATA
GOVERNOR SECRETARY
Mr. Tom Steffens
U.S. Army Corps of Engineers
Regulatory Field Office
2407 W. 5th St.
Washington, NC 27889
Garcy Ward
N. C. Dept. of Env. And Natural Resources
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
3/13/14
Subject: Modification to existing Mitigation/Restoration plan to U-5018A
Dear Mr. Steffens, Mr. Ward
In reference to an on -site review on March 6, 2014, between NCDOT, USACE, and
DWR personnel revealed discrepancies between approved permit conditions (both NWP
27 and 401 certifications), the approved mitigation restoration plan, and as -built
conditions.
These discrepancies involve changes in stream credits, buffer credits, and monitoring
regimes. The discrepancies in available credit were a result of initial credits being based
on areas outside of NCDOT ROW. It was also recognized that buffer credits were not
calculated correctly in the original application.
The NWP 27 (SAW 2009-00960) states that the stream and buffer restoration will be
accomplished "in accordance with submitted restoration plan". NCDOTrequests that the
following parts of the restoration plan be modified:
Section 1.0 - Stream credits of 160 LF referenced in the restoration plan should be
amended to 100LF proposed credit.
Section 4.1 — Vegetative monitoring requirements should be amended to state vegetation
counts be reported for 3 years. If counts are successful and following an on -site review
with State and Federal Environmental Regulatory agencies, NCDOT may request
closeout.
Section 4.2 — Stream monitoring requirements should be amended to state that one cross-
section will be established within the stream restoration site. Results will be reported for
3 years.
MAILING ADDRESS:
NCDOT DIVISION OF HIGHWAYS
POST OFFICE BOX 1587
GREENVILLE, NORTH CAROLINA 27835-1587
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.GOV
LOCATION:
105 PACTOLUS HIGHWAY (NC HIGHWAY 33)
GREENVILLE, NORTH CAROLINA

Section 4.3 — A surface water gauge will be installed and maintained throughout the 3
year monitoring period in order to document bankfull events.
The proposed stream and buffer mitigation credits would be available to offset stream and
buffer impacts in the same HUC contingent on successful monitoring and agency
approval.
Along with the modification above, NCDOT requests the following modifications be
made to the 401 certification (NCDWQ Project No. 20090261 v.1):
Conditions 4, 5, 7, and 8 should be amended to be consistent with the mitigation
restoration plan except for the amendments listed above.
Condition #4 - Stream restoration amended from 160LF to 100 LF total
-Zone 1 buffer credit amended from 4,764 FT2 to 6,000 FT2
-Zone 2 buffer credit amended from 3,235 FT2 to 4,000 FT2
-Total buffer credit amended from 7,999 FT2 total 10,000 FT2
Condition #5 -This condition should have an amendment stating "If site is successful,
site may be used to offset stream and buffer impacts in the same HUC conditional upon
agency approval"
Condition #7 -Buffer area will be monitored utilizing (2) 50' X 50' vegetation plots
-At the end of 3 years minimum success criteria is 320 trees/acre
-If successful NCDOT may request closeout
Condition #8 -1 Cross section will be set and monitoring results presented for 3 years
-Visually monitor streambanks and vegetative plantings for stability and
survial for 3 years
- A surface water gauge will be installed to report bankfull events for 3
years
-If site is successful after 3 years NCDOT may request closeout
Should you have any questions regarding this please contact me.
Sincererely,
Jay Johnson
Division 2 Environmental Officer
NC Department of Transportation

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
March 30, 2009
Pitt County
NCDWQ Project No. 20090261 v.I
Widening of NC 43
TIP/State Project No. U-5018A
APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Jay Johnson, Division Environmental Officer
NCDOT, Division 2
105 Pactolus Highway (NC 33)
Greenville, NC 27834
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
widening NC 43 from NC 43/ US 264 to B's Barbeque Road in Pitt County:
Stream Impacts in the Tar-Pamlico River Basin
Permanent Fill Temporary Fill Temporary Fill Total Stream Impacts
in Intermittent in Intermittent Permanent Fill in in Perennial Stream Requiring
Site Station Stream Stream Perennial Stream Stream Impact Mitigation
linear ft linear ft (linear ft) linear ft linear ft linear ft
S1 55+75 to 56+14 0 0 14 0 14 0
S2 56+15 to 56+62 0 0 44 0 44 0
S3 56+27 to 56+52 0 0 32 0 32 0
Total n 0 0 90 0 90 0
Total Stream Impact for Project 90 linear feet.
Wetland Impacts in the Tar-Pamlico River Basin
Site Station
I
Fill
ac
Fill (temp.)
ac
Excavation
ac
Mechanized
Clearing ac
Hand Clearing
ac
Area under
Bridge ac
Total Wetland
Impact ac
W1 55+51 to 55+87 0.01 0 0 0.01 0 0 0.02
W2 56+25 to 56+93 0.01 0 0 0 0 0 0.01
Total .ice"syr "; 0.02 0 - 0 0.01 0 0 0.03
Total Wetland Impact for Project: 0.03 acres.
Tar-Pamlico River Ri arian Buffer Impacts

Zone I minus = Zone I Zone 1 Buffer
Zone 2 minus = Zone 2 Total Zone 2 Buffer

Site
Impact Wetlands Buffers (not Mitigation
impact Wetlands Buffers (not Impact Mitigation

(sq ft) in Zone I wetlands) Required (using
(sq ft) in Zone 2 wetlands) (Zone I + Required (using
*
s ft s ft 3:1 ratio * s ft s ft Zone 2 1.5:1 ratio
1 7,427 0 7,427 N/A 5,700 0 5,700 13,127 N/A
Total 7,427 0 7,427 N/A 5,700 0 5,700 13,127 N/A
* N/A = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 13,127 square feet.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] .
Internet: http:llh2o.enr.state.nc.us/nmetlands/
One
thCarolina
Nor
Naturally
An Equal opportunity \ Affirmative Action Employer
The project shall be constructed in accordance with your application dated received March 13, 2009. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3704 and 3689. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 27
issued by the Corps of Engineers. This approval is also valid for the Tar-Pamlico Riparian Buffer Rules (15A
NCAC 2B .0250). 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.
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 NCDWQ 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 150 linear 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.
Conditions of Certification:
Project Specific Conditions:
1. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) prescribed by NC Wildlife Resources Commission. 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, the permittee shall conform to the
NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" (May 12, 1997) at all
times.
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. 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 NCDOT 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.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
4. Pursuant to NCAC15A 2B .0250(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Tar-Pamlico Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no
sediment and erosion control devices in Zone I, 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 I is not compromised and that discharge is released as diffuse flow.
Future Mitigation Credits:
The NCDWQ is not requiring mitigation for this project as proposed. However, the NCDOT proposes to
provide on-site stream restoration and buffer mitigation for future credit as follows:
Stream Restoration Buffer Restoration
Total feet Zone (11:2) Zone 2 (ft') Total (ft')
160 4,764 3,235 7,999
In order to utilize full credit from these efforts in the future, the NCDWQ must deem these sites successful
and the NCDOT shall adhere to the submitted monitoring plan.
5: All on-site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee
simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase.
Buffer Mitigation
6. In accordance with 15A NCAC 02B .0242(9) riparian vegetation re-establishment shall include a minimum
of at least 2 native hardwood tree species planted at a density sufficient to provide 320 trees per acre at
maturity.
7. The permittee shall monitor the buffer mitigation site. Monitoring shall consist of visual review, photo
evidence, and stem counts. An annual report shall be submitted to NCD WQ for a period of 5 years showing
monitoring results, survival rate/ success of tree and vegetation establishment, and that diffuse flow through
the riparian buffer has been maintained. The first annual report shall be submitted within one year of final
planting. Failure to achieve a buffer density of 320 trees per acre after 5 years will require the annual report to
provide appropriate remedial actions to be implemented and a schedule for implementation. Approval of the
final annual report, and a formal "close out" of the mitigation site by NCDWQ is required.
Stream Restoration
8. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of
the mitigation stream segments. The monitoring shall be conducted annually for a minimum of 3 years
after final planting. Photo documentation shall be utilized to document the success of the riparian
vegetation and submitted to the NCDWQ in a final report within sixty (60) days after completing
monitoring. After 3 years the NCDOT shall contact the NCD WQ to schedule a site visit to "close out" the
mitigation site.
General Conditions:
9. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species.
10. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best
Management Practices.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first.
12. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly.
13. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
14. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water.
15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
16. 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.
17. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
18. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
19. The Petmittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
20. 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.
21. 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.
22. 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.
23. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
25. 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 NCD WQ 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, NCDWQ may
reevaluate and modify this certification.
26. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
27. 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.
28. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
29. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction. limits of the project by the end of the growing season following completion of
construction.
30. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
31. 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:
32. 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.
33. 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.
34. 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.
35. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
36. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification.
37. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
38. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery.
39. A copy of this Water Quality Certification shall be maintained 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. 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 David Wainwright at [phone].
Side ely,
c
L-iColeen H. Sullins
Director
Cc: Wilmington US Army Corp District Office
Jay Johnson, Division 2 Environmental Officer
William Wescott, US Army Corps of Engineers, Washington Field Office
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Garcy Ward, NCDWQ Washington Regional Office
Cindy Carr, Mulkey Engineers and Consultants
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