20090134 Ver 1_Approval Letter_20090504

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 4, 2009
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and TAR-
PAMLICO BUFFER RULES with ADDITIONAL CONDITIONS for Proposed extension of SR 1537 in
Edgecombe County, State Project No. 8.2291201, TIP No. U-3826.
NCDWQ Project No. 20090134
Dear Dr. Thorpe:
Attached hereto is a copy of Certification No. 3792 issued to The North Carolina Department of Transportation
(NCDOT) dated May 4, 2009.
If we can be of further assistance, do not hesitate to contact us.
Si ely,
? /Coleco H. Sullins
(r Director
Attachments

cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Roadside Environmental Unit
Chris Underwood, NCDOT NEU
LeiLam Paugh, NCDOT NEU
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http:llh2o.encstate.nc,usincwetlandsl
An Equal Opponunily 1 Affirmative Action Employer
One
NorthCarolina
Naturally
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and TAR-
PAMLICO BUFFER RULES, 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 (NCDWQ) Regulations in
15 NCAC 2H .0500 and 15A NCAC 26.0259. This certification authorizes the NCDOT to impact 2.56 acres of
jurisdictional wetlands, 26 linear feet of jurisdictional streams and 14,465 square feet of protected riparian buffers in
Edgecombe County. The project shall be constructed pursuant to the application dated received February 11, 2009.
The authorized impacts are as described below:
Stream Imnacts in the Tar-Pamlico River Basin
Site Permanent Fill in Perennial Stream
linear ft Temporary Fill in Perennial
Stream linear ft Total Stream Impact
linear ft
4 16 10 26
Total 16 10 26
Total Stream Impact for Project: 26 linear feet
Wetland Impacts in the Tar-Pamlico River Basin
Site Permanent Fill
(ac) Temporary
Fill
ac Mechanized
Clearing
ac Hand Clearing
(ac) Total
Wetland
Impact ac Impacts
Requiring
Mitigation ac
1 0.71 0 0.04 0 0.75 0.75
2 0.04 0 0 0 0.04 0.04
3 0 0 0 0.23 0.23 0
4 0.61 0.23 0.08 0.62 1.54 0.69
Total 1.36 0.23 0.12 0.85 2.56 1.48
Total Wetland Impact for Project: 2.56 acres.
Open Water (River) Impacts in the Tar-Pamlico River Basin
Site Temporary Fill in Open Waters ac Total Fill in Open Waters ac
4 1.09 1.09
Total 1.09 1.09
Total Open Water Impact for Project: 1.09 acres.
Tar-Pamlico Riparian Buffer Impacts
Site Zone 1 minus = Zone I Zone 1 Buffer -RiW Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required 'g. (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 8663 0 8663 N/A 5802 0 5802 N/A

Totals 8663 0 8663 0
R" 1
5802
0
5802
0
* n/a = Bridge impact Allowable, no mitigation required
Total Buffer Impact for Project: 14,465 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico
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 application dated received
February 11, 2009 and additional information received March 23, 2009. Should your project change, you are
required to 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
any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150
linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 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.
Conditions of Certification:
1. Compensatory mitigation for impacts to 1.48 acres of riverine wetlands is required. We understand that part of
this requirement will be met with performing 0.86 acres of on-site wetland restoration. The permittee shall comply
with the on-site wetland mitigation plan submitted with the February 11, 2009 permit application. 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.
2. For the forested wetland mitigation site, the permittee shall plant 680 stems/acre. Vegetation success shall be
measured by survivability over a 3-year monitoring period. Survivability will be based on 320 stems/acre after three
(3) years. A survey of vegetation during the growing season shall be conducted annually over the three-year
monitoring period and submitted to the NC Division of Water Quality. If the surviving vegetation densities are
below the required thresholds after the three-year monitoring period, the site may still be declared successful at the
discretion of and with written approval from the NC Division of Water Quality.
3. Success of the mitigation site shall be determined by NCDWQ during an on-site visit at or near the end of the
monitoring period.
4. Compensatory mitigation for the remaining 0.62 acres of wetlands is required. We understand that you have
chosen to debit mitigation from the Mildred Woods Mitigation Site at a 3:1 ratio. This certification gives approval to
the debiting of 1.86 acres of wetland mitigation from the Mildred Woods Mitigation Site in order to satisfy the wetland
mitigation requirements of U-3826.
5. As described in your application, NCDOT shall design, construct, operate and maintain the hazardous spill catch
basins (HSCBs) at the Tar River crossing as shown on the permit drawings.
6. The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile driving or
vibration techniques) prescribed by the NC Wildlife Resources Commission. No in-water work in the Tar River is
permitted between February 15 and September 30 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 with the
NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times.
7. 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.
8. 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.
9. 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. .
10. A copy of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre-
construction meeting. The permittee shall provide written verification that the final construction drawings comply
with the permit drawings contained in the application dated February 4, 2009. Any deviations from the approved
drawings are not authorized unless approved by the NC Division of Water Quality.
11. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
12. 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.
13. Pursuant to NCAC 15A 2B.0259(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 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
19. 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.
20. 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.
21. 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.
22. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. '
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
24. 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 NCDWQ 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.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification..
26. 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.
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. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
30. 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.
31. Native riparian vegetation (i.e., 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.
32. 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.
33. 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.
34. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by
this Certification.
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 of a 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 4th day of May 2009
DIVISION OF WATER QUALITY
ALI- a--
Coleen H. Sullins
Director
WQC No. 3792
1
forested wetland. If we apply the 2:1 ratio to the 0.94 acre of wetland restoration, the on-site
mitigation will provide compensation for 0.47 acres of wetland impacts
Also, we are concerned that the proposed on-site restoration perhaps is not proposed to be
graded deeply enough to provide high quality wetland restoration. The cross-sections of the
wetland restoration area appear in places to match the highest elevation of the adjacent wetlands,
rather than an average or lower elevation. NCDOT should propose appropriate elevations to
ensure that the site will be wet enough to support similar wetlands as the adjacent area.
. EPA also has concerns with the use of Mildred Woods Mitigation Site for this project.
The Mildred Woods site is an approximately 13-year old, apparently non-riparian forested
wetland along U.S. 64, south of the proposed impacts. This site has had relative success, and the
trees are getting large. Although the permit application and the March 17, 2009, revision to the
permit application refer to this site as `riparian,' there are no streams within the site or adjacent
to the site. It is unclear how this site was deemed to contain riparian mitigation credit, and we
recommend that the wetland types on the site be clarified. We also are unsure as to whether
additional debits are still allowed at the Mildred Woods site. We recommend that these issues be
resolved prior to issuance of the permit. If NCDOT intends to utilize the non-riparian wetlands
at Mildred Woods for the mature cypress swamp impacts, and the U.S. Army Corps of Engineers
will allow the debits at the Mildred Woods site, then EPA recommends that a 3:1 ratio be
applied. This ratio takes into account that the Mildred Woods site is more mature than many
other mitigation sites, and also that the mitigation is out-of-kind.
EPA has reviewed the mitigation plan for the on-site mitigation and is concerned that
NCDOT only proposes to monitor the forested wetland restoration area for three years. Also, the
mitigation plan does not propose to monitor hydrology of the wetland site. Pursuant to 40 CFR
Part 230.96, wetland mitigation sites which have slow development rates, such as forested
wetlands, must be monitored for longer than five years. EPA recommends that all forested
wetland mitigation sites be monitored for a minimum of seven years. All references to a three-
year monitoring period should be revised to a seven-year monitoring period, throughout the
document.
Vegetation and hydrology of the forested wetlands should be monitored for at least seven
years. The vegetation success criteria should include criteria for year seven. EPA recommends
260 planted trees per acre. Hydrology success criteria for the restored areas should include, at a
minimum, demonstrating a jurisdictional hydroperiod.
Pursuant to 40 CFR Part 230.94(c), 12 components must be included in a mitigation plan.
Some of the components which are missing from the on-site Mitigation Plan include:
- Site protection instrument. This should include a description of the legal arrangements
(including site ownership) that will be used to ensure long-term protection of the mitigation
project site.
- Monitoring requirements. A description of parameters monitored to determine whether the
project is on track to meet performance standards and if adaptive management is needed.
2
-Performance Standards. This should include ecologically-based, quantifiable standards for both
wetland and stream projects.
An adaptive management plan (contingencies).
- A long-term management plan. The mitigation plan should clearly state whether long-term
management is needed for any aspect of the site. If long-term management is necessary, then the
plans should be clearly stated. Future enforcement of the easement boundaries is an example of
a typical issue to address.
Thank you for the opportunity to review this project. If you have any questions or
comments, please contact Kathy Matthews, of my staff, at [phone] or
[e-mail].
Sincerely,
e ife*Serby
h' f
Wetlands and Marine Regulatory Section
cc: USFWS
NCDWQ
NCWRC
NCHP '
NCDOT
Gary Jordan
USFWS
P.O. Box 33726
Raleigh, North Carolina 27636 - 3726
Mr. Brian Wrenn, Env. Sup.
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Greg Thorpe, Env. Mgmt. Dir.
NCDOT/PDEA
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
1142 I-85 Service Rd.
Creedmoor, NC 27522
Renee Gledhill-Earley
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh NC 27699-4617
4