20081602 Ver 2_Approval Letter_20100628

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins - Dee Freeman
Governor Director Secretary
June 28, 2010
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 with ADDITIONAL CONDITIONS for Proposed improvements to US
158/NC 34 from East of the Pasquotank River to the US 158/NC 34 split in Camden County,
Federal Aid Project No. STP-158(2), TIP R-2414A and R-2414B.
DWQ Project No. 20081602 v.2
WQC No. 003774
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 003774 issued to The North Carolina Department
of Transportation dated December 18, 2008 and the corresponding correction issued June 1, 2009.
If we can be of further assistance, do not hesitate to contact us.
Xincere Sullins
irector
D
Attachments
cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Jerry Jennings, PE, Division 1 Engineer
Clay Willis, Division 1 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham, Division of Coastal Management
Garcy Ward, DWQ Washington Regional Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd, Ste 250., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr,state.nc.uslncwetlands/
arolina
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Nyrally
An Equal Opportunity 1 AI(irmalive Action Employer
Applicant:
Page 2 of 5
Date:
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act 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. This certification authorized the NCDOT to impact 2.38 acres of
jurisdictional wetlands (a net increase of 0.31 acres) in Camden County. This certification does not
authorize any further impacts to streams other than those approved in the original certification dated
December 18, 2008. The project shall be constructed pursuant to the modification dated received May 27,
2010. The authorized impacts are as described below:
Wetland Impacts in the Pasquotank River Basin
R-2414A
ORIGINAL IMPACTS APPROVED
Total
Fill Excavati Mechanized Hand
Fill Wetland
Site Station (temporary) on Clearing Clearing
(ac) Impact
(ac) (ac) (ac) (ac)*
ac
1 7+00 -L- 0.01 0 0 0 0.19 0.20
2 10+75 -L- LT 0 0 0 0 0.07 0.07
3 12+30 -L- RT 0.01 0 0 0 0.18 0.19
4 13+80 - 14+63 -L- 0.03 0 0 0 0.34 0.37
5 15+60 - 15+75 -L- LT 0.01 0 0 0 0.07 0.08
6 16+62 - 18+17 -L- RT 0.02 0 0 0 2.00 2.02
7 16+79 - 23+30 -L- LT 0.12 0 0 0 0.54 0.66
8 20+16 - 43+00 -L- RT 1.46 0 0 0 1.96 3.42
9 24+50 - 25+12 -L- LT 0.01 0 0 0 0.04 0.05
10 25+90 - 42+90 -L- LT 0.18 0 0 0 4.08 4.26
11 43+10-L- 0 0 0 0 0.01 0.01
TOTAL: 1.85 0.00 0.00 0.00 9.48 11.33
IMPACTS APPROVED WITH THIS MODIFICATION
Fill Excavati Mechanized Hand Total
Fill Wetland
Site Station (temporary) on Clearing Clearing
(ac) * Impact
(ac) (ac) (ac) (ac)

1 7+00 -L- 0.01 0 0 0 0.19 0.20
2 10+75 -L- LT 0 0 0 0 0.07 0.07
3 12+30 -L- RT 0.01 0 0 0 0.18 0.19
i
Applicant:
Page 4 of 5
Date:
-0.20 0.00 -0.04 0.00 0.00 -0.24
DIFFERENCE:
TOTAL PERMITTED IMPACTS FOR PROJECT
TOTAL FOR R- 2.40 0.00 0.00 0.00 8.93 11.33
2414A:
TOTAL FOR R- 2.21 0.00 0.06 0.00 0.95 3.22
1414B:
PROJECT
>< 4.61
I 0.00 70.06 0.00 9.88
I 14.55
TOTAL:
# Totals include areas to be hand cleared for utility relocations
Total Wetland Impact for Project: 14.55 acres.
Additional Impacts Requiring Mitigation: 0.31 acres
The application provides adequate assurance that the discharge of fill material into the waters of
the Pasquotank 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 May 27, 2010. All the authorized activities and conditions of certification associated with
the original Water Quality Certification dated December 18, 2008, as well as the correction letter dated
June 1, 2009, 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 150 linear feet, respectively, additional compensatory mitigation may be
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. All other conditions written into previous Water Quality Certifications issued December 18,
2008 and the correction letter dated June 1, 2009 for this project still apply.
2. Compensatory mitigation for impacts to 0.31 acres riparian wetlands is required. We understand
that you have chosen to perform compensatory mitigation for impacts to wetlands through the
North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to
implement the mitigation for the project. EEP has indicated in a letter dated May 25, 2010 that
they will assume responsibility for satisfying the federal Clean Water Act compensatory
mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA
signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004
Applicant:
ti Page 5 of 5
Date:
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 28th day of June 2010
DIVISION OF WATER QUALITY
r
WQC No. 003774 ,?,,Coleen H. Sullins
Director