20120073 Ver 2_Approval Letter_20120813

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E
Governor Director
August 13 2012
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina, 27699 1548
Dee Freeman
Secretary
Subject MODIFICATION to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to US 501 North in Person County
Federal Aid Project No STP 501(1) State Project No 34406 2 3 TIP No R 2241A
NCDWQ Project No 20120073 version 2
Dear Dr Thorpe
Attached hereto is a modification of Certification No 3910 issued to The North Carolina Department of
Transportation ( NCDOT) dated March 23 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
Charles Wakild
Director
Attachments
cc Eric Alsmeyer US Army Corps of Engineers Raleigh Field Office
Chris Murray Division 5 Environmental Officer
Beth Harmon Ecosystem Enhancement Program
Rachelle Beauregard NCDOT Natural Environment Unit
File Copy
Transportation and Permitting Unit
1650 Mad Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone]
Internet www ncwatemuality ora
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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MODIFICATION to 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 ( NCDWQ) Regulations
This certification authorizes the NCDOT to impact 2 39 acres of jurisdictional wetlands and 4 310 linear feet of
jurisdictional streams in Person County The project shall be constructed pursuant to the application dated received
January 26 2012 The authorized impacts are as described below
Additional (or Decrease) to Stream Impacts in the Roanoke River Basin
Site
Permanent
Fill in
Intermittent
Stream
linear ft
Temporary
Impacts to
Intermittent
Stream
linear ft
Riprap
Stabilization to
Intermittent
Stream
linear ft
Permanent
Fill in
Perennial
Stream
linear ft
Temporary
Impacts to
Perennial
Stream
linear ft
Riprap
Stabilization
to Perennial
Stream
linear ft
Total
Stream
Impact
(linear ft)
Stream
Impacts
Requiring
Mitigation
linear ft
1
0
0
0
0
+2
0
+2
0
6
0
10
+7
0
0
0
3
0
11
0
0
0
0
17
+16
1
+16
17
0
0
0
2
39
+31
10
+29
18
0
0
0
10
22
+32
0
+22
Total
0
10
+ 7
12
76
+79
14
+67
Total Additional Stream Impact for Project 14 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the Roanoke 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 January
26 2012 and modification request received August 2 2012 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) 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 3 626 linear feet of impact to streams in the Roanoke River Basin is now required
We understand that you have chosen to perform compensatory mitigation for impacts to streams 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 January 17 2012 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with
the EEP Mitigation Banking Instrument signed July 28 2010
2 All other conditions in the first version of this Certification dated April 5 2012 for this project still apply

Violations of any condition herem 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 you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This the 13th day of August 2012
DIVISION OF WATER QUALITY
�Iv- Charles Wakild
Director
WQC No 3910
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