20120240 Ver 4_Approval Letter_20130318

L A
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
March 18, 2013
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
with ADDITIONAL CONDITIONS for Proposed improvements to NC 24 from 2.8 miles east of I -95 in
Cumberland County to I -40 in Sampson County, Federal Aid Project No. STPNHF -F -8- 2(17), WBS No.
34416.1.1, TIP R -2303A
NCDWQ Project No. 20120240 v.4
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3942 issued to The North Carolina Department of
Transportation (NCDOT) dated September 24, 2012 and modification issued February 25, 2013.
If we can be of further assistance, do not hesitate to contact us.
S' cerely,
C arles akild
Director
Attachments
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office (electronic copy only)
Greg Burns, PE, Division 6 Engineer
Jim Rerko, Division 6 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Roadside Environmental Unit
Jim Stanfill, Ecosystem Enhancement Program
Sonia Carrillo, NCDWQ Central Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterouality.oro
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallb,

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 ( NCDWQ) Regulations in
15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 0.19 acres of jurisdictional
wetlands in Cumberland County. The project shall be constructed pursuant to the modification dated received
March 13, 2013 and revisions received on March 18, 2013. The authorized impacts are as described below:
Wetland Impacts in the Cape Fear River Basin
Site
Station
Wetland
Type*
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
ac
Total
Wetland
Impact (ac)
R -2303A Utilities
U -21
168 +00 -L -RT
NR
0
0
0
0
0.11
0.11
U -34
322 +00 -L -LT
R
0
0
0
0
0.01
0.01
U -35
322 +50 -L -RT
R
0
0
0
0
0.05
0.05
U -36
348 +75 -L -RT
NR
0
0
0
0
0.02
0.02
Total
0
0
0
0
0.19
0.19
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 March 13, 2013 and revisions received on March 18, 2013. All the authorized activities and conditions of
certification associated with the original Water Quality Certification dated September 24, 2012 and modification
issued February 25, 2013 still apply except where superceded by this certification. Should your project change, you
are required to notify 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed utility relocation activities. All of the
authorized activities and conditions of certification associated with the original Water Quality
Certification dated September, 24, 2012 and subsequent modification dated February 15, 2013 still apply
except where superceded 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 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:OOam 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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 18th day of March 2013
DIVISION OF WATER QUALITY
arles Wakild
Director
WQC No. 3942