20111075 Ver 1_Approval Letter_20120913

A �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
September 13 2012
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 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to U S 158 from Murfreesboro Bypass to
U S 13 west of Winton in Hertford County State Project No 6 079007T TIP R 2583
NCDWQ Project No 20111075 v 2
Dear Dr Thorpe
Attached hereto is a modification of Certification No WQC003875 issued to The North Carolina Department of
Transportation (NCDOT) dated January 19 2012
if we can be of further assistance do not hesitate to contact us
Sincerely
7
Charles Wakild
Director
Attachments
cc Bill Biddlecome US Army Corps of Engineers Washington Field Office (electronic copy only)
Jerry Jennings PE Division 1 Engineer
Clay Willis Division i 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 (electronic copy only)
Garcy Ward NCDWQ Washington Regional Office (electronic copy only)
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 ncwaterguality orq
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
NorthCarohna
Awmally

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 07 acres of
Jurisdictional riparian wetlands at Site 1 for the purposes of hand clearing The modification request also
includes a reduction in temporary impacts to Jurisdictional wetlands at Site 1 of 10 feet Total temporary
impacts at Site 1 now equal 0 07 acres total project impacts to jurisdictional wetlands equal 5 33 acres Temporary
impacts to jurisdictional streams at Site I now total 84 linear feet total project impacts to jurisdictional streams are
2 044 linear feet The project shall be constructed pursuant to the modification dated received September 13 2012
The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 September 13 2012 All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated January 19 2012 and the correction letter dated May 30 2012 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 Add Project Specific Conditions This modification is applicable only to the additional proposed
activities All of the authorized activities and conditions of certification associated with the original Water
Quality Certification dated January 19 2012 and the subsequent correction letter 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 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
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 13th day of September 2012
DIVISI OF WATER QUALITY
Charles Wakild
Director
WQC No 003875