20190188 Ver 3_Approval Letter_20211005

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ROY COOPER •
g o1
Governor C 1,
ELIZABETH S.BISER ` �2�
Secretory r
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 5, 2021
DWR#20190188 ver.3
Johnston County
Mr. Kevin Bowen, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
Subject: MODIFICATION of APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
NCDOT TIP#W-5600, US Hwy 70,Johnston County, Neuse Basin
Dear Mr. Bowen:
You have our approval for the additional impacts listed below for the purpose described in your
modification application dated October 3, 2021. These additional impacts are covered by the attached
Water Quality General Certification Number 4135 and the conditions listed below. This certification is
associated with the use of Regional General Permit 31 once it is issued to you by the U.S.Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the general certification and to the conditions listed
below.
The following additional impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Additional Site 6 Wetland Impacts in the Neuse River Basin
Site Permanent Fill Excavation Mechanized Clearing Hand Clearing Total Wetland Impact
(ac) (ac) (ac) (ac) (ac)
6 0 0 0.46 0 0.46
Additional
Original 4.20 0.22 1.41 0.48 6.31
Total
New Total 4.20 0.22 1.87 0.48 6.77
New Total Wetland Impact for Project: 6.77 acres.
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DocuSign Envelope ID:52CBEECA-6FE4-41D0-907D-B47130E02DEE
This approval is for the purpose and design described in your application and modification request.The
plans and specifications for this project are incorporated by reference as part of this Certification. If you
change your project,you must notify the Division and you may be required to submit a new application
package with the appropriate fee. If the property is sold,the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions below, you must notify the DWR Transportation
Permitting Branch within 24 hours(or the next business day if a weekend or holiday)from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Transportation Permitting Branch any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday)from the time the permittee became aware of the non-compliance
circumstances.
Additional Conditions:
1. Compensatory mitigation for additional impacts to 0.46 acres of wetlands is required. We
understand that you have chosen to perform compensatory mitigation via debit of credits to two of
NCDOT's On-site mitigation banks, as stated in your application. From the Jeffrey's Warehouse
Mitigation Bank(ONEID 096-003), NCDOT will debit 0.44 acres of wetland mitigation. From the Benson
Grove Mitigation Bank(ONEID 051-003), NCDOT will debit 0.02 acres of wetland mitigation. NCDOT
shall record these debits in the on-site mitigation ledgers to comply with this condition.
2. As stated in the modification request, and agreed to at the agency review on-site meeting of Site 6 on
September 1, 2021,the wetland areas impacted by temporary clearing shall be stabilized and reseeded
with native wetland seed.The area should be visually monitored for the duration of project
construction, and supplemented with additional seed as necessary to reestablish vegetation. [15A NCAC
2H0506(b)]
3. The outside buffer,wetland or water boundary located within the construction corridor approved by
this authorization, including all non-commercial borrow and waste sites associated with the project,
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. [15A NCAC 02H.0501
and .0502]
4. All other conditions in the previous Water Quality Certification for this project, issued December 2,
2020, still apply.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Please be aware
that by having impacted waters without first applying for and securing the issuance of a 401 Water
Quality Certification,you have violated Title 15A of the North Carolina Administrative Code (NCAC)
2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water
Act whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any
person desiring issuance of the State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina
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DocuSign Envelope ID:52CBEECA-6FE4-41D0-907D-B47130E02DEE
Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are
subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed
at http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Rob Ridings at [e-mail] if you have any questions or
concerns.
Sincerely,
,-DocuSigned by:
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Division of Water Resources
cc:
Tom Steffens, USACE Washington Regulatory Field Office
Byron Bateman, Division 4 Environmental Officer
Jason Elliott, NCDOT, Natural Environment Section
File Copy
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