20120296 Ver 3_Approval Letter_20131118

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
November 18, 2013
Mr. Clay Willis
Division Environmental Officer, Division 1
North Carolina Department of Transportation
113 Airport Drive
Edenton, North Carolina, 27932
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the Proposed Widening of U.S. 13 /U.S 158 from U.S. 158/N.C. 45
near Winton to the U.S. 158 Bypass in Tarheel in Hertford and Gates Counties, TIP R- 2507A.
NCDWQ Project No. 201202960.
Dear Mr: Willis:
Attached hereto is a modification of Certification No. 003918 issued to The North Carolina Department of
Transportation (NCDOT) dated May 24, 2012.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
d� 66� ?1_1 -
Thomas A. Reeder
Attachments
cc: Tracy Wheeler, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy only)
Gary Jordan, US Fish and Wildlife Service (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 -1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet www.ncwaterguality.orn
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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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 install a temporary three bent trestle for the
installation of Bent 8. This area is associated with Site 5 in the original plan set. Other than pile installation, no
additional impacts to wetlands or streams will occur. The NCDOT and its contractors have requested,and received
permission to hand clear Site 5 with the initial certification (issued May 24, 2012). No new clearing or change in
clearing type is authorized with this certification; only the temporary installation of bents and structures associated
with the barge mooring as presented in the submitted plans. The project shall be constructed pursuant to the
modification dated received November 12, 2013.
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 November 12, 2013. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated May 24, 2013 and December 3, 2012 still apply except where superceded
by this certification. Should your project change, you are required to notify the NCDWR 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 of Certification:
1. 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 May 24, 2012
and subsequent modifications dated December 3, 2012 still apply except where superseded 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 5:00pm, 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 November 2013
DIVISION OF WATER RESOURCES
a
Thomas A. Reeder
WQC No. 003918