20120296 Ver 5_Approval Letter_20141007

AT;
NCDENR
North Carolina Department of Environment and Natural'Resources
Pat McCrory
Governor
October 7, 2014
Mr. Clay Willis
Division Environmental Officer, NCDOT, Division 1
113 Airport Road
Edenton, NC 27932
John E. Skvarla, III
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for the Proposed Widening of US 13/U.S 158 from US 158/NC
45 near Winton to the US 158 Bypass in Tarheel in Hertford and Gates Counties, TIP R- 2507A.
NCDWQ Project No. 20120296v5
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, with previous modifications dated September 13, 2012 (correction
letter), December 3, 2012, November 18, 2013, and May 23, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
V '/'y�041-11
omas A. Reeder
Division of Water Resources
Attachments
cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office (electronic copy only)
Jerry Jennings, PE, Division 1 Engineer (electronic copy only)
Dr. Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Cathy Brittingham, Division of Coastal Management (electronic copy only)
Greg Daisey, Division of Coastal Management (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Garcy Ward, NCDWR Washington Regional Office (electronic copy only)
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location. 512 N Salisbury St. Raleigh, North Carolina 27604
Phone, 919 - 807 -63001 FAX [phone]
Internet www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Natura!!tf

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 Resources ( NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additional 0.15 acres of jurisdictional
wetlands in,Gates County. The project shall be constructed pursuant to the modification dated received September
11, 2014.
This modification authorizes an additional 0.11 acres of fill and 0.04 acres of mechanized clearing (a total of
0.15 additional acres of impacts) at Site 5 for the purposes of constructing a reinforced soil slope (RSS).
This modification does not authorize any additional stream impacts.
With this modification, total impacts for the project are:
- Permanent Fill: 18.08 acres
- Temporary Fill: 0.04 acres
- Excavation: 0.11 acres
- Mechanized Clearing: 2.28 acres
- Hand Clearing: 1.65acres
- TOTAL WETLAND IMPACTS: 22.16acres* (20.47 acres requiring mitigation)
- TOTAL STREAM IMPACTS: 278 linear feet (163 linear feet requiring mitigation)
* Total wetland impacts were incorrectly stated as 22.11 acres in version 2 and should have been 22 01 acres. No additional impacts
were authorized in version 3; version 4 wetland impacts totaled 256 square feet
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 11, 2014. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated May 24, 2012, with previous modifications dated September 13, 2012,
December 3, 2012, November 18, 2013, and May 23, 2014 still apply except where superseded 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.
Conditions 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 September 13, 2012, December 3, 2012, November 18, 2013 and May
23, 2014still apply except where superseded by this certification.
2. Compensatory mitigation for impacts to 0.15 acres of wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands 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 September 30, 2014 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced
project, in accordance with EEP's Mitigation Banking Instrument signed July 28, 2010.

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,bf 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. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 7th day of October 2014
DIVISION OF WATER RESOURCES
Thomas A. Reeder, Di►�ctor
Division of Water Resources
WQC No. 003918