20140914 Ver 2_Approval Letter_20150616

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� NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 16, 2015
T.M. Little, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
Donald R. van der Vaart
Secretary
Subject: MODIFICATION to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed irriprovements to
US 70 Interchanges with Bus 70/SR 2308 and SR 2310 in Johnston County, Federal Aid Project No. STP-
NHS-0070(117), State Project No. 41871.1.1, TIP No. W-5107.
NCDWR Project No. 20140914 version 2.
Dear Mr. Little:
Attached hereto is a modification of Certification No. 4006 issued to The North Carolina Department of
Transportation (NCDOT) originally dated October 23, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
_ � �� �
S. Ja Zimmerman, P.G.
Director, Division of Water Resources
Attachments
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chad Coggins, Division 4 Environmental Officer
Beth Harrrion, Ecosystem Enhancement Program
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Action Employer

MODIFICATION to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES 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 and l5A NCAC 2B .0233. This certification authorizes the NCDOT to impact 43 acres of
jurisdictional wetlands, 1741 linear feet of jurisdictional streams and 137231 square feet of protected riparian
buffers in Johnston County. The project shall be constructed pursuant to the application dated received August 21,
2014 and modification received June 10, 2015. The additional authorized impacts are as described below:
Site Permanent
Fill (ac)
8 0.72
Total � 0.72
Additional Wetland Im acts in the Neuse River Basin
Excavation Utility Impact Mechanized Hand Total Wetland
(ac) (ac) Clearing Clearing (ac) [mpact (ac)
' (ac)
0
0.14
0.14
0.09
0.09
0.95
0.95
Total Additional Wetland Impact for Project: 0.95 acres. -
Wetland Impacts
Requiring
M itigation (ac) �
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Qualify
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 application dated August 20, 2014.
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. [f 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 1 SA NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0242(9). 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. Compensatory mitigation for impacts to an additional 0.86 acres of riparian wetlands is required. We understand
that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina
Division of Mitigation Services, and that they has agreed to implement the mitigation for the project. The Division
of Mitigation Services has indicated in a letter dated June 9, 2015 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance
with the Division of �itigaiion Service's Mitigation Banking Instrument signed July 28, 2010.
2. All other conditions in the Original 401 Certification dated October 23, 2014 for this project still apply.
0.86
0.86

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 Federa1404 and/or Coasfal Area Management Act Permit. This Certification sha(I 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 S: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: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 16th day of June 2015
DIVISION OF WATER RESOURCES
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S. Jay Zimmerman, P.G.
Director, Division of Water Resources
WQC No. 4006