19990413 Ver 1_Approval Letter_20071219

F WgTF Michael F. Easley, Governor
~ Q , ~ William G. Ross Jr., Secretary
`OCR ~'a QG North Carolina Department of Environment and Natural Resources
Uj ~ Coleen Sullins, Director
} ~ Division of Water Quality
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December 19, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed construction of US 117 from Wilson to Goldsboro,
Wayne and Wilson Counties, Federal Aid Project No.DPR-00739(002), State Project No.8.1330502,
TIP R-1030, DWQ Project No. 19990413 v.2
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3293 issued to The North Carolina Department of
Transportation dated June 23, 2000. This modification is applicable only to the additional proposed activities. All
the authorized activities and conditions of certification associated with the original Water Quality Certification dated
June 23, 2000 and subsequent modifications still apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,

Coleen Sullins,
Director
Attachments
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Chad Goggins, Division 4 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Ecosystem Enhancement Program
LeiLani Paugh, NCDOT Natural Environment Unit
File Copy
N~o°e~Carolina
Transportation Permitting Unit ~ ~"tura~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled/10% Post Consumer Paper

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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 (DWQ) Regulations in 15
NCAC 2H .0500. The project shall be constructed pursuant to the modification dated received December 3, 2007.
This modification only addresses the certification conditions and no new jurisdictional impacts are authorized.
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 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 December 3, 2007. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated June 23, 2000 still apply except where superseded by this certification. Should
your project change, you are required to notify the DWQ 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 1501inear feet, respectively, additional compensatory mitigation maybe 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. Total off-site stream mitigation for this project shall tota13,3801inear feet of stream restoration in the Neuse
River Basin. We understand that a113,380 linear feet of stream mitigation will be debited from the Wiggins Mills
Mitigation Site, and none will be debited from other mitigation sites for this project. This condition supersedes
condition #6 of the original certification dated June 23, 2000.
2. All other conditions written into previous Water Quality Certifications for this project still apply.
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 Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or LAMA permit.
N~~o e~~~Carolina
Transportation Permitting Unit ~/V![E1lCll~~j~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper

~,r V~1ft r~`'~ William G. Ross Jr., Secretary
~~, ~ (~ North Carolina Department of Environment and Natural Resources
g„ G~, Coleen Sullins, Director
~ r' Division of Water Quality
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If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have
the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This the 19th day of December 2007
DIVISION OF WATER QUALITY
Colee Sullins
Director
WQC No. 3293
No°e Carolina
Transportation Permitting Unit " ' ""~uCa~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:!lh2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper