20041760 Ver 7_Approval Letter_20071120

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
November 20, 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 and NEUSE BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed construction of US
70 Bypass in Johnston and Wake Counties, Federal Aid Project No. NHF-60-1(9), State Project No.
8.T311002, TIP No. R-2552. DWQ Project No. 20041760 v.7.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3496 issued to The North Carolina Department of
Transportation dated January 14, 2005 and modifications dated April 14, 2005, August 10, 2005, April 11, 2006 and
Apri14, 2007. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated January 14, 2005 and subsequent modifications still apply except where superseded by this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 Cotps of Engineers, Washington Field Office
Jamie Guerrero, Division 4 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Ecosystem Enhancement Program
Tyler Stanton, NCDOT PDEA
File Copy
N~one~Carolina
Transportation Permitting Unit /''HtuCa~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto:llh2o.enr.state.nc.uslncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
Re-issuance of 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 Quality (DWQ) Regulations in 15
NCAC 2H .0500 and 15A NCAC 2B.0233. This certification authorized the NCDOT to impact jurisdictional
wetlands, streams and protected riparian buffers in Johnston and Wake Counties. The project shall be constructed
pursuant to the modification dated received November 14, 2007.
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 November 14, 2006. All the authorized impacts, activities and conditions of certification associated with
the original Water Quality Certification dated January 14, 2005 and subsequent modifications dated April 14, 2005,
August 10, 2005, April 11, 2006 and Apri14, 2007 still apply except where superceded 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 404 Permit.
Conditions of Certification:
1. The original certification expiration date of January 14, 2008 is hereby extended. The expiration date for
this Water Quality Certification shall expired on the same day as the expiration date of the corresponding
Corps of Engineers 404 Permit.
2. All other conditions written into previous Water Quality Certifications and modifications for this project
still apply.
3. All jurisdictional impacts authorized in previous Water Quality Certifications and modifications for this
project remain authorized with this current version. Any change to any of these impacts would require an
application for modification to the Water Quality 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.
N~o°°~Carolina
Transportation Permitting Unit ~''kL~uCQ~~i/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http:/lh2o.enr.state.nc.uslncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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 20th day of November 2007
DIVISION OF WATER QUALITY
Coleen Sullins.
Director
WQC No. 3496
N~one~Cazolina
Transportation Permitting Unit. ~QtllC(lt'~1,~
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
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