20141169 Ver 9_Approval Letter_20180905

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September 5, 2018
Mr. Philip 5. Harris, II1, P.E., CPM
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Sobjecr. Modification to the 401 Water Quality Ceni(ication Pursuant to Section 40I of the Federal Clean Water
Act and NEUSE BUFPER RULES with ADDITIONAL CONDITIONS for proposed improvements ro
US 17 from south of Bel�rade at SR 1330/SR 1439 to the New Bem Bypass in Onslow, lones, and Craven
Counties County, TIP R-?514 B, C, & D.
NCDWR Praject No. ?0141169 v. 9
Dear Mc Harris:
Attached hereto is a moditication of Certification No. 004012 issued to The North Carolina Department of
Transportation (NCDOT) dated March 2, 2015 and modifica[ions dated August 4, 2015, January 27, 2016,
September 26, 2016, February 20. ?017, May 2. 2107. June 13. 2107 and October 16. 2017.
If we can be of further assistance, do not hesitate to contact us.
r Sincerely, �
1 �f�.� �
� �('� P � 4�(;
Lm Culpepper, lnterim Director
Division of Water Resources
Attachments
Electronic copy only distribulion:
Tom Sreffens, US Army Corps of Engineers, Washingron Field Ot7ice
Jay Johnson, Division 2 Environmental Officer
Colin Mellor. NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
S[ephen Lane, NC Division of Coastal Management
Cathy Brittingham, NC Division of Coastal Management
Be[h Harmon, Division of Miti�ation Services
Garcy Ward, NC Division of Water Resources. Washington Re�ional Office
File Copy
Modificatipn to the a01 Water Quali[y Certifica[ion Pursuant ro Section 401 of the Federal Clean Wa[er Act
and NEUSE BUFFER RULES, eith ADDITIONAL CONDITIONS
,..._,.�_. � Q�,�
North Carolina Department of Environmen[al Qualrty I Division of Water Resowces
512 North Salisbury Street I 1617 Mail Service Center � Raleigh. North Carolina 27699-1617
919.707.9000

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 15A NCAC 2B.0233. This certifcation authorizes the NCDOT to impact an additional
152 linear feet of jurisdictional stream and 8,785 square feet of riparian buffer in R-2514, section D in Craven
County. The project shall be constructed pursuant to the modification dated received July 13, 2018. The authorized
impacts are as described below:
Section D Stream Im acts in the Neuse �River Basin
Site Permanent Fill Temporary Fill Total
�1� ��fl �1�
Original approved impacts at 234 31 265
Site 1
New additional impacts with 143 9 152
this approval at Site 1
Total 377 40 417
Site Buffer Zone 1 Buffer Zone Total
(sq ft) (sq ft) (sq ft)
Original approved impacts at 18,124 11,612 29,736
Site 1 �
New additional impacts with 5,306 3,479 8,785
this approval at Site 1
Total 23,430 15,091 3 8,521
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 July 13, 2018. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated March 2, 2017 and modifications dated August 4, 2015, January 27, 2016,
September 26, 2016, February 20, 2017, May 2, 2017, June 13, 2017, and October 16, 2017 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 properiy 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). Additiopal buffer
impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. 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(s) of Certification:

I. This modification is applicable only to [he addi[ional proposed activities at Site I of Section D. All of [he
au[horized activities and conditions of certification associated with the ori�inal Water Quality
Certilication dated March 2, 2015 and subsequen[ moditications dated Augus[ 4. 201 �, January 27, 2016,
Seprember 26, 2016, February 20, 2017, May 2, 2017, June 13, 2017, and October 16, ?017 still apply
except where supzrsaded by this cettitication.
2. The stream at Sire I, Section D is dassified as inrermittent. The Division of Water Resources (DWR) no
longer requires mitieation for intermittent streams, therefore DWR will not require additional stream
mitigation for the proposed impacts. This does not exempt the Permittee from complyin� with any other
mitigation requirements that may be imposed by odier �overnment aaencies (i.e, local, state, and federal)
havingjurisdiction.
3. The additional proposed bufler impacts are listed as allowable in the table of uses [( I SA NCAC 2B.0233
(6)]. Therefore, additional buffer mitigation is not required.
-0. A copy of this Water Quality Certitication shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with ihe Division
Engineer and ihe on-site project mana�ec [ISA NC�AC 02H .0507(c) and ISA NCAC 02H .0506 (b)(2) and
(�)(�)l
Violations of any condition herein set forth may result in revocation of this Certificatio� and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
condi[ions of [he Federal 404 and/or Coas[al Area Managemen[ Ac[ Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statemen[ in [he attached Certification you must file a petition for an adminis[rative
hearing. You may obtain [he pe[ition form from the otiice of Adminisha[ive hearings. You must tile the pe[ition
with [he office of Adminis[rative Hearings within sixry (60) days of reeeipt of this no[ice. A peti[ion is eonsiderec
filed when it is received in the office of Administrative Hearings during normal otiice hours. The Otiice of
Administrative Hearings accepts filings Monday through Friday between [he hours of 8:OOam and �:OOpm, excep[
for offlcial state holidays. The original and one (1) copy of the pe[ition mus[ be filed with the Office of
Administrative Hearin�s.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administra[ive Hearings within five (>) business days following the faxed transmission.
The mailing address for the Office of Adminis[ra[ive Hearings is:
Office ofAdministrative Hearin�s
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served oo DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
1'his the Sth day of Seprember, 2018
DIVISION OF WATER RESOURCES
�.� � ��-�-- -�,�
Lin Culpepper, !n erim Director
Division of Water Resources
WQC No. 004012