20090570 Ver 1_Approval Letter_20090824

f?w
NNCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 24, 2009
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: MODIFICATION of 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 Goldsboro Bypass in Wayne County, Federal Aid Project No. F-56-2(28), State Project No.
8.T330801, TIP No. R-2554BA. NCDWQ Project No. 20080570 ver.2.
Dear Dr. Thorpe:
Attached hereto is a copy of a modification to Certification No. 3740 issued to The North Carolina Department of
Transportation (NCDOT) dated May 16, 2008.
If we can be of further assistance, do not hesitate to contact us.
rely,
oleen H. Sullins
Director
Attachments
cc: William Wescott, US Army Corps of Engineers, Washington Field Office
Chris Manley, NCDOT NEU
Chad Coggins, Division 4 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
LeiLarti Paugh, NCDOT, NEU
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.encstate.nc.uslncwetlandsl
One
NorthCarolina
Naturally
An Eoual opportunity \ Affirmative Action Employer
Modification 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 (NCDWQ) Regulations in
15 NCAC 2H.0500 and 15A NCAC 213.0233. This certification modification authorizes the NCDOT to impact an
additional 140 linear feet of jurisdictional streams in Wayne County. The project shall be constructed pursuant to
the modification request dated received August 21, 2009. The new authorized impacts are as described below:
Additional Section BA Stream Impacts in the Neuse River Basin
Site Loss of Hydrology to Intermittent Stream
linear ft On-Site Creation of Intermittent
Stream linear ft
10 0 273
I1-A 140 0
Total 140 273
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 application dated received March
28, 2008 and modification request dated received August 21, 2009. Should your project change, you are required to
notify the NCDWQ 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 211 .0506 (h) (6)
and (7). Additional buffer impacts may require compensatory mitigation as described in 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. The onsite stream creation shall be constructed in accordance with the design submitted in your August 21, 2009
application. This on-site mitigation site shall be protected in perpetuity within NCDOT's Right-of-Way, and recorded
in the NCDOT Natural Environment Unit mitigation geodatabase. Please be reminded that as-builts for the completed
streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for
the rest of the project. All channel creations shall be constructed in a dry work area, will be completed and stabilized,
and must be approved on site by NCDWQ staff, prior to diverting water into the new channel. Whenever possible,
channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have native
wooded buffer planted on both sides of the stream unless otherwise authorized by this Certification. A transitional
phase incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is allowable.
2. All other conditions written into the previous Water Quality Certification for this project still apply.
3. 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 16, 2008 still apply
except where superceded by this 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. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
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 24 h day of August 2009
DIVISION OF WATER QUALITY
I?LGI-
Coleen H. Sullins
Director
WQC No. 3740