20140914 Ver 3_Approval Letter_20190723

DocuSign Envelope ID: A3DDOC2C-4B6B-4608-833A-FE7FE12ECC61
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ronnie Keeter, PE, Division Engineer
NCDOT Division 4
PO Box 3165
Wilson, NC 27895
NORTH CAROLINA
Environmental Quality
July 23, 2019
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE
BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed improvements 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 ver. 3
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 4006 issued to The North Carolina Department of
Transportation (NCDOT) dated July 23, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
Lm a�FMR7,40irector
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 Harmon, Division of Mitigation Services
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Noana GwauNn �
919.707.9000

DocuSign Envelope ID: A3DDOC2C-4B6B-4608-833A-FE7FE12ECC61
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 Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and 15A NCAC 2B.0259. This certification authorizes the NCDOT to impact 4.3 acres of
jurisdictional wetlands, 1741_linear feet of jurisdictional streams and 137713 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 requests dated June 10, 2015 and July 23, 2019. The authorized additional Buffer impacts
are as described below:
Stream Impacts in Neuse Basin at site W-5107A:
Temporary Dewatering of Perennial Stream: 134 linear feet
Neuse Riparian Buffer Impacts at site W-5107A:
Zone 1 Already Permitted & Mitigated: 1538 square feet
Zone 2 Already Permitted & Mitigated: 1234 square feet
*Total Neuse Buffer Already Permitted & Mitigated: 2772 square feet
Zone 1 Buffer Temporary Clearing & On -Site Replacement: 4430 square feet
Zone 2 Buffer Temporary Clearing & On -Site Replacement: 2267 square feet
*Total Neuse Buffer Temporary Clearing & On -Site Replacement: 6699 square feet
Additional Zone 1 Mitigable Buffer Impact Approved: 482 square feet.
Times 3 Mitigation Multiplier: 1446 square feet mitigation required.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 modification received July 23,
2019. 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. 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). Additional 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.
Conditions of Certification:
1. Compensatory mitigation for impacts to 482 square feet of protected riparian buffers in Zone 1 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for
unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance
with 15A NCAC .02B .0295. The DMS has indicated in a letter dated July 10, 2019 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above -referenced project, in
accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.

DocuSign Envelope ID: A3DDOC2C-4B6B-4608-833A-FE7FE12ECC61
2. In accordance with 15A NCAC 2B.0295 riparian vegetation reestablishment for the temporary Riparian Buffer
clearing and on -site replacement site shall include a minimum of at least 2 native hardwood tree species planted at a
density sufficient to provide 320 trees per acre at maturity. All on -site mitigation sites shall be protected in perpetuity
by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural
Environment Unit mitigation geodatabase.
3. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [ 15A NCAC 02H.0506(b)(2)]
4. All other conditions in previous versions of this Water Quality Certification for this project dated October 23,
2014 and June 16, 2015, 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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall 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 8:00am and 5:00pm, 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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 23rd day of July 2019
DIVISION OF WATER RESOURCES
Enned by:
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9C9886312DCD474...
Linda Culpepper, Director
WQC No. 4006