20081106 Ver 4_Approval Letter_20190918

DocuSign Envelope ID: 37871 F2E-C4E9-458D-AB64-3E01 E9EC5E88
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
September 18, 2019
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 SR 1923 extension
in Johnston County, Federal Aid Project No.STP-1923(2), State Project No. 8.3212101,
TIP No. U-3334B.
NCDWR Project No. 20081106 ver. 4.
Dear Mr. Keeter:
Attached hereto is a Modification of Certification No. 3760 issued to The North Carolina Department of
Transportation (NCDOT) originally dated October 8, 2009 (and modified July 22, 2009 & October 30, 2017).
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
E44p"�
12DCD474
Linda Culpepper, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chad Coggins, Division 4 Environmental Officer
Beth Harmon, NC Division of Mitigation Services
File Copy
D Q
�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CARouNI,
U.Paro "MmdmnMMOUrRY /"� 919.707.9000

DocuSign Envelope ID: 37871 F2E-C4E9-458D-AB64-3E01 E9EC5E88
Modification to 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.0233. This certification modification authorizes the NCDOT to impact
an additional 0.20 acres of jurisdictional wetlands in Johnston County. The project shall be constructed pursuant to
the modification application received September 13, 2019. The authorized additional impacts are as described
below:
Additional U-3334B Wetland Impacts in the Neuse River Basin
Site
Permanent Fill (ac)
Mechanized Clearing (ac)
Total Additional Wetland Impact (ac)
1
0.09
0.11
0.20
Total Additional Wetland Impact for Project: 0.20 acres.
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 modification application dated
received September 13, 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 addition impacts to 4.11 acres of non -riparian wetlands is required. We understand
that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina
Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the
mitigation for the project. DMS has indicated in a letter dated September 11, 2019 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -
referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010.
2. All other conditions in the previous versions of this certification dating October 8, 2008, July 22, 2009, and
October 30, 2017 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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.

DocuSign Envelope ID: 37871 F2E-C4E9-458D-AB64-3E01 E9EC5E88
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:OOam and 5:OOpm, 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 18th day of September 2019
DIVISION OF WATER RESOURCES
DOCUSigned by:
44PWI Q
9C9866312DCD474...
Linda Culpepper, Director
WQC No. 3760

DocuSign Envelope ID: 37871 F2E-C4E9-458D-AB64-3E01 E9EC5E88
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.

DocuSign Envelope ID: 37871 F2E-C4E9-458D-AB64-3E01 E9EC5E88
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date