HomeMy WebLinkAbout20080356 Ver 4_Approval Letter_20101028WPA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen It. Sullins Dee Freeman
Govemor Director Secretary
October 28, 2010
Pitt County
DWQ Project No. 20080356 v.4
Bridges 127 and 129 on SR 1565
TIP B-3684
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO
BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe
You have our approval,,in accordance with the conditions' listed below, for the following impacts for the purpose of, i..,
replacing Bridge 127 over the.TarRiver:overflow.and Bridge 129 ovei the Tar River in Pitt County: ., ..?
won.,.,d tDr- iom 1--tc in thn Tn -Pn':nlirn nivnr nacin Annrnvrd with fl o, 0,tnhrr 11. 7009 Mndiflentinn
Site Fill
ac Temp. Fill
ac Excavation
+. ac • Mechanized
Clearing ac Hand Clearing
- ac Total Wetland
Impact ac
1 0.18 <0.01 0.07 0.26.
2 0.18 <0.01 0.07 0.26
3 0.50 .Ol 0.12 3.36 -0.62
4 0.19 0.05 0.03 0.24
5 0.01 0.03 0.04
6 0.01 0.01 <0.01 0.02
Total 1.07 0.01 0:01 0.35 3.4 1.44 .
Total Wetland Impact for Project: 1:43 acres (excludes temporary impacts including hand clearing)
m..a....d in:......, e1 rm .. .., rho •r_ _o.... u- P:.r . R, .. Ao od .drh chic nl ndinrnfin
Site Fill
ac Temp. Fill
ac Excavation
ac Mechanized
Clearing ac Hand Clearing
ac Total Wetland
Impact ac
1 0.18 <0.01 0.07 0.26
2 0.18 <0.01 0.07 0.26
3 0.50 .01 0.12 3.51 0.62
4 0.19 0.05 0.03 0.24
5 0.01 0.03 0.04
6 0.01 0.01 <0.01 0.02
Modified
Total 1.07 0.01 0.01 0.35 3.55 1.44
Difference 0 0 0 0 +0.15 0
Total Wetland Impact for Project: 1.43 acres (excludes temporary impacts including nand clearing)
North Carolina Division of Water Quality Internet: vw,v,ncv aterqualitv.ore
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer-50 %Recycled110%Post Consumer Paper
Page 2 of 4
Tar-Pamlico Riparian Buffer Impacts A roved with the October 13, 2009 Modification
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impac Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
t (sq in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
ft) (sq ft) (sq ft) (using 3:1 ratio) ? (sq ft) wetlands) 1.5:1 ratio)
s ft
1 7 1 4649 4571 78 n/a 2089 2045 44 n/a
1 8 1 4151 4148 3 n/a 3333 3266 67 n/a
1 9 1585 0 1585 'a 1586 0 1586 n/a
1 101 3119 3094 25 n/a 2045 2045 0 0
T otals 13,504 11,813 1,691 0 9,053 7,356 1,697 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 22,557 square feet.
Tar-Pamlico Riparian Buffer Impacts Approved with this Modification
Site Zone I minus = Zone 1 Zone 1 Buffer _ Zone 2 minus = Zone 2 Zone 2 Buffer
Impac Wetlands Buffers (not Mitigation `4 Impact Wetlands Buffers Mitigation
f (sq in Zone 1 wetlands) Required (sq ft) in Zone 2 (not -Required (using
" ;, ft) (sq ft) (sq ft) (using 3J ratio) `- (sq ft)' wetlands) 1.5:1 'ratio)
s f[
7 4649 4571 78 n/a 2089 2045 44 n a
8 ,. 4151 ,4148 3 ., ri/a; ', ". ; _. . 3333.._,: ' : "3266 67 : ri/a
J 9 1585 0 1585 6/a 1586: 0 .: 1586 n/a
10 7699 5143 2556" n/a' 3678 3342 836 t n/a '
btodified
T 18,084 13,862 4,222 0 10,686 8,653 2,033 „t8 t 0
uals
pitrerenee +4,580 +2,049 +2,531 n/a +1';633- +1,297 +336 n/a
ear feet oCimpact no inthgattori'requ?ced
* n/a Total for Site is less than 1/3 acre and 150Ini
Jy 'Dotal Buffer Impact for Project: 28.770 square feet. An increase of 6,21.3 square feet-
The project shall be constructed in accordance with yotir application dated received October 4, 2010. All the
authorized activities and conditions associated with the original Water Quality Certification dated April 25, 2008
and all subsequent modifications still apply except where superceded by this certification. After reviewing your,,.
application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3701,
3699 and 3688. These certifications correspond to the Nationwide Pemiits D, 12 and 33, respectively, issued by,the
Corps of Engineers. This approval is also valid for the Tar-Parritlico Riparian Buffer Rules (15A NCAC 213 .0259).
In addition, you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying,404 permit. -
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
,;.
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions associated with the original Water Quality Certification dated April 25, 2008 and subsequent
modifications still apply except where superceded by this certification.
Page 3 of 4
2. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)
and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law
is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and
modify this certification.
3. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ
when all work included in the 401 Certification has been completed. •
4. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the
Division Engineer and the on-site project manager. ,
.ry
t'
' I
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714-Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Wate'r'Quality under Section 401 of the Clean Water-Act. If youA
have any questions, please contact Garcy Ward at (252) 948-3922.` ;
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t ..: .. , rely,
` - for Col en Still s
Attachments (General Certification and Certificate of Completion form) .
cc: Wilmington US Army Corp District Office
Mr. Jay Johnson, Division 2 Environmental Officer
Mr. Tom Steffens, US Army Corps of Engineers, Was Field Office
Mr. Garcy Ward, DWQ, Washington Regional Office
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