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HomeMy WebLinkAbout20080356 Ver 4_Approval Letter_20101028WPA --- 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.` ; % 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 File Copy