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Home My WebLink About20120296 Ver 2_Approval Letter_20121203�� GA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director December 3 2012 Mr Clay Willis Division Environmental Officer Division 1 North Carolina Department of Transportation 1] 3 Airport Drive Edenton North Carolina 27932 Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the Proposed Widening of U S 131U S 158 from U S 1581N C 45 near Winton to the U S 158 Bypass in Tarheel in Hertford and Gates Counties TIP R 2507A NCDWQ Project No 20120296v2 Dear Dr Thorpe Attached hereto is a modification of Certification No 003918 issued to The North Carolina Department of Transportation (NCDOT) dated May 24 2012 If we can be of further assistance do not hesitate to contact us Sincerely Charle Wakild Director Attachments cc Bill Biddlecome US Army Corps of Engineers Washington Field Office (electronic copy only) Jerry Jennings, PE, Division 1 Engineer Chris Militscher Environmental Protection Agency (electronic copy only) Gary Jordan US Fish and Wildlife Service (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Cathy Bnttingham Division of Coastal Management (electronic copy only) Garcy Ward NCDWQ Washington Regional Office (electronic copy only File Copy Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 807 6488 Internet www ncwaterguality org An Equal Opportunity 1 Affirmative Action Employer Dee Freeman Secretary NorthCarohna Naturally Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Law 92-500 Regulations in s 95 -217 of the United States and subject to the North Carolina Division of Water Quality ( NCDWQ) g 15 NCAC 2H 0500 This certification authorizes the NCDOT to impact an additional 0 24 acres of jurisdictional wetlands in Hertford and Gates Counties The project shall be constructed pursuant to the modification dated received October 24, 2012 The authorized impacts are as described below Wetland Impacts in the Chowan River Basin With this modification, total impacts for the project are - Permanent Fill 17 97 acres - Temporary Fill 0 04 acres - Excavation 0 11 acres - Mechanized Clearing 2 24 acres - Hand Clearing l 65acres - TOTAL WETLAND IMPACTS 22 11 acres - TOTAL WETLAND IMPACTS REQUIRING MITIGATION 20 32 acres - Total Stream Impacts 278 linear feet (163 requiring mitigation) The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 modified application dated received October 24, 2012 All the authorized activities and conditions of certification associated with the original Water,Quality Certification dated May 24, 2012 still apply except where superceded by this certification Should your project change, you are required to notify 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) Total Perm Temp. Mechanized Hand Wetland Mitigation Miti g Site Station Fill Excavation Clearing Fill (acres) g Clearing Required (acres) (acres) (acres) (acres) (acres) (acres) H,{ {- +„`5'"' � ^J� griPrevionslyt'Authoized `vPv .. t` °e s t Tmpnctsa ~ ✓r ��£�i'�4 `3 ?C��i��'•+�'y i ' %z4f �9'�' i <45 r� 1 Y 39+13/47 +58 RRRTI -- -- 0 18 -- 0 74 0 74 -- 0 06 0 06 -- 1 Utiht►es 5 L78 +40/ 105 +70 -- -- 0 30 -- 2 31 2 31 23 L 193 +72/200+00 004 -- 0 11 -- 0 84 0 8 32 L 239+36/244 +31 -- -- 006 -- 114 114 TOTAL 434 0.04 0.00 065 0.06 5.09 499 - ?�M1tiy�s f Im�pctstA- u`thoriz dviitlitlus3Modificatton �€.: '' 7- Y"ti 'S� iST�,�.p.,K3�.S+i'-�.� �h✓ aCi�s }vim 114 C� elav�.t.'l a'W �t43:"�t. .Y r M l Y 39+13/47 +58 RT 054 -- -- 019 -- 073 0 73 1 Utilities -- -- -- 009 -- 009 009 L 74 +43/74+05 RT -- -- -- -- 0 06 006 0 4 5 L78 +40 / 105 +70 RT 20 -- -- 031 0 14 2 48 2 34 23 L 193 +72/200+00 LT 0 69 004 -- Oil -- __+_ 0 84 08 32 L 239+36/244 +31 RT 107 -- -- 0 06 -- 1 13 1 13 TOTAL 4.33 004 000 0 76 PO 20 5 33 5.09 DIFFERENCE -0 01 0 00 0 00 0 11 14 024 1 0.10 Total Additional Wetland Impacts for Project 0 24 acres With this modification, total impacts for the project are - Permanent Fill 17 97 acres - Temporary Fill 0 04 acres - Excavation 0 11 acres - Mechanized Clearing 2 24 acres - Hand Clearing l 65acres - TOTAL WETLAND IMPACTS 22 11 acres - TOTAL WETLAND IMPACTS REQUIRING MITIGATION 20 32 acres - Total Stream Impacts 278 linear feet (163 requiring mitigation) The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 modified application dated received October 24, 2012 All the authorized activities and conditions of certification associated with the original Water,Quality Certification dated May 24, 2012 still apply except where superceded by this certification Should your project change, you are required to notify 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 2H 0506 (h) (6) and (7) 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 I 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 24, 2012 still apply except where superceded by this certification 2 Compensatory mitigation for additional impacts to 0 10 acres wetlands is required We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated October 25, 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP Mitigation Banking Instrument signed July 28, 2010 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 (919)- 431 -3000, Facsimile (919) -431 -3100 A copy of the petition must also be served on DENR as follows Mr William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 3rd day of December 2012 DIVISION OF WATER QUALITY Charles Wakil Director WQC No 003918