HomeMy WebLinkAbout20120296 Ver 6_Approval Letter_20150603���
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NCDENR
North Carolina Department of Environment and.Natural Resources
Pat McCrory
Governor
June 3, 2015
Mr. Clay Willis
NCDOT, Division One
1 l3 Airport Drive, Suite 100
Edenton, NC 27932
Donald R. van der Vaart
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDtTIONS for the Proposed Widening of US 13/US 158 from US 158/NC45
near Winton to the US 158 Bypass in Tarheel in Hertford and Gates Counties, TIP R-2507A.
NCDWR Project No. 20120296 v.6
Dear Mr. Willis:
Attached hereto is a modification of Certification No. 003918 issued to The North Carolina Department of
Transportation (NCDOT) dated May 24, 2012 and modifications dated September 13, 2012(correction letter),
December 3, 2012, November 18, 2013, May 23, 2014, and October 7, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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S. Jay Zimr�Serman, ' ector� �
Division of Water Resources
Attachments
Electronic copy only distribution:
Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Clay Willis, NC Department of Transportation ,
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency �' �
Travis Wilson, NC Wildlife Resources Commission
Greg Daisey, NC Division of Coasta] Management � �
Cathy Brittingham, NC Division of Coastal Management ��
David Wainwright, NC Division of Water Resources Raleigh Central Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.ncdenr.gov
An Equal OppoRunity 1 Affirmative Action Employer
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 Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of ,W:ater Resources,,�(NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact'an additional 0.21�acres of jurisdictional
wetlands in Gates County. The project shall be constructed pursuant to the'modifcation request dated received May
29, 2015. The authorized impacts are as described below: �
This modification authorizes an additional 0.21 acres of hand clearing in wetlands as needed to provide the required
minimum cleared distance from the roadway. The additional impacts are as follows:
Wetland
Site Hand
Clearin ac
l 2 0.06
l 7 0.01
18 0.01
19 0.05
23 <0.01
30 0.05
35 0.03
Total 0.21
With this modification, total impacts for the project are:
• Permanent Fill: 18.08 acres �
• Temporary Fill: 0.04 acres
• Excavation: 0.11 acres
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• Mechanized Clearing: 2.28 acres
• Hand Clearing: 1.86 acres
• TOTAL WETLAND IMPACTS: 22.37acres (20.47 acres requiring mitigation)
• TOTAL STREAM IMPACTS: 278 linear feet (163 linear feet requiring mitigation)
The application provides adequate assurance that the discharge of fill material into the waters of the Chowan River
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.
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This approval is only valid for the purpose and design that you submitted in your modified application dated
received May 29, 2015. All the authorized activities and conditions of certification associated .with the original
Water Quality Certification dated May 24, 2012 and subsequent modifications dated September 13,2012,� �December
3, 2012, November 18, 2013, May 23, 2014 and October 7, 2014 still apply except where superseded by this
certification. 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). 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 conesponding Corps of Engineers Permit.
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Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the ariginal Water Quality Certification dated May 24, 2012
and subsequent modifications dated September 13, 2012; December 3, 2012; November 18, 2013; May
23, 2014; and October 7, 2014 still apply except where superseded by this certification.
2. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any clearing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized.
3. 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.
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:OOam and S: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: (919)-431-3000, Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
WQC No. 003918
This the 3rd day of June2015
DNISION OF WATER RESOURCES
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. Ja �mmerman, D rector
Division of Water Resources
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North Carolina Department of Environment �and�Natural Resources '`'" :
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Pat McCrory Donald R: van der Vaart
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Govemor � � . Sec�etary
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NCDWR Project No.: County; ,, „s: i�: .;{,,
Applicant: u�;t�. , r��, 1� �:� :r,�ii ?:t, ; � c ,�:I��,.
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Project Name:
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, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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.
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: Date:
AgenYs 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 BuffenRules,.the approved plans and
specifications, and other supporting materials. , ,.
Signature:
Engineer's Certijcation
Partial Final
Date:
1, , as a duly registered Professional Engineer in the State ofNorth
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
Date
Registration No.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer
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