HomeMy WebLinkAbout20170525 Ver 2_Approval Letter_20200325nnrii�Qinn Fn\/PlnnP in. 7R7RFAQR_35dd_dC'd3_A(17F_R31FdRR3RdRF
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Jay Johnson
NCDOT, Division 2
1037 W.H. Smith Blvd.
Greenville, NC 27835
NORTH CAROLINA
Enlrtronmertfrrl Quality
March 25, 2020
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Neuse Buffer Authorization with ADDITIONAL CONDITIONS for the proposed construction of the
C.F. Harvey Parkway (NC148) Extension from NC 58 to NC 1 lin Lenoir County, WBS No. 46375, TIP
R-5703.
NCDWR Project No. 20170525 v.2
Dear Mr. Johnson:
Attached hereto is a modification of Certification No. WQC004121 issued to The North Carolina Department of
Transportation (NCDOT) dated March 25, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DOCUSigned by:
9C9886312DCD474...
S. Daniel Smith
Director
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Garcy Ward, NCDWR Washington Regional Office
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
�L-10. 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 282BFA98-3544-4C43-A02E-B31648B384BF
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Neuse Buffer Authorization 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 authorizes the NCDOT to impact an additional
50 linear feet of jurisdictional stream at Site 12 in Lenoir County. The project shall be constructed pursuant to the
modification request dated received February 23, 2020. The authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Stream
Stream
Site
Impact
Impacts
Total
Permanent
Temporary
1
1
12 - original impacts
466
22
488
approved
12 — additional
impacts approved with
50
--
50
this modification
Total
516
22
538
Total stream impact at Site 12 = 538 If, Total stream impact for project = 3,205 if
The application provides adequate assurance that the discharge of fill material onto the beach in conjunction with the
proposed activity 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 February 23, 2020. Should your project change, you are required to notify 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 impacts, for this project (now or in
the future) are required the applicant should contact NCDWR as a modification of this Certification may be
required. 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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities at Site 12 (Buffer Site 16). All of
the authorized activities and conditions associated with the original Water Quality Certification dated
August 25, 2017 and subsequent modifications still apply except where superseded by this certification.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
DocuSign Envelope ID: 282BFA98-3544-4C43-A02E-B31648B384BF
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 DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 251 day of March, 2020
DIVISION OF WATER RESOURCES
Docuftned by:
9C9886312DCD474...
S. Daniel Smith
Director
WQC No. 004121
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000
nnrii�Qinn Fn\/PlnnP in. 7R7RFAQR_35dd_dC'd3_A(17F_R31FdRR3RdRF
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Enlrl'ronmertfrrt Quality
NCDWR Project No.:
Applicant:
Project Name:
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.
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:
Engineer's Certification
Partial Final
Date:
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
Date
Registration No.
D— E North Carolina Department of Environmental Quality I Division of Water Resources
�L-10. 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000