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Home My WebLink About20181598 Ver 2_Approval Letter_20200501DocuSign Envelope ID: B5C2FF59-3385-4688-88EC-97D47A2EA7Ez ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Enlrtronmertfrrl Quality May 1, 2020 Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 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 Havelock Bypass in Craven County, TIP R-1015. NCDWR Project No. 20181598 v.2 Dear Mr. Harris: Attached hereto is a modification of Certification No. WQC004178 issued to The North Carolina Department of Transportation (NCDOT) dated May 1, 2020. If we can be of further assistance, do not hesitate to contact us. Sincerely, nDOCUSigned by: lJ� Yl1 W 4AP"� 9C9886312DCD474... S. Daniel Smith Director cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, Division 2 Environmental Officer Chris Rivenbark, NC Department of Transportation Amanetta Somerville, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Stephen Lane, NC Division of Coastal Management Cathy Brittingham, NC Division of Coastal Management Beth Harmon, Division of Mitigation Services Garcy Ward, NC Division of Water Resources, 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: B5C2FF59-3385-4688-88EC-97D47A2EA7E4 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 213.0233. This certification authorizes the NCDOT to permanently impact an additional 0.05 acres of wetlands in Craven County. The project shall be constructed pursuant to the revised modification request dated received May 1, 2020. The authorized impacts are as described below: Wetland Impacts at Sites 1, 3, 7, 21, 26, 27, and 31 in the Neuse River Basin approved with Original Certification Site Wetland Type Fill (ac) Fill (temporary) (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) 1 non -riparian 0.57 -- 0.33 0.26 -- 1.16 3 non -riparian 25.91 -- 0.32 3.10 -- 29.33 7 non -riparian 2.56 -- -- 0.33 -- 2.89 21 non -riparian 0.55 -- 0.22 0.08 -- 0.85 26 non -riparian 0.48 -- 0.0007 -- 0.11 0.59 27 non -riparian 0.79 -- 0.05 -- 0.07 0.91 31 non -riparian 2.23 -- 0.07 -- 0.31 2.61 Total 33.09 -- 0.99 3.77 0.49 38.34 Wetland Impacts at Sites 1, 3, 7, 21, 26, 27, and 31 in the Neuse Basin approved with this Modification Site Wetland Type Fill (ac) Fill (temporary) (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact ac 1 non -riparian 0.59 -- 0.32 0.25 -- 1.16 3 non -riparian 26.03 -- 0.32 3.07 -- 29.42 7 non -riparian 2.52 -- -- 0.32 -- 2.84 21 non -riparian 0.56 -- 0.21 0.08 -- 0.85 26 non -riparian 0.47 -- 0.0007 -- 0.11 0.58 27 non -riparian 0.75 -- 0.08 -- 0.05 0.88 31 non -riparian 2.22 -- 0.07 -- 0.32 2.61 Total 33.14 -- 1.00 3.72 0.48 38.34 Difference +0.05 -- +0.01 -0.05 -0.01 0.00 change in permanent impact = +0.01 ac Stream Impacts in the Neuse River Basin Permanent Temporary Total Stream Stream Impacts Site Type (linear ft) (linear ft) Impact Requiring (linear ft) Mitigation (linear ft) 47 -original impacts I 12 10 22 na approved 47- impacts approved 1 12 0 12 na with this modification Difference 0 -10 -10 North Carolina Department of Environmental Quality I Division of Water Resources D, E Q � 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an- a L " 919.707.9000 DocuSign Envelope ID: B5C2FF59-3385-4688-88EC-97D47A2EA7E4 Buffer Impacts in the Neuse River Basin Site Zone 1 Zone 2 (sq ft) (sq ft) 7 -original impacts approved 417 0 7- impacts approved with this modification 135 0 Difference - 282 0 Wetland Impacts due to Utilities Site Fill (ac) Excavation (ac) Hand Clearing (ac) 1 <0.01 0.669 2 <0.01 0.560 3 <0.01 1.062 4 <0.01 1.301 5 <0.01 1.827 6 <0.01 0.182 7 <0.01 0.041 8 <0.01 0.116 9 <0.01 0.077 10 <0.01 -- 11 <0.01 -- 12 <0.01 -- Bore pits 0.036 Total <0.01 0.036 5.835 Net Total 5.871 permanent impacts = 0.04 ac 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 May 1, 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. All of the authorized activities and conditions associated with the original Water Quality Certification dated April 3, 2019 and subsequent modifications still apply except where superseded by this certification. 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: B5C2FF59-3385-4688-88EC-97D47A2EA7E4 2. This modification resulted in an additional 0.01 ac of permanent wetland impacts due to road construction and an additional 0.04 ac of permanent wetland impacts due to utilities. Therefore, compensatory mitigation for an additional 0.05 acres of non -riparian wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated March 12, 2020 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with DMS's 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 DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This the 1 st day of May, 2020 DIVISION OF WATER RESOURCES EDOCUSigned by: 12DCD474 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 °'P— a L " ��919.707.9000 DocuSign Envelope ID: B5C2FF59-3385-4688-88EC-97D47A2EA7Ez ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Enleoronmertfrrt 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