HomeMy WebLinkAbout20190230 Ver 3_Approval Letter_20200914 DocuSign Envelope ID: D6B0A807-E757-4EE2-A314-2B16998DA15A
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ROY COOPER �
Governor NORTH CAROLINA
MICHAEL S. REGAN Errs,rarrrmtrtred Quality
Secretary
S. DANIEL SMITH
Director
September 14,2020
Mr.Paul Williams
NCDOT Division 1
113 Airport Drive
Edenton,NC 27932
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for US 158 Improvements from I-95/NC 46 in Roanoke Rapids
to SR 1312(St.John Church Rd)in Northampton County,TIP R-2582A.
NCDWR Project No.20190230 v.3
Dear Mr.Williams:
Attached hereto is a modification of Certification No. 004189 issued to The North Carolina Department of
Transportation(NCDOT)dated June 24,2019.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
1-DocuSigned by:
`—S9.cflaiiilePcSitifth,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Kyle Barnes,US Army Corps of Engineers,Washington Field Office
Chris Rivenbark,NC Department of Transportation
Garcy,NC Division of Water Resources,Washington Regional Office
File Copy
�,� North Carolina Department of Environmental Quality Division of Water Resources
512Nort h Salisbury Street 1 17M it Service Center Raleigh,Nort h Carolina 27 699 1 17
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919.707.9000
DocuSign Envelope ID: D6B0A807-E757-4EE2-A314-2B16998DA15A
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 Water Resources(NCDWR)Regulations
in 15 NCAC 2H.0500. This certification authorizes the NCDOT to impact an additional 0.09 acres of jurisdictional
wetlands,and 50 linear feet of jurisdictional streams in Northampton County. The project shall be constructed
pursuant to the modification request dated received August 12,2020 and additional information received September
14,2020. The authorized impacts are as described below:
Stream Impacts in the Roanoke River Basin
Stream Impacts
Site Type Permanent Temporary Total Requiring
(linear ft) (linear ft) (linear ft) Mitigation(linear
ft)
Original approved I 101 10 121 na
impacts at Site 1
New additional
impacts with this I 20 -- 20 na
approval at Site 1
Total 121 10 131 na
Total Stream Impact at Site 1: 131 if
Original approved P 332 29 361 332
impacts at Site 8
New additional
impacts with this P 30 -- 30 na
approval at Site 8
Total 362 29 391 332
Total Stream Impact at Site 8:391 if
Wetland Impacts in the Roanoke River Basin
Site Wetland Fill Fill Excavation Mechanized Hand Total
Type (ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact
(ac)
Original 0.21
approved impacts non- 0.17 -- <0.01 0.04 --
at Site 3 riparian
New additional
impacts with this non- -- 0.09 -- -- -- 0.09
approval at Site 3 riparian
Total 0.17 0.09 <0.01 0.04 -- 0.30
Total Wetland Impact for Site 3: 0.30 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Roanoke 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.
DocuSign Envelope ID: D6B0A807-E757-4EE2-A314-2B16998DA15A
This approval is only valid for the purpose and design that you submitted in your modified application dated
received August 12,2020 and additional information received September 14,2020. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated June 24,2019 and
subsequent modifications 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 300 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.
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 original Water Quality Certification dated June 24,2019
and subsequent modifications dated 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.
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 F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 14th day of September 2020
DIVISION OF WATER RESOURCES
rDocuSigned by:
D.- C_ANZtpMetk,
9C9886312DCD474...
S.Daniel Smith,Director
WQC No. 004189
DocuSign Envelope ID: D6B0A807-E757-4EE2-A314-2B16998DA15A
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ROY COOPER °''1 �
Governor NORTH CAROLINA
MICHAEL S. REGAN .Err vfrarrmental Quality
Secretary
S. DANIEL SMITH NCDWR Project No.: County:
Director
Applicant:
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, 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: Date:
Agent'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:
Engineer's Certification
Partial Final
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 Registration No.
Date
r, E QJ North Carolina Department of Environmental Quality I Division of Water Resources
12N h SalisburyStreet1 17M it ServiceCenter Raleigh,N h r Carolina 27 1 17
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919.707.9000