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HomeMy WebLinkAbout20100066 Ver 1_Approval Letter_20101021®X NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Coleen H. Sullins Director Dee Freeman October 21, 2010 Pitt County DWQ Project No. 20100066 v.2 Bridge 65 over Pinelog Branch TIP B-4233 MODIFICATION of 401 WATER QUALITY CERTIFICATION, and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Jay Johnson North Carolina Department of Transportation P.O. Box 1587 Greenville, NC 27835 Dear Mr. Johnson: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of installing a water line and replacing Bridge 65 over Pinelog Branch on SR 1200 (Stantonsburg Rd) in Pitt County: Wetland and Rnf or rmnurte in the Neuse River Basin Wetland Wetland Fill Buffer Zonel Buffer Zone2 Site Number Excavation acres acres s ft s ft Pitt 65 0.04 0.06 2,875 1,600 Net Total 0.10 4,475 Impacts The project shall be constructed in accordance with your application dated received September 27, 2010. All the authorized activities and conditions associated with the original Water Quality Certification dated March 26, 2010 and all subsequent modifications still apply except where superceded by this certification. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification 3687. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (b) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. North Carolina Division of Water Quality . Internet: w%NNe ncmateroualio ore 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 One hCarolina Nort Naturally An Equal OppoMnitylAtfinnative Action Employer- 50% Recycled110% Post Consumer Paper Page 2 of 3 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 March 26, 2010 and subsequent modifications still apply except where superceded by this certification. 2. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 3. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT Division Engineer shall complete and rearm the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 4. 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. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948-3922. / Sincerely, for Coledfr Sullins Attachments (General Certification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Sonia Gregory, DWQ, 401/Wetlands Unit, Raleigh NC File Copy