19951250 Ver 3_Approval Letter_20110329

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Secretary
Governor Director
March 29, 2011
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements to U.S. 74 Rockingham-Hamlet
Bypass in Richmond County, State Project No. 6.589001T, TIP R-512 A, B, C, D, E, F.
NCDWQ Project No. 95-1250 v.3
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3094 issued to The North Carolina Department of
Transportation (NCDOT) dated January 7, 1997 and subsequent modifications dated April I, 1997 and January 6,
1999.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
~-
o Ict n H *Sullins
lY Director
Attachments
cc: Ronnie Smith, US Amty Corps of Engineers, Wilmington Field Office
Tim Johnson, PE, Division 8 Engineer
Art King, Division 8 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Gary Jordan, US Fish & Wildlife Service (electronic copy only)
Leum Paugh, NCDOT, Natural Environment Unit
William D Gilmore, PE, Ecosystem Enhancement Program
Sonia Carrillo, NCDWQ Central Office
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] \ FAX: 9IM07-6492
Internet: hup:111h2o.ear.state.no uslnmetlandsl
NorthCarolina
Naturally
An Equal OppDOolly t AlfnmaWe AclOD5 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 Water Quality (NCDWQ) Regulations in
15 NCAC 2H .0500. This certification does not authorize the NCDOT to impact any additional jurisdictional
resources in Richmond County. The compensatory mitigation component of this project shall be administered
pursuant to the modification dated received March 2, 2011.
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-Pec
Dee 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.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received March 2, 2011. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated January 7, 1997 and subsequent modification dated April 1, 1997 and January. 6,
1999 still apply except where superceded by this certification. Should your project change, you are required to
notify NCDWQ 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 corresponding Corps of
Engineers Permit.
Condition(s) of Certification:
I. All other conditions written into previous Water Quality Certifications dated January 7, 1997; April 1,
1997 and January 6, 1999 for this project still apply.
2. 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 January 7,
1997 and subsequent modifications still apply except where superceded by this certification.
3. Compensatory mitigation in the amount of 43.1 acres of non riparian wetlands is still required to satisfy
the mitigation requirements for this certification. We understand that you have chosen to provide
compensatory mitigation for this unfulfilled requirement through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to fulfill the mitigation debit for the project.
EEP has indicated in a letter dated February 11, 2011 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above-referenced project, by
debiting 43.1 acres of non riparian wetlands from the existing mitigation credits at the Juniper Bay
Mitigation Site located in the Lunber River Basin. This certification gives approval to the debiting of
43.1 acres of non riparian wetland mitigation from the Juniper Bay Mitigation Site.
4. Compensatory mitigation in the amount of 20.0 acres of riparian wetlands is still required to satisfy the
mitigation requirements for this certification. We understand that you have chosen to provide
compensatory mitigation for this unfulfilled requirement through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to fulfill the mitigation debit for the project.
EEP has indicated in a letter dated February 11, 2011 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above-referenced project, by
debiting 20.0 acres of riparian wetlands from the existing mitigation credits at the Jones Creek and/or
McDonald's Pond Mitigation Sites located in the Yadkin River Basin. This certification gives approval to
the debiting of 20.0acres of riparian wetland mitigation from the Jones Creek and/or McDonald's Pond
Mitigation Sites.
Violations of any condition herein set froth 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 fiom 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: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 29th day of March 2011
DIVISION OF WATER QUALITY
Coleen H. Sullins
? Director
WQC No. 95-12500