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Home My WebLink About20190230 Ver 4_Approval Letter_20210315 DocuSign Envelope ID:99111202-0C11-4E8B-A1 E0-0878C12D04A2 w� 3k 11. ROY COOPER # Governor DIONNE DELLI-GATTI N O RT H CAROL!N A Secretary Enkrcinmer red Orh8II:y S. DANIEL SMITH Director March 15,2021 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.4 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, ,-DocuSigned by: awl c p ,., '-9C9886312DCD474... S.Daniel Smith,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 Ward,NC Division of Water Resources,Washington Regional Office File Copy 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 134•` 1"NMI. 1"°m. 919.707.9000 DocuSign Envelope ID:99111202-0C11-4E8B-A1 E0-0878C12D04A2 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 0.17 acres of jurisdictional wetlands in Northampton County. The project shall be constructed pursuant to the modification request dated received February 25,2021. The authorized impacts are as described below: 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 approved non- 3.33 -- -- 0.25 -- 3.58 impacts at riparian Site 5 New additional impacts with non- -- 0.17 -- -- -- 0.17 this approval riparian at Site 5 Total 3.33I 0.17 0.25 I -- I 3.75 Total Wetland Impact for Site 5:3.75 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. This approval is only valid for the purpose and design that you submitted in your modified application dated received February 25, 2021. 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 associated with the original Water Quality Certification dated June 24,2019 and subsequent modifications dated February 4, 2020 and September 14,2020 still apply except where superseded by this certification. DocuSign Envelope ID:99111202-0C11-4E8B-A1 E0-0878C12D04A2 2. The post-construction removal of any temporary fill must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody species. [15A NCAC 02H.0506(b)(2)] 3. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area from re-attaining jurisdictional wetland status; the permittee shall provide an update on the wetland areas temporarily impacted at Site 5. This update shall be conducted two growing seasons after completion of the work and shall consist of photographs and a brief report on the progress of the areas in re-attaining wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee shall schedule an agency field meeting with the NCDWR to determine if the wetland areas temporarily impacted by this project have re-attained jurisdictional wetland status. If the wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland status,the NCDWR shall determine if compensatory wetland mitigation is to be required. [15A NCAC 02H.0506(b)(2)and(b)(3)] 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 15th day of March,2021 DIVISION OF WATER RESOURCES ,-DocuSigned by: S�9C9886312DCD474... .LQ111G1 J1111L11,L11GL.LV1 WQC No. 004189