HomeMy WebLinkAbout20120296 Ver 2_Approval Letter_20121203��
GA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
December 3 2012
Mr Clay Willis
Division Environmental Officer Division 1
North Carolina Department of Transportation
1] 3 Airport Drive
Edenton North Carolina 27932
Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the Proposed Widening of U S 131U S 158 from U S 1581N C 45
near Winton to the U S 158 Bypass in Tarheel in Hertford and Gates Counties TIP R 2507A
NCDWQ Project No 20120296v2
Dear Dr Thorpe
Attached hereto is a modification of Certification No 003918 issued to The North Carolina Department of
Transportation (NCDOT) dated May 24 2012
If we can be of further assistance do not hesitate to contact us
Sincerely
Charle Wakild
Director
Attachments
cc Bill Biddlecome US Army Corps of Engineers Washington Field Office (electronic copy only)
Jerry Jennings, PE, Division 1 Engineer
Chris Militscher Environmental Protection Agency (electronic copy only)
Gary Jordan US Fish and Wildlife Service (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Cathy Bnttingham Division of Coastal Management (electronic copy only)
Garcy Ward NCDWQ Washington Regional Office (electronic copy only
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 -807 63001 FAX 919 807 6488
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
NorthCarohna
Naturally
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 Law 92-500
Regulations in s
95 -217 of the United States and subject to the North Carolina Division of Water Quality ( NCDWQ) g
15 NCAC 2H 0500 This certification authorizes the NCDOT to impact an additional 0 24 acres of jurisdictional
wetlands in Hertford and Gates Counties The project shall be constructed pursuant to the modification dated
received October 24, 2012 The authorized impacts are as described below
Wetland Impacts in the Chowan River Basin
With this modification, total impacts for the project are
- Permanent Fill 17 97 acres
- Temporary Fill 0 04 acres
- Excavation 0 11 acres
- Mechanized Clearing 2 24 acres
- Hand Clearing l 65acres
- TOTAL WETLAND IMPACTS 22 11 acres
- TOTAL WETLAND IMPACTS REQUIRING MITIGATION 20 32 acres
- Total Stream Impacts 278 linear feet (163 requiring mitigation)
The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 October 24, 2012 All the authorized activities and conditions of certification associated with the original
Water,Quality Certification dated May 24, 2012 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)
Total
Perm
Temp. Mechanized
Hand Wetland
Mitigation
Miti g
Site Station Fill
Excavation Clearing
Fill (acres) g
Clearing
Required
(acres)
(acres) (acres)
(acres)
(acres)
(acres)
H,{ {- +„`5'"' � ^J�
griPrevionslyt'Authoized
`vPv .. t` °e s t
Tmpnctsa
~
✓r
��£�i'�4 `3 ?C��i����'•+�'y
i '
%z4f �9'�' i <45
r�
1 Y 39+13/47 +58 RRRTI
-- -- 0 18
-- 0 74
0 74
--
0 06
0 06
--
1
Utiht►es
5
L78 +40/ 105 +70
--
--
0 30
--
2 31
2 31
23
L 193 +72/200+00
004
--
0 11
--
0 84
0 8
32 L 239+36/244 +31 -- --
006 --
114 114
TOTAL 434 0.04 0.00
065 0.06
5.09 499
-
?�M1tiy�s f Im�pctstA- u`thoriz dviitlitlus3Modificatton
�€.: '' 7- Y"ti 'S� iST�,�.p.,K3�.S+i'-�.�
�h✓ aCi�s
}vim 114 C� elav�.t.'l
a'W �t43:"�t. .Y r M
l Y 39+13/47 +58 RT 054 -- --
019 --
073 0 73
1
Utilities
--
--
--
009
--
009
009
L 74 +43/74+05 RT
--
--
--
--
0 06
006
0
4
5
L78 +40 / 105 +70 RT
20
--
--
031
0 14
2 48
2 34
23
L 193 +72/200+00 LT
0 69
004
--
Oil
--
__+_
0 84
08
32
L 239+36/244 +31 RT
107
--
--
0 06
--
1 13
1 13
TOTAL
4.33
004
000
0 76
PO 20
5 33
5.09
DIFFERENCE
-0 01
0 00
0 00
0 11
14
024
1 0.10
Total Additional Wetland Impacts for Project 0 24 acres
With this modification, total impacts for the project are
- Permanent Fill 17 97 acres
- Temporary Fill 0 04 acres
- Excavation 0 11 acres
- Mechanized Clearing 2 24 acres
- Hand Clearing l 65acres
- TOTAL WETLAND IMPACTS 22 11 acres
- TOTAL WETLAND IMPACTS REQUIRING MITIGATION 20 32 acres
- Total Stream Impacts 278 linear feet (163 requiring mitigation)
The application provides adequate assurance that the discharge of fill material into the waters of the Chowan 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 October 24, 2012 All the authorized activities and conditions of certification associated with the original
Water,Quality Certification dated May 24, 2012 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
Conditions of Certification
I 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 May 24, 2012 still
apply except where superceded by this certification
2 Compensatory mitigation for additional impacts to 0 10 acres wetlands is required We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project EEP has
indicated in a letter dated October 25, 2012 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP
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 DENR as follows
Mr William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 3rd day of December 2012
DIVISION OF WATER QUALITY
Charles Wakil
Director
WQC No 003918