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Home My WebLink About20181598 Ver 5_Approval Letter_20210709 DocuSign Envelope ID:299830D7-426A-4870-BF1F-4C0D86B84147 . 5 r;}.,f F,. ROY COOPER '; . -,- It Governor r ' ELIZABETH S. BISER ......... 41. 11 Secretary # a'^" * S. DANIEL SMITH NORTH CAROLINA Director Enie ranrnent&l'QrloI1iy July 9,2021 Mr.Philip S.Harris,III,P.E.,CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer Authorization with ADDITIONAL CONDITIONS for the proposed construction of the Havelock Bypass in Craven County,TIP R-1015. NCDWR Project No.20181598 v.5 Dear Mr.Harris: Attached hereto is a modification of Certification No.WQC004178 issued to The North Carolina Department of Transportation(NCDOT)dated April 3,2019. If we can be of further assistance,do not hesitate to contact us. Sincerely, EDocuSigned by: 9C9886312DCD474... S.Daniel Smith Director cc: Tom Steffens,US Army Corps of Engineers,Washington Field Office Jay Johnson,Division 2 Environmental Officer Chris Rivenbark,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Gary Jordan,US Fish and Wildlife Service Travis Wilson,NC Wildlife Resources Commission Stephen Lane,NC Division of Coastal Management Cathy Brittingham,NC Division of Coastal Management Beth Harmon,Division of Mitigation Services Garcy Ward,NC Division of Water Resources,Washington Regional Office File Copy -01"--- � 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•11"ENT`�"°m. 919.707.9000 DocuSign Envelope ID:299830D7-426A-4870-BF1F-4C0D86B84147 Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Neuse Buffer Authorization 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 and 15A NCAC 2B.0233. This certification authorizes the NCDOT to permanently impact an additional 0.67 acres of wetlands in Craven County as needed for the installation of a gas utility line. The project shall be constructed pursuant to the revised modification request dated received May 28,2021. The authorized impacts are as described below: Wetland Impacts in the Neuse River Basin due to Utilities Fill Temporary Excavation Hand Site Clearing (ac) Fill(ac) (ac) (ac) Total utility impacts <0.01 -- 0.036 5.835 previously approved Additional impacts approved with this -- 0.14 0.13 -- modification at Site 1 Additional impacts approved with this -- 0.79 0.50 -- modification at Site 2 New impacts approved with this modification -- 0.01 0.02 0.06 at Site 48 New impacts approved with this modification -- 0.06 0.02 0.21 at Site 49 _ Difference -- + 1.0 +0.67 +0.27 Total <0.01 1.0 0.71 6.11 Net Total 7.82 Total wetland impacts due to utilities=7.82 acres The application provides adequate assurance that the discharge of fill material onto the beach in conjunction with the proposed activity 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 May 28,2021. Should your project change,you are required to notify 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 impacts,for this project(now or in the future)are required the applicant should contact NCDWR as a modification of this Certification may be required. 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. D ,. QJ North Carolina Department of Environmental Quality I Division of Water Resources •_r 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 134• "`� NM` 1"°�� 919.707.9000 DocuSign Envelope ID:299830D7-426A-4870-BF1F-4C0D86B84147 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 April 3,2019 and subsequent modifications dated Mayl,2020,January 8,2021, and April 22,2021 still apply except where superseded by this certification. 2. This modification results in an additional 0.67 acres of permanent wetland impacts due to utilities. Therefore,compensatory mitigation for an additional 0.67 acres of non-riparian wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated May25,2021 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010. 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 Sites land 2. This update shall be conducted two growing seasons after completion of the work at Sites 1 and 2 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(c)(2)] 4. A copy of this Water Quality Certification shall be maintained on 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 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 -01"--- � 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:299830D7-426A-4870-BF1F-4C0D86B84147 A copy of the petition must also be served on DEQ as follows: Mr.Bill Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This the 96 day of July,2021 DIVISION OF WATER RESOURCES EDocuSigned by: 9C9886312DCD474... S.Daniel Smith Director WQC No.004121 . . 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