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HomeMy WebLinkAbout20200142 Ver 3_Approval Letter_20210713 ROY COOPER Governor w ELIZABETH S.BISER „ ----- ;` Secretary ""p S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality North Carolina Division of Water Resources Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Water Permit Modification Project Name/TIP Project No.: Maple Cypress/B-4484 Date: 7/13/21 DOT Division: 2 County: Craven DWR Project No.1 Permit Type: 20200142 v.3 1 IP DOT Staff:.,Q,•A -Vh,ft d-1,1 DWR Staff: Garcv Ward ACE Staff: DWR Regional Office: WaRO Modification Description: This modification allows NCDOT to impact an additional 568 sq ft of buffers in Zone 1 and an additional 370 sq ft of buffers in Zone 2 as necessary for the construction of Bridge of 138 over the Neuse River on SR 1470(Maple Cypress Rd) in Craven County. This modification also allows NCDOT to hand clear an additional Zyc`square feet of wetlands as needed for the installation of the waterline. Modification Sketch: See attached. Q North Carolina Department of Environmental Quality I Division of Water Resources DE 512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699 1617 :n--,;....,...,W...,` /.0* 919.707.4000 In-Field Modification Page 2 of 3 This in-field modification is required for the following reason(s): • The information contained in the application or presented in support thereof is incorrect in the following manner: Conditions under which the original certification was issued have changed in the following manner: A small amount of buffer (938 sq ft) in between the proposed new bridge and the existing bridge was not accounted for during permitting. This area will need to be cleared for the construction of the new bridge. Additional hand clearing in wetlands is also needed for the installation of the waterline. This in-field modification is valid only if issued by an aLthorized agent of the Division of Water Resources. Transportation Permitting Unit 1 This in-field modification authorizes the NCDOT to impact an additional 938 sqaure feet of Neuse buffer as necessary for the construction of bridge No. 138 over the Neuse River on SR 1470 (Maple Cypress Rd) in Craven County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated 7/13/21 to improve/construct Bridge 138. The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated 7/13/21. Any further changes to the original Water Quality Certification dated January 11, 2020 may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the Neuse 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 Section 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. Should your project change, you are required to notify the DWR 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 conditions. 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 Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Conditions(s) of Modification Approval: 1. As-built drawings of the proposed action shall be submitted to the NC DWR Transportation Permitting Unit within 30 days of completion of the action. 2. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated 1/11/20 and all other corresponding modification still apply except where superseded by this certification. 3. Additional Conditions: Riparian buffers impacted by temporary fill or clearing activities shall be restored to preconstruction contours and revegetated. . Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently D ECr North uarohrio Depdarrient o1 Environinental Quality I Division of waLet Resources j• 512 North Salisbury Street i 1617 Malt Service Center I Raleigh.North Carolina 27699 1617 919.707 9000 In -Field Modification Page 3 of 3 revegetated with native woody species before the next growing season following completion of construction. This condition shall also apply to buffer areas underneath the existing bridge following it's removal. Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NC DWR must require a formal written modification to the 401 WQC, and therefore, this in -field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirement for this project, this in -field modification is invalid and a formal written modification is required. This in -field modification is effective upon the date the last party signs this document. This in -field modification is made upon mutual agreement between DOT and DWR as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §150B-23 et seq. DWR Staff Signature Date. `7 / 13 � Z DOT Staff Signature: f ©- Date: 7/ 3/ ) Staff Signature: Date: - An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT -funded and review and issue 401 Water Quality Certification for DOT projects These staff include Central Office and Regional Office personnel. North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center 1 Raleigh. North Carolina 27699 1617 919.707 9000 9':7 Y':-:ry'P3YG a is.n.msww.d,aAvs o-..•nw w.e rvn,u-an^v..B.014.40.e0-.v.n.00.av 1/I7R5 MATCH TO SHEET 4 -Li-STA.24+00 Ln liii i I: 3 me• .�s N m C .'uF ..n i j YS ''Se ,i. : ,.•:- in 1 ig9 '! • O s�i � BOO ,,_.• _,, 4 1 :41 .- • I I t 1--", ?ilk .,. •---:.----'---=',.:•:• 7 :4 —7-- 0 0 iiiin ,� itA1Iill/i a I � s, ' \ . r f •11 - II It f'` . . . . . Ii ! !I. g . ' V p • I i, " "IL __.... . 1,r •/. 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