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Home My WebLink About20001432 Ver 1_Approval Letter_20040917�GlN32 ✓.k- 4 • AMI `NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr,, Secretary Alan W. Klimek, P,E., Director September 17, 2004 Mr. Gregory J. Thorpe, Ph.D., Environmental Director NCDOT Planning and Environmental Branch 1548 Mail Service Center Raleigh, NC, 27699-1548 Dear Dr. Thorpe: Re: MODIFICATION TO Water Quality Certification Pursuant to §401 of the Federal Clean Water Act, US 421-NC 87 Bypass of Sanford from existing US J21 northwest of Sanford to existing NC 87 southeast of Sanford in Lee County. TIP No. R-2417 BB; Federal Aid No. STP-NBF-421(2), State Project No. 8.T540402, NCDOT Division 8; VMS Element 34431.1.1. Attached hereto is a copy of the Modification to Certification No. 3378 issued to The North Carolina Department of Transportation dated September 17, 2004. The,project shall be constructed in accordance to. your application for modification dated August 12, 2004. All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated April 10, 2002, and all other corresponding modifications still apply except where superceded by this certification. If we can be of further assistance, do not hesitate to contact us. Singe Alan W. Klimek, P.E. Attachments cc: Wilmington District Corps of Engineers Richard Spencer, USACE Wilmington Field Office NCDWQ Raleigh Regional Office Christopher Militscher, US Environmental Protection Agency — Region IV T. Johnson, PE, Division Engineer, NCDOT Division 8, PO Box 1067 Aberdeen, NC 28315 Central Files File Copy Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650' One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarohna nL.--,• n4t - - i,.� - - -- - -- --- -... ........... /.,....... II NORTH CAROLINA 401 WATER QUALITY CERTIFICATION 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 (DWQ) Regulations in 15 NCAC 2H, Section .0500. The attached modification authorizes impacts to wetlands and streams as described herein. This modification is applicable only to the additional proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated April 10, 2002 and all other corresponding modifications still apply except where superceded by this certification. The application provides adequate assurance that the discharge of fill material into the wetlands 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 application, as described in the Public Notice. Should your project change, you are required to notify the DWQ and you may be required to 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 i % 150 linear feet, respectively, additional compensatory mitigati9p may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain vqid, you are required to comply with all the conditions listed below. In addition, you should obtain all oiher federal, state or local permits before proceeding with your project including (but not limited to) Sedinent and Erosion Control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner. This Modification allows NCDOT and/or its authorized agent to perform the following: Site Authorized Alignment, Wetland fill Mechanized Stream Natural Stream impacts Clearing Impacts Stream Design Stationed (acres) Wetland (linear feet) (linear feet)__ (linear feet) (acres) Site 6 1,930 1,924 --- Site 8 --- 1.92 0.162 Revised impacts --- 1.86 0.173 --- Site 8 Site 9 --- --- 0.07 0.0075 430 Revised impacts --- --- 0.06 0.0074 413 Site 9 Utility Lnpacts --- 0.03 --- --- TOTALS 1,924 0.03 acre 0.011 acre 17 ft decrease (6 linear feet decrease increase decrease) NCDOT TIP R- 2417BB Modification, DWQ # 001432 Page 2 September 17, 2004 Condition(s) of Certification: 1. Erosion and sediment control practices must be in full compliance with - all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, .operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Any reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedime44tion Pollution Control Act. 2. No waste, spoil, solids, or fill of any kind shall occ in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Apphication. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within 30 days after the project has been released. 4. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 5. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be Iocated in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities; b. No additional compensatory mitigation shall be done in accordance with this modification. 7. All other conditions written into previous Water Quality Certifications for this project still apply. 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. NCDOT TIP R -2417 BB Modification, DWQ # 001432 Page 3 September 17, 2004 If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 17 Lb day of September 2004 DIVISION ATER QUALITY G .t Alan W. Klimek, P: