The URL can be used to link to this page

Home My WebLink About20190230 Ver 6_Approval Letter_20210817 DocuSign Envelope ID: E50E5F39-4728-4C87-B387-55D0E4F03A19 s'TAT "' .Is.r ., ROY COOPER ..5 " ?. r ,.•ry Governor *., {ELIZABETH S. BISER ' # .. ,., * J .011 Secretary S. DANIEL SMITH NORTH CAROLINA Director Enwfanrnent&l'Quality August 16,2021 Mr.Paul Williams NCDOT Division 1 113 Airport Drive Edenton,NC 27932 Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the 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.6 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: 0,-W1 C ANCyli A, -9C9886312DCD474... o.LCL111G1 J1111 L11 Director cc: 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 -.01"- •_ 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 134• "`� �` °�� 919.707.9000 DocuSign Envelope ID: E50E5F39-4728-4C87-B387-55D0E4F03A19 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 permanently impact an additional 116 linear feet of streams in Northampton County. The project shall be constructed pursuant to the revised modification request dated received June 17,2021. The authorized impacts are as described below: Wetland Impacts in the Roanoke River Basin Fill Mechanized Hand Total Fill Excavation Wetland Site 8 (ac) (temporary) (ac) Clearing Clearing Impact (ac) (ac) (ac) (ac) Impacts approved with 0.18 -- 0.10 0.28 the original certification Impacts approved with 0.14 -- 0.08 -- 0.22 this modification Difference -0.04 -- I -- -0.02 I I -0.06 Wetland impacts at Site 8=0.22 ac,a reduction of 0.06 ac Stream Impacts in the Roanoke River Basin Site 8 Permanent Temporary Total Stream Impact (linear ft) (linear ft) (linear ft) Impacts approved with the 362 29 391 version 3 modification Additional impacts approved 116 16 132 with this modification Total 478 45 523 Total stream impacts at Site 8=523 if for two separate streams The application provides adequate assurance that the discharge of fill material into the waters of the Roanoke River Basin 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 June 17,2021. 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. 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, September 14,2020,March 15,2021,and April 29, 2021 still apply except where superseded by this certification. 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: E50E5F39-4728-4C87-B387-55D0E4F03A19 2. 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 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 Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This the 16th day of August,2021 DIVISION OF WATER RESOURCES ,-DocuSigned by: O , Ulk,(pwku n, '-9C9886312DCD474... S.Daniel Smith Director WQC No.004189 QJ 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• "`� NM` 1"°�� 919.707.9000