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Home My WebLink About20050785 Ver 16_Approval Letter_20100805 (2) t�CDEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P, E. Dee Freeman i Governor Director Secretary j October 31,2012 I Mr.Jay Johnson North Carolina Department of Transportation P.O.Box 1587 Greenville,NC 27835 i Subject: Modification to the 401 Water Quality Certification Pursuant to Section 46I of the Federal Clean Water Act and Tar- Pamlico Buffer Authorization,with ADDITIONAL CONDITIONS for Proposed improvements to US 17(Washington By- pass)from North of SR 1509(Springs Rd)to North of SR 1418(Roberson Rd)in Beaufort County,Federal Aid Project No. MAF-75-3(26),TIP No.R-2510 C. NCDWQ Project No.20050785 v. 16 Dear Mr.Johnson: Attached hereto is a modification of Certification No.3527 issued to The North Carolina Department of Transportation(NCDOT) dated September 6,2005. This modification is applicable only to the additional activities in R-2510 section C. All the authorized activities and conditions associated with the original Water Quality Certification dated September 6,2005 and subsequent modifications still apply except where superceded by this certification. If we can be of further assistance,do not hesitate to contact us. Sincerely, Charles Wakild,P.E. Director Attachments cc: Tom Steffens,US Army Corps of Engineers,Washington Field Office Chris Rivenbark,NC DOT, 1548 Mail Service Center,Raleigh NC 27699-1549 Steve Sollod,Division of Coastal Management,Raleigh. Stephen Lane,Division of Coastal Management,Morehead City File Copy North Carolina Division of Water Quality Internet One 943 Washington Square Mall Phone: 252-946-6481 No hCarolina Washington,NC 27889 FAX 252-946-9215 An Equal OpporlunitylAfllmtative Action Employer—5D%RecycledllD%Post Consumer Paper aturaIr Page 2 of 5 Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Tar-Pamlico 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 Quality(NCDWQ)Regulations in 15 NCAC 2H.0500 and 15A NCAC 2B .0259. This certification authorizes the NCDOT to impact'1.92 acres of jurisdictional wetlands,0.47acres of surface waters,2,088 linear feet of jurisdictional streams and 156,855 square feet of protected riparian buffers in Beaufort County. The project shall be constructed pursuant to the modification request dated received September 12,2012 and revised request dated received October 30, 2012. The authorized impacts are as described below: I Stream Imipactsin the Tar-Pamlico River Basin approved with the Au ust 5,2010 Modification Permanent Fill Temporary Fill Permanent Temporary Total Stream Impacts Perennial Perennial Surface Water Surface Water Stream Requiring Section C,Site: Stream Stream Impacts Impacts Impact Mitigation (linear ft linear ft ac ac (linear ft linear it IA 34 262 <0.01 0.17 296 - i IC - - - - 2* n/a n/a n/a n/a 3 122 116 0.01 0.01 238 - 4A 779 27 0.07 0.01 806 779 4B 0 270 0 0.12 270 - 4C 0 116 0 <0.01 116 - 5A 120 20 0.01 0 140 - 5B 154 20 0.02 <0.01 174 154 5C 21 27 <0.01 <0.01 48 1 21 TOTAL: 1,230 858 0.13 0.34 1 2,088 954 Total Stream Impact for Project:2,088 linear feet 2* subsequent site visits by DWQ and Corps of Engineers personnel found no stream feature present i Stream impacts in the Tar-Pamlico River Basin approved with this Modification Permanent FIR Temporary Fill Permanent Temporary Total Stream Impacts Perennial Perennial Surface Water Surface Water Stream Requiring Section C,Site: Stream Stream Impacts Impacts Impact Mitigation inear ft (linear ft ac ac (linear it) (linear it) IA 34 262 <0.01 0.17 296 - 113 - - - - 1C - - - - 2* n/a n/a n/a n/a 3 122 116 0.01 0.01 238 - 4A 779 27 0.07 0.01 806 779 4B 0 270 0 0.12 270 - 4C 0 116 0 <0.01 116 - 5A 135 20 0.01 0 155 - 5B 154 20 0.02 <0.01 174 154 5C 21 27 <0.01 <0.01 48 21 MODIFIED TOTAL: 1 45 858 0.13 0.34 2103 954 Difference +15 0 0 0 +15 0 Total Stream Impact for Project:2,103 linear feet Page 3 of 5 Tar-Pamlico Ri arian Buffer Impacts A roved with the A ril 11 2012 Modification Zone 1 minus =Zone 1 Zone 1 Buffer g" Zone 2 minus zone 2 Zone 2 Buffer Section C Impact Wetlands Buffers Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 (not wetlands) Required (sq ft) in Zone 2 (not wetlands) Required Site: (sq ft) (sq ft) (using 3:1 ratio) (sq ft) (sq ft) (using 1,5:1 ratio IA 3,913 20 3,893 11,679 '{',v 4,506 151 4,355 6,533 IA 13,197 3,018 10,179 **n/a -F- 3,905 799 3,106 **n/a I Bride 9,575 ;_. 3 13 360 469 12,891 38,673 8,411 2,028 6,383 4 40,228 60 40,168 120,504 23,055 510 22,545 33,818 4 Bride 12,312 2,280 10,032 **n/a N;F 2,298 493 1,805 **n/a 5A 7,518 0 7,518 *n/a ^;'i 4,528 0 4,528 *n/a SB 9,730 1,118 8,612 25,836 6,095 1,214 4,881 7,322 SC 2,588 0 2,588 7,764 't ; 911 Q 911 1,367 102,846 6,965 95,881 204,456 53,709 5,195 48,514 58,615 Totals -�a *n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required **n/a=Impact due to bridge structure,no mitigation required Total Buffer Impact for Project:156,555 square feet. Tar-Pamlico Ri arian Buffer Im acts Approved with this Modification Zone 1 minus =Zone 1 Zone 1 Buffer < ' Zone 2 minus =Zone 2 Zone 2 Buffer LSection Impact Wetlands Buffers Mitigation Impact Wetlands Buffers Mitigation ,(sq ft) in Zone 1 (not wetlands) Required (sq ft) inZone 2 (not wetlands) Requ re s ft s it usin 1.5:1 (sq ft) (sq ft) (using 3:1 ratio) ( 9 ) ( q } ( ratio I' lA 3,913 20 3,893 11,679 4,506 151 4,355 6,533 10,179 **n/a 3,905 799 3,106 **n/a IA Bridge. 13,197 3,018 3 13,360 469 12,891 38,673 ;: 8,411 2,028 6,383 9,575 4 40,228 60 40,168 120,504 ;''; 23,055 510 22,545 33,818 4 Bride 12,312 2,280 10,Q32 **n/a 1:;-` 2.298 493 1,805 **n/a 5A 7,818 0 7,818 *n/a 4,528 0 4,528 *n/a SB 9,730 1,118 8,612 25,836 6,095 1,214 4,881 7,322 5C 2,588 0 2,588 7,764 911 0 911 1,367 103,146 6,965 96,181 204,456 53,709 5,195 48,514 58,615 Totals Difference +300 0 +300 0 0 0 0 0 *n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required **n/a=Impact due to bridge structure,no mitigation required Total Buffer Impact for Project:156,855 square feet. The application provides adequate assurance that the discharge of fill material into the waters of the Tar-Pamlico 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 modification request dated received September 12, 2012 and additional information dated received October 30,2012. All the authorized'activities and conditions associated with the original Water Quality Certification dated September 6,2005 and all subsequent modifications still apply except where superseded by Page 4 of 5 this certification. Should your project change,you are required to notify NCDWQ and submit a now 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 211.0506(h)(6)and(7). i Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0260. 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 in R-2510 Section C. All of the authorized activities and conditions associated with the original Water Quality Certification dated September 5,2005 and subsequent modifications still apply except where superseded by this certification. 2. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,rules,regulations,or ordinances that may be imposed by other government agencies(i.e.local,state,and federal)having jurisdiction,including but not limited to applicable buffer rules,stormwater management rules,soil erosion and sedimentation control requirements,etc. 3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. i 4. Upon completion of the project(including any impacts at associated borrow or waste sites),the NCDOT Division Engineer shall complete and return the enclosed"Certification of Completion Form"to notify NCDWQ when all work included in the 401 Certification has been completed. 5. 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. 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 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,6714 Mail Service Center,Raleigh,N.C. 27699-6714. 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 30th day of Ocotber,2012 DIVISI F WATER QUALITY 6Z&,Ir� - Charles Wakild,P.E. Director WQC No.3527 Page 5 of 5 NCDWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and any subsequent modifications,the applicant is required to return this certificate to the 401 Transportation Permitting Unit,North Carolina Division of Water Quality,1650 Mail Service Center,Raleigh,NC,27699-1650. This form may be returned to NCDWQ by the applicant,the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. i I Applicant's Certification ! I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification I, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, ,as a duly registered Professional Engineer in the State of North Carolina,having been authorized to observe(periodically,weekly,full time)the construction of the project,for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date