HomeMy WebLinkAbout20181530 Ver 2_Approval Letter_20211025 DocuSign Envelope ID:CD8DB5CA-AEDC-4354-B3C7-EBAA21CA7A0A ,,.
, '5i*roA' 4,
ROY COOPER
Governor ` r _ '
ELIZABETH S. BISER n ,v.
41. 11
Secretary • a'^" *
S. DANIEL SMITH NORTH CAROLINA.
Director Enidranrnent&ll Qrlorlly
October 25,2021
Beaufort County
NCDWR Project No.20181530 v.2
Bridge No. 3
TIP B-5302
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr.Jay Johnson
NCDOT,Division 2
1037 W.H. Smith Blvd.
Greenville,NC 27835
Dear Mr. Johnson:
You have our approval,in accordance with the conditions listed below,for the following impacts for the purpose of
replacing Bridge No.3 over the Norfolk Southern Railroad on US 17 Business in Beaufort County:
Wetland Impacts in the Tar-Pamlico River Basin
Wetland Wetland Wetland Wetland
Site Fill Fill
Bridge No.3 Permanent Temporary Excavation Hand Total (ac)
(ac) (ac)
(ac) Clearing(ac)
Total impacts
approved with the 1.01 -- 0.03 0.39 1.43
original Certification
Additional impacts
approved with this -- 0.20 -- -- 0.20
modification at Site 6
Total I 1.01 0.20 I 0.03 I 0.39 I 1.63
The project shall be constructed in accordance with your modified application dated received September 23,2021.
All the authorized activities and conditions associated with the original Water Quality Certification dated
January 8,2019 still apply except where superseded by this certification. After reviewing your application,we
have decided that these additional impacts are covered by General Water Quality Certification Number 4140. This
certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers.In addition,you should
acquire any other federal, state or local permits before you proceed with your project including(but not limited to)
Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application(unless modified below).
Should your project change,you must notify the 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 total wetland fills for this project(now or in the future)exceed one acre,or of total
impacts to streams(now or in the future)exceed 300 linear feet,compensatory mitigation may be required as
described in 15A NCAC 2H.0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.0259.For this approval to remain valid,you must adhere to the conditions listed in
the attached certification(s)and any additional conditions listed below.
Condition(s)of Certification:
North Carolina Department of Environmental Quality Division of Water Resources
v � p+ �, 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID:CD8DB5CA-AEDC-4354-B3C7-EBAA21CA7A0A
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 January 8,2019 still apply except where
superseded by this certification.
2. The post-construction removal of any temporary fill at Site 6 must return the project site to its preconstruction
contours and elevations. The impacted areas shall be revegetated with appropriate native species including woody
species where appropriate. [15A NCAC 02H.0506(b)(2)
3. Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact
area at Site 6 from re-attaining jurisdictional wetland status;the permittee shall provide an update on the wetland
areas temporarily impacted by the temporary fill. This update shall be conducted two growing seasons after
completion of the work 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(b)(2)and(b)(3)]
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)]
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 F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions,please contact Garcy Ward at(252)946-6481or garcy.ward@ncdenr.gov.
c0Eocu—Signed by:
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9C9886312DCD474...--tor
Division of Water Resources
Electronic copy only distribution:
Tom Steffens,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
E — North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
134•` 1"NMI. 1"°m. 919.707.9000