HomeMy WebLinkAbout20200220 Ver 1_20200220 approval letter V.3.docx_20210228 DocuSign Envelope ID: DFCA4681-B149-444A-BFB3-A0B432157956
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ROY COOPER r
Governor
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ELIZABETH S. BISER ilryi
Secretary i"
S. DANIEL SMITH NORTH CAROLINA.
Director Errwrronmerrtaf Q!Grlly
February 28,2022
Pitt County
NCDWR Project No.20200220 v.3
Bridge No. 87 on NC 33
TIP B-5301
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr. Chris Rivenbark
Environmental Analysis Unit
North Carolina Depatliuent of Transportation
1598 Mail Service Center
Raleigh,NC 27699-1598
Dear Mr.Rivenbark:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge No. 87 over the Norfolk Southern railroad on NC 33 in Pitt County:
Wetland Impacts in the Tar-Pamlico River Basin
Wetland Fill Wetland Fill Wetland Wetland Wetland Total(ac)
Site (ac) Temporary Excavation Mechanized Hand
(ac) (ac) Clearing(ac) Clearing(ac)
Original
approved 0.679 -- -- 0.067 0.258 1.004
impacts at
Site 1
Impacts
approved
with this 0.679 0.021 0.026 0.055 0.223 1.004
modification
at Site 1
Difference I -- I +0.021 I +0.026 I -0.012 -0.035 _ 0
The project shall be constructed in accordance with your modified application dated received January 19,2022. All
the authorized activities and conditions associated with the original Water Quality Certification dated April 15,
2020 and reissuance dated May 6, 2021 still apply except where superseded by this certification. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Regional General Permit 201902350 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
. .111m -u ) North Carolina Department of Environmental Quality Division of Water Resources
� y 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: DFCA4681-B149-444A-BFB3-A0B432157956
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:
1. This modification is applicable only to the additional proposed activities at Site 1. All of the authorized activities
and conditions associated with the original Water Quality Certification dated April 15,2020 and reissuance dated
May 6,2021 still apply except where superseded by this certification.
2. All wetlands impacted by the placement of temporary fill or clearing activities shall be returned to natural
conditions. The impacted areas shall be restored to the original grade and revegetated with appropriated native
species by the end of the growing season following construction. [15A NCAC 02H.0506(b)(2)and(c)(2)]
3. 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)948-3917 or garcy.ward@ncdenr.gov.
Sincerely,
by:
[DocuSigned
� ,LCW
,
9C9886312DCD474...
J.Laniei Jmitn,Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens,US Army Corps of Engineers,Washington Field Office
Jay Johnson,Division 2 Environmental Officer
Garcy Ward,NC Division of Water Resources Washington Regional Office
-.0"1"--- � North Carolina Department of Environmental Quality Division of Water Resources
__ " 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
�` I"�` 1 °�� 919.707.9000