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Home My WebLink About20200064 v.2 IC approval letter.docx DocuSign Envelope ID:393092F1-29BA-42BO-ACCO-OF441AADA4BB I .. ROY COOPER :} Governor ELIZABETH S. BISER Secretary °°" * RICHARD E. ROGERS, JR. ALLI rY Director Enleoro NORTH June 29,2022 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 proposed road shoulder stabilization along NC 615 (Marsh Causeway)in Currituck County. NCDWR Project No.20200064 v.2 Dear Mr.Williams: Attached hereto is a copy of Certification No.WQC004977 issued to The North Carolina Department of Transportation(NCDOT)dated June 29,2022. If we can be of further assistance,do not hesitate to contact us. Sincerely, DocuSigned by: 4 ,(� I'll 312DCD474... Ric arA E.Rogers,Jr.,Director Division of Water Resources cc: Kyle Barnes,US Army Corps of Engineers,Washington Field Office Greg Daisey,NC Division of Coastal Management Cathy Brittingham,NC Division of Coastal Management Steve Trowell,NCDOT,Division 1 Garcy Ward,NC Division of Water Resources,Washington Regional Office File Copy D—E North Carolina Department of Environmental Quality I Division of Water Resources n« �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID:393092F1-29BA-42BO-ACCO-OF441AADA4BB 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 211.0500. This certification authorizes the NCDOT to permanently impact an additional 0.004 acres of coastal wetlands in Currituck County. The project shall be constructed pursuant to the application dated received June 27,2022. The authorized impacts are as described below: Coastal Wetland and Open Water Impacts Site-NC 615 Coastal Wetland Open Water Fill Fill ac Permanent ac Impacts approved with the 0.008 0.91 original certification Additional impacts approved with this 0.004 0 modification Total 1 0.012 1 0.91 The application provides adequate assurance that the discharge of fill material into wetlands and waters associated 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 application dated received June 27, 2022. 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 wetland impacts,or stream impacts,for this project(now or in the future)exceed one acre or 300 linear feet,respectively,additional compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). 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. This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the Division may inspect the property. 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 January 21,2020 still apply except where superseded by this certification. 2. This Certification is associated with the Regional General Permit 1980000291 issued by the Corps of Engineers. 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 an—a L" �� 919.707.9000 DocuSign Envelope ID:393092F1-29BA-42BO-ACCO-OF441AADA4BB 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)] 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. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality.Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143- 215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations (CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH) within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 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 an—a L" �� 919.707.9000 DocuSign Envelope ID:393092F1-29BA-42BO-ACCO-OF441AADA4BB If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This the 291 day of June,2022 DIVISION OF WATER RESOURCES E DOCUSigned by: 9C9866312DCD474... Richard E.Rogers,Jr.,Director WQC No.004977 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 an—a L" �� 919.707.9000