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Home My WebLink About20140591 Ver 2_Approval Letter_20140915NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory John E. Skvarla, III Governor Secretary September 15, 2014 Lenoir County DWR Project No. 20140591 v.2 TIP B -4565 Bridges Nos. 42,43,26,28 MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 Dear Mr. Hancock: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge Numbers 42 and 43 over the Neuse River and Bridge Numbers 26 and 28 over the Neuse River overflow in Lenoir County: Wetland Impacts in the Neuse River Basin Site Number Wetland Fill - Bridge (ac) Wetland Fill - Utilities ac Wetland Temp Fill - Bridge (ac) Wetland Excavation - Bridge (ac) Wetland Excavation - Utilities ac Wetland Mechanized Clearing - Bridge (ac) Wetland Hand Clearing - Utilities (ac) 1 <0.01 0.02 <0.01 2 0.06 0.02 0.06 0.13 3 0.02 0.02 <0.01 4 <0.01 <0.01 1.18* 5 0.05 6 <0.01 <0.01 0.41 * Total 0.09 0.01 0.02 0.01 0.01 0.10 1.79 Net Total 0.10 0.02 0.02 0.10 1.79 Project Total 2.03 *This modification authorizes additional hand clearing impacts at sites 4 and 6. Transportation and Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699 -1617 Location 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity 1 Affirmative Action Employer Phone: 919 - 707 -63001 FAX 919 - 733 -1290 Internet: www.ncwater.org Page 2 of 3 This approval is only valid for the purpose and design that you submitted in your modified application dated received August 8, 2014. All the authorized activities and conditions associated with the original Water Quality Certification dated June 24, 2014 still apply except where superseded by this certification.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 Numbers 3891 and 3884. These certifications correspond to the Nationwide Permits 23 and 12 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213 .0233). 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 DWR 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 150 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 .0242(9). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 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, 2014 and subsequent modifications still apply except where superseded by this certification. A copy of this Water Quality Certification shall be maintained on site at 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. 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 DENR as follows: Mr. John Evans, General Counsel Department of Environment and Natural Resources 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 -3922 or garcy.ward @ncdenr.gov for �Sincerely,'�j� homas A. Reeder Attachments (General Certification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, NC DOT Div. 2, electronic copy Garcy Ward, DWR, Washington Regional Office File Copy Page 3 of 3 DWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 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 Resources, 1617 Mail Service Center, Raleigh, NC, 27699 -1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. 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 1, 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: Engineer's Certification Date: Partial Final 1, , 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 Date Registration No.