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HomeMy WebLinkAbout20130987 Ver 3_Approval Letter_20141217A�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary December 17, 2014 Pender/New Hanover County NCDWQ Project No. 13- 0987v.3 Bridges 4 on SR 1002 TIP Project No. B -4591 MODIFICATION to APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS Mr: 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 "after the fact" approval, in accordance with the conditions listed below, for the following impacts associated with the replacement of Bridges 4 over Island Creek on SR 1002 in Pender/New Hanover County: Revised'Stream Impacts in the Cape Fear River Basin Site Permanent Temporary Permanent Temporary Total Stream Fill in Fill in Fill in Fill in Stream Impacts Intermittent Intermittent Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation (linear ft ) (linear ft) (linear ft) (linear ft) linear ft) Original approved impacts at Site 2 (Sta. 18 +39 to 19 +38 -L- ) 0 0 0 61 61 0 Revised impacts with this approval at Site 2 (Sta. 18 +39 to 19 +38 -L -) 0 0 16 61 77 0 Revised Total 0 0 16 61 77 0 Revised Total Stream Impacts for Site 2: 77 linear feet. The project shall be constructed in accordance with your application dated received December 15, 2014 including the revised information received on December 16, 2014. After reviewing your application, we have decided that the "after the fact" impacts are covered by General Water Quality Certification Number 3891. 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 150 linear feet, compensatory mitigation may be required as 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Phone: 919 - 807 -63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer described in 15A NCAC 2H .0506 (h) (6) and (7). 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 "after the fact' modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated October 18, 2013 and modification dated September 24, 2014 still apply except where superseded by this certification. 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:OOam and 5:OOpm, 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 Mason Herndon at (910)308 -4021 or mason.herndon @ncdenr.gov. Sincerely, t11�1 4c Tho as A Reede , Director Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Stoney Mathis, Division 3 Environmental Officer Colin Mellor, NC Department of Transportation Chris Rivenbark, NC Department of Transportation Travis Wilson, NC Wildlife Resources Commission Stephen Lane, NC Coastal Management Steve Sollod, NC Coastal Management Beth Harmon, Ecosystem Enhancement Program NC Division of Water Resources Raleigh Central Office File Copy