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
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