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Home My WebLink About20140723 Ver 2_Approval Letter_20141218w VWA 4 NCDE North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary January 16, 2015 Carteret County DWR Project No, 20140723 v.2 'riP B-4722B Bridge No. 33 MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Richard W. Hancock, P.P., 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 Number 33 over the North River on US 70 in Carteret County: Wetland and Open Water Impacts in the White Oak River Basin This approval is only valid for the purpose and design that you submitted in Your modified application dated received December 18, 2014, All the authorized activities and conditions associated with the original Water Quality Certification dated August 15, 2014 still apply except where superceded by this certification, After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3891,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. Transportation and PermiHing Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Location: 512 N. Salisbury St Raleigh, NC 27604 An Equal Opportunity k Affirmative Action Employer Phone: 919-707-6300 1 FAX: 919-733-1290 internet www.ncwater.o(Q Wetland Wetland Open Open Water Bridge 33 Fill Hand Water Temporary (ac) Clearaeing (ae) (ac) () Original Impacts 0.03 0.04 0.58 0.56 authorized Amount authorized with 0 0 0.01 01 this modification Total 0,03 0.04 0.59 0.56 Net'll'otal 0.07 1.15 This approval is only valid for the purpose and design that you submitted in Your modified application dated received December 18, 2014, All the authorized activities and conditions associated with the original Water Quality Certification dated August 15, 2014 still apply except where superceded by this certification, After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3891,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. Transportation and PermiHing Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Location: 512 N. Salisbury St Raleigh, NC 27604 An Equal Opportunity k Affirmative Action Employer Phone: 919-707-6300 1 FAX: 919-733-1290 internet www.ncwater.o(Q Page 2 of 3 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 now 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. I . This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of the certification associated with the original Water Quality Certification dated August 15, 2014 and subsequent modifications still apply except where superceded by this certification. 2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. in addition, tile 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 all 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 5:00prn, 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 Darcy Ward at (252) 948-3917 or gat-cy.wai-d@ncdeilr.gov Sill cerely, for S. Jay 7itnmerman, Acting Director Division of Water Resources Attachments (General Certification and Certificate of Completion forth) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, NC DOT Div. 2, electronic copy Stephen Lane, DCM, Morehead City 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 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: Engineer's Certification Partial Final Date: I, , 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.