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HomeMy WebLinkAbout20130472 Ver 5_Approval Letter_20150327� ��� � ��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 27, 2015 Brunswick County NCDWQ Project No. 13-0472v.5 Widening of US 17-74-76/ NC 133 TIP Project No. R-3601 MODIFICATION to APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS. 1VIr: 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 associated with the widening of US 17-74-76/NC 133 from NC 133 (River Road)/SR 1472(V illage Road) interchange to the US 421/NC 133 Interchange in Brunswick County: l Wetland Im acts in the Ca e Fear River Basin (ri arian) Station Fill Fill Excavation Excavation Mechanized Hand Total � (ac) (temporary) (ac) (temporary) Clearing Clearing Wetland � (ac) � (ac) � (ac) (ac) Impact (ac) Original approved impacts at Site 10 (Sta. -LLT- 111+79 to 113+14 RT 0.14 0.03 0 0 0 0.10 0.27 -LRT- 112+37 to 114+59) Revised impacts with this approval at Site 10 (Sta. -LLT- ]] 1+79 to 113+14 0.14 0.03 0.01 0.03 � 0 0.11 0.32 RT -LRT- 112+37 to 114+59) Revised Total 0.14 0.03 0.01 0.03 0 0.11 0.32 rota� xevisea wettana impacts tor ��te iu: u.sl acres. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer O en Water rivers) Im acts in the Site Location Permanent Fill i Onen Waters (a� Original impacts at Bridges ] 03, 107 & 108 Revised impacts with this approval at Brid�es 103, 107 & 108 TOTAL 0.04 G�II.7 0.05 Fear River Basin Temporary Fill in Open Waters (ac) 0.02 0.04 0.04 Total Revised Open Water Impact for Project: 0.09 acres. Total Fill in Open Waters (ac) 0.06 0.09 0.09 The project shall be constructed in accordance with your application dated received March 13, 2015 and revisions received on March 25, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3891 and 3884. This certification corresponds to the Nationwide Permit 23 and Nationwide Permit 12 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 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 Certitication: Project Specific Conditions 1. Material temporarily excavated for bridge construction shall be stockpiled in an upland area and placed back into the excavated area in a manner that restores the original grade and soil profile with the organic/root layer on top. [15A NCAC 02H.0506(b)(2) and (b)(3)] 2. All of the authorized activities and written conditions of the certification associated with the original Water Quality Certification dated May 15, 2013 and subsequent modification dated July 14, 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 S:OOpm, except for official state holidays. The original and one (1) copy ofthe 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. Sam M. Hayes, 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, C�'�l,/ � 1' oJ S. Jay Zimmerman 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 Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Steve Sollod, NC Coastal Management Steven Lane, NC Coastal Management NC Division of Water Resources Raleigh Central Office File Copy r ��� �+�� NCDENR , North Carolina�Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Donald R. van der Vaart Secretary Certificate of Completion Upon completion of all wark 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 NCDWR by the applicant, the applicant's authorized agent, or the project engineer. [t 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: Date: Engineer's Certifcation Partial Final 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www:ncdenr.gov An Equal Opportunity 1 Affirmative Action Empioyer