HomeMy WebLinkAbout20130472 Ver 5_Approval Letter_20150327� ���
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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
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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