20141169 Ver 1_Approval Letter_20150408

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
April 8, 2015
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center .
Raleigh, North Carolina, 27699-1548
Donald R. van der Vaart
Secretary
Subject: Correction to the 401 Water Quality Certification for the proposed improvements to US 17 from south of
Belgrade at SR 1330/SR1439 to the New Bern Bypass in Onslow, Jones, and Craven Counties, TIP R-
2514 B, C, & D.
NCDWR Project No. 20141169v1
NCDWR Certification No. 004012
Dear Mr. Hancock:
This letter is in regards to the 401 Water Quality Certification (WQC) issued on March 2, 2015 for improvements to
US 17 in Onslow, Jones, and Craven Counties (DWQ Project No. 20141169; WQC No. 004012). Condition No. 15 of
the WQC contains the following language:
"The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) as described below [ I SA NCAC 02H.0506(b)(2) and 15A NCAC 04B.
0125):
a. Due to the anadromous fish spawning area, no in-water work is permitted in the Trent River
between February 15 and July 15 of any year, without prior approval from the NC Division of
Water Resources and the National Marine Fisheries Service. In addition, the permittee shall
conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish
Passage (May 12, 1997) at all times.
b. Due to the Inland Primary Nursery Area designation, no in-water work is permitted in the White
Oak River between February 15 and September 30 of any year, without prior approval from the
NC Division of Water Resources and the NC Wildlife Resources Commission."
Subsequent to the issuance of the initial 401 WQC on March 2, 2015, it was brought to our attention that, due to
anadromous fish spawning, the in-water work moratorium for the Trent River should be between February 15 and June
15 of any year and not February 15 to July 15 of any year as stated in the original 401 WQC. The in-water work
moratorium dates stated in the original 401 WQC for the White Oak River remain unchanged. Therefore, Condition I S
is revised as follows:
"The permittee will need to adhere to all appropriate in-water work moratoria (including the use of pile
driving or vibration techniques) as described below [15A NCAC 02H.0506(b)(2) and 15A NCAC 04B.
0125]:
a. Due to the anadromous fish spawning area, no in-water work is permitted in the Trent River
between February 15 and June 15 of any year, without prior approval from the NC Division of
Water Resources and the National Marine Fisheries Service. In addition, the permittee shall
conform to the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish
Passage (May 12, 1997) at all times.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 Affrmative Action Employer

b. Due to the Inland Primary Nursery Area designation, no in-water work is permitted in the White
Oak River between February 15 and September 30 of any year, without prior approval from the
NC Division of Water Resources and the NC Wildlife Resources Commission."
Please attach a copy of this letter with any copies of the original Water Quality Certification. All other conditions
written into the previous Water Quality Certification for this project dated March 2, 2015 still apply except where
superseded by this correction. We are sorry for any inconvenience this may have caused. If you have any questions
please contact David Wainwright at [phone] or [e-mail].
Sincerely,
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S. Jay Zimerman, Director
Division of Water Resources
Electronic copies:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Gordon Cashin, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittingham, NC Division of Coastal Management
Garcy Ward, NC Division of Water Resources Washington Regional Office
File Copy