20050785 Ver 12_Approval Letter_20090415

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen I-1. Sullins Dee Freeman
Governor Director Secretary
April 15, 2009
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Response to the request for modification of 401 Water Quality Certification No. 3527 for
improvements to US 17 in Beaufort County, Federal Aid Project No. MAF-75-3 (26),
TIP R-2510B. DWQ Project No. 20050785 v.11, v.12
Dear Dr. Thorpe
NCDWQ has reviewed the study plan that was submitted by NCDOT via e-mail on April 14, 2009 as
required in the Modification of 401 Water Quality Certification No. 3527 issued on February 20, 2009.
The study plan, prepared by East Carolina University, titled "Assessing the Effects of Bridge Construction
Pile Driving Events on Anadromous Fish Species: NCDOT TIP Project R-2510B, Washington By-Pass"
and dated revised April 8, 2009 has been approved by the Division and is considered sufficient in satisfying
condition 2 of the aforementioned Certification.
Therefore, NCDOT and its contractor Flatiron United are authorized to continue in-water pile driving
operations during the moratorium on a limited basis and under the conditions specified in the Modification.
This approval letter automatically extends the April 30, 2009 deadline stated in Condition 4 to include the
entire moratorium period during which the study in being conducted. Please be reminded that if target
mortalities of any of the fish species listed in Condition 5 of the Modification are observed, then all in-
water work must cease pending further evaluation by the Division. For this approval to remain valid,
NCDWQ requires the weekly submittal ofa report detailing any observed fish mortalities.
If we can be of further assistance, do not hesitate to contact us.
S1, ely,
Coleen H. Sullins
Director
Attachments
cc: Mr. William Wescott, Corps of Engineers, Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 27604
Mr. Stephen Lane, DCM, Morehead City
Mr. Travis Wilson, NCWRC, 1142 1-85 Service Rd, Creedmoor, NC 27522
Mr. Louis Daniel, NCDMF, P.O. Box 679, Morehead City, NC 28557
Mr. Garcy Ward, WaRO DWQ
File Copy
North Carolina Division of Water Quality Internet: www.ncwateraualitv.ore One
943 Washington Square Mall Phone: [phone] NorthCarollna
Washington, NC 27889 FAX [phone] T7aFutral/y
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