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Home My WebLink About20211838 v.2 approval letterDocuSign Envelope ID: 94274A6C-FF98-4E64-BB9E-E2530098D633 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Paul Williams NCDOT Division 1 113 Airport Drive Edenton, NC 27932 NORTH CAROLINA Ertlrtronmertial Quality March 24, 2023 DWR # 20211838 v.2 Martin County Subject: MODIFICATION of APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS NCDOT TIP # R-4705, Martin County Dear Mr. Williams: You have our approval for the impacts listed below for the purpose described in your modification request dated received by the Division of Water Resources (Division) February 2, 2023, and additional information dated received March 23, 2023. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 198200031 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions listed below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Wetland Impacts at Sites 4 and 6 approved with Original Certification Site Fill Mechanized Hand Clearing Total Wetland (ac) Clearing (ac) Impact (ac) (ac) 4 0.21 -- 0.26 0.47 6 0.04 -- 0.06 0.10 Total 0.25 -- 0.32 0.57 } North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 D. P0 r��919.707.9000 DocuSign Envelope ID: 94274A6C-FF98-4E64-BB9E-E2530098D633 Wetland Impacts at Sites 4 and 6 approved with this Modification Site Fill (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) 4 0.23 -- -- 0.38 0.61 6 0.09 -- -- 0.12 0.21 6A 0.01 -- 0.03 0.02 0.06 6B 0.02 -- -- 0.04 0.06 Total 0.35 -- 0.03 0.56 0.94 Difference +0.10 -- +0.03 +0.24 +0.37 This approval is for the purpose and design described in your application received by the Division February 2, 2023. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions below, you must notify the DWR Transportation Permitting Branch within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated with the original Water Quality Certification dated March 14, 2022 and subsequent modifications still apply except where superseded by this certification. This modification resulted in an additional 0.13 ac of permanent wetland impacts. The area impacted by excavation has been restored, therefore additional compensatory mitigation for 0.10 acres of wetland is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated March 23, 2023 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a D, E} North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 �--��` 919.707.9000 DocuSign Envelope ID: 94274A6C-FF98-4E64-BB9E-E2530098D633 discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Garcy Ward at 252-948-3917 or garcy.ward@ncdenr.gov if you have any questions or concerns. RST* Sincerely, EDOCUSIgned by: 0 4,(,L�tY�fUf� 9C9886312DCD474_. Richard E. Rogers, Jr., Director Division of Water Resources Kyle Barnes, USACE Washington Regulatory Field Office Beth Harmon, Division of Mitigation Services Garcy Ward, NC Division of Water Resources, Washington Regional Office File Copy � D-W QM �� 1 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000