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HomeMy WebLinkAbout20140045 Ver 2_Approval Letter_20150508Pat McCrory Governor ���,'�� ���� NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary May 8, 2015 Pasquotank County DWQ Project No. 20140045 v.2 TIP BD-51010 Bridge No. 55 MODIFICATION of APPROVAL of 401 WATER QUALITY CERT[FICATION with ADDITIOIYAL CONDITIONS Mr. Clay Willis NCDOT, Division One 1 13 Airport Drive, Suite l00 Edenton, NC 27932 Dear Mr. Willis: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge Number 55 over an unnamed tributary to Newland Drainage Canal on SR 1354 (Milipond Rd) in Pasquotank County: Wetland Impacts in the Pasquotank River Basin Wetland �'�'etland Wetland Bridge 55 Fill (ac) Excavation Hand Clearin (ac Clearin (ac) Original impacts 0.058 0.004 0.076 authorized Impacts authorized with 0 0 0.007 this modification Total 0.058 0.004 0.083 Net Total Impacts 0.145 This approval is only valid for the purpose and design that you submitted in your modified application dated received May 6, 2015. All the authorized activities and conditions associated with the original Water Quality Certification dated February 27, 2014 still apply except where superceded by this certification After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. [n 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 applica±ion (unless modified below). Shoulc� you!- project change, you must notify the DWR and submit a new application. If the properiy is sold, the new owner must be given a copy of this Transportation and Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Location: 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunily 1 Affrmative Action Employer Phone: 919-707-63001 FAX: 919-733-1290 Internet: www.ncwater.orq Page 2 of 3 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. - 1. This modification only authorizes an additional 300 square feet of hand clearing in wetlands as needed for the installation of two temporary utility poles. All of the authorized activities and conditions of the certification associated with the original Water Quality Certification dated February 27, 2014 and subsequent modifications still apply except where superceded by this certification. 2. A copy of this Water Quality Certification shall be maintained on site at 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. [ I SA NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] [f 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 of the 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. [f you have any questions, please contact Garcy Ward at (252) 948-3917 or garcy.ward@ncdenr.gov Sincerely, i' ,� t �1 �J�,G-�r�, %�-r �- for S. Jay Zi merman, D�rector ' Division of Water Resources Attachments (General Certification and Certificate of Completion form) cc: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office Greg Daisey, DCM, Elizabeth City Cathy Brittingham, DCM, Raleigh Garcy Ward, DWR, Washington Regional Office File Copy , Page 3 of 3 DWR Project No.: County: Applicant: Project IYame: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon coinpletion of al) work 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 DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , 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 Certification Partial Final I, , as a duly r�gistered Professional Engineer in the State of North Carolina, hav;ng 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 Registration No. Date