HomeMy WebLinkAbout20140045 Ver 2_Approval Letter_20150508Pat McCrory
Governor
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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except where superceded by this certification After reviewing your application, we have decided that these impacts are covered by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