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Home My WebLink About20181530 IC v.4 approval letternnrii�Qinn Fn\/PlnnP in. R1F9d9R9_(`n75_d3R('_R97F_1dF5?39R93('7 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Enlrl'ronmertfrrl Quality July 25, 2023 Mr. Jason Dilday Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed replacement of Bridge No. 3 over the Norfolk Southern Railroad on US 17 Business in Beaufort County. TIP B-5302. NCDWR Project No. 20181530 v.4 Dear Mr. Dilday: Attached hereto is a modification of Certification No. WQC005706 issued to The North Carolina Department of Transportation (NCDOT) dated July 25, 2023. If we can be of further assistance, do not hesitate to contact us. Sincerely, Lu�ouuoLigned by:zK s, Jr., Director Division of Water Resources cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, Division 2 Environmental Officer Chris Rivenbark, RK&K, crivenbark(a)rkk.com Beth Harmon, NC Division of Mitigation Services Garcy Ward, NC Division of Water Resources, Washington Regional Office File Copy North Carolina Department of Environmental Quality I Division of Water Resources n~ �� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 816242B1-CD75-438C-B17F-1465231B23C7 Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT for an additional 0.28 acres of permanent wetland impacts in Beaufort County. The project shall be constructed pursuant to the modified application dated received July 7, 2023. The authorized impacts are as described below: Wetland Impacts in the Tar -Pamlico River Basin Wetland Total Wetland Fill Fill Wetland Wetland Site Excavation Hand (ac) Temporary (ac) Clearing (ac) ac 1- Roadway/Bridge 0.56 0.20 -- 0.39 1.15 — original impacts Additional impacts approved with this -- -- -- -0.28 -0.28 modification Total 0.56 0.20 -- 0.11 0.87 1 — Utilities — original impacts 0.45 -- 0.03 -- 0.48 Additional impacts approved with this 0.14 -- 0.14 -- +0.28 modification Total 0.59 -- 0.17 -- 0.76 Net Total for ro'ect 1.63 The application provides adequate assurance that the discharge of fill material into wetlands and waters of the Tar - Pamlico Basin in conjunction with the proposed activity will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified application dated received July 7, 2023. Should your project change, you are required to notify NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one -tenth of one acre or 300 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 211.0506 (c) (2) and (4). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the 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 an— a L " �� 919.707.9000 DocuSign Envelope ID: 816242B1-CD75-438C-B17F-1465231B23C7 Division may inspect the property. Condition(s) of Certification: 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated with Water Quality Certification No. WQC005706 dated March 29, 2023 still apply except where superseded by this certification. Compensatory mitigation for impacts to an additional 0.28 acres of wetlands is required at a 2:1 ratio. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Service (DMS), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated July 7, 2023 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. 3. 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 Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. 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 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. 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 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 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 150B 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 150B 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. 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 an— a L " �� 919.707.9000 DocuSign Envelope ID: 816242B1-CD75-438C-B17F-1465231B23C7 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 the 25' day of July 2023 DIVISION OF WATER RESOURCES DocuSigned by: Q� C� Richar .1KWg A346E-Director WQC No. 005706 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 an— a L " �� 919.707.9000