HomeMy WebLinkAbout20130472 Ver 6_Approval Letter_20150915Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
September 15, 2015
Brunswick County
NCDWR Project No. 13-0472 v.6
Widening of US 17-74-76/NC 133
TIP Project No. R-3601
MODIFICATION to APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL
CONDITIONS
Mr. Colin Mellor, Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Mellor:
Yoi3 hav� �Ur :���ro-: al, �n ad�ordan�e with t�� conditie;zs lisLeci bel��v, f:�r t1��� �allcwir.g ma�'i�ied impacts f�r the
purpose of widening of US 17-74-76/NC 133 from NC 133 (River Road)/SR 1472 (Village Road) Interchange to the
US 421/NC 133 Interchange in Brunswick County:
Wetland Im acts in the Ca e Fear River Basin (ri arian)
Station Fill Fill Excavation Excavation Mechanized Hand Total
(ac) (temporary) (ac) (temporary) Clearing Clearing Wetland
(ac) (ac) (ac) (ac) Impact
(ac)
Approved impacts at Site 10 (Sta. -
LLT- 111+79 to 113+14 RT 0.14 0.03 0.01 0.03 0 0.11 0.32
-LRT- 112+37 to 114+59)
Revised impacts with this approval at
Site 10 (Sta. -LLT- 111+79 to 113+14 0.14 0.05 0.01 0 0 0.15 0.35
RT -LRT- 112+37 to 114+59)
Revised Total 0.14 0.05 0.01 0 0 0.15 0.35
Total Revised Wetland Impacts for Site 10: 0.35 acres.
1617 Maii Service Center, Raleigh, Norih Carolina 27699-1617
Phone 919-807-63001 Internet wvdw ncdenr.gov
An Equal Opportunity `: Aff rmative Action Fmployer
O en Water (rivers) Im acts in the Ca e Fear River Basin
Site Location Permanent Fill in Temporary Fill in
Ooen Waters (acl Onen Waters (acl
Approved impacts at Bridges 103,
107 & 108
Corrected impacts with this
pproval at Brid�es 103, IU7 & 108
0.05
U.04
0.04
0.05
TOTAL � 0.04 � 0.05 �
Total Revised Open Water Impact for Project: 0.09 acres.
Total Fill in Open
Waters (ac)
0.09
0.09
0.09
The project shall be constructed in accordance with your modification request dated September 10, 2015. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3891. This certification corresponds to the Nationwide Permit 23 issued by the Corps of Engineers. In
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 application (unless modified below).
Should your project change, you must notify the 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 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 and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
?. All of the auth�riz�d acti�ities and writtPn �enditi�ns of the c�:-tifie�tion �ssociate� w:th the original Water
Quality Certification dated May 16, 2013 and subsequent modification dated July 14, 2014 and March 27,
2015 still apply except where superseded by this certification.
2. Temporary fill placed in wetlands at Site 10 shall be placed on geotextile fabric, removed in its entirety and
the natural grade restored upon completion of the project.
If 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. If you
have any questions, please contact Mason Herndon at (910) 308-4021 or mason.herndon@ncdenr.gov.
Sincerely,
...�-:---� , '—'
� ,
;,� G� -
/
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Unit
Chris Rivenbark, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
NC Division of Water Resources Raleigh Central Office
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