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HomeMy WebLinkAbout20150160 Ver 2_Approval Letter_20150922Pat McCrory Governor North Carolina Department of Environmental Quality Donald R. van der Vaart Secretary September 22, 2015 Onslow County NCDWR Project No. 15-0160v.2 NC Highway 53 Improvements State Project No. 41922.1. I TIP No. R-5023B&C MODIFICATION to APPROVAL of 401 WATER QUALITY CERTIF[CATION, with ADD[TIONAL CONDITIONS Ms. Karen Collette, P.E., Division Engineer NCDOT, Division 3 5501 Barbados Blvd. Castle Hayne, N.C. 28429 Dear Ms. Collette: You have our approval, in accordance with the conditions listed below, for the following modified impacts for the purpose of implementing roadway improvements on NC 53 from 0.2 miles west of SR 1214 (Foy Lockamy Rd.) to SR I 1? 6(Onslow Pines Rd. j and at the intersection of N� �3 and SR 1109 �Holly 5nelter Rd.) in Onslow County: Revised Wetland Im acts in the White Uak Kiver tiasin Site Fill Fill Excavation Mechanized Hand Total (ac) (temporary) (ac) Clearing Clearing Wetland (ac) (ac) (ac) Impact (ac) Original approved impacts at Site 6(Sta. - EL- 24+00 to 25+95) 0.04 0 0.06 0.04 0 0.14 Additional impacts with this approval at Site 6(15+75 to 17+60 -L- ) 0.03 0 0.08 0.04 0 0.15 Revised Total 0.03 0 0.08 0.04 0 0.15 Revised Total Wetland Impacts for Site 6: 0.15 acres The project shall be constructed in accordance with your original application dated received February 20, 2015 and the modification request dated September 18, 2015. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 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. [f the property is sold, the 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affrmative Aclion Employer 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 l. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated February 20, 2015 still apply except where superseded by this certification. 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 ofthe 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 alsa be served on DENR as fol;ows: 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, � ������ S. Jay ' erman, Director Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Stony ylathis, t7ivision 3 Environmental Officer Robert Turnbull, Environmental Services, Inc., Raleigh, NC Travis Wilson, NC Wildlife Resources Commission File Copy � North Carolina Department of Environmental Quality Pat McCrory Governor NCDWR Project No.: Appiicant: Project Name: Date of Issuance of 401 Water Quality Certification: county: Donald R. van der Vaart Secretary Certificate of Completion Upon completion of all 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 NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. ApplicanYs 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: Agent's Certifcation 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: Engineer's Certifccation Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having 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 irr 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 Registration No. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Aciion Employer