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HomeMy WebLinkAbout20110984 Ver 2_Approval Letter_20160506Warc�r J.'c�sou;�ces LNVIRONh'EfJ I AL OU!`�L� i Y' Mr. Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY c�„��•,�,�,�Y DONALD R. VAN DER VAART May 6, 2016 .�<-�����•��,���� S. JAY ZIMMERMAN Uirr.�iar� Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed replacement of Bridges No. 12, 18 & 42 on NC 1 1 over the Cape Fear River and Overflow in Bladen County, Federal Aid Project No. BRSTP-001 1(9), State Project No. 33395.2.2 TIP B-4028 NCDWR Project No. 201 10984 v. 2 Dear Mr. Harris: Attached hereto is a modification of Certification No. 3876 issued to The North Carolina Department of Transportation (NCDOT) dated January 11, 2012 If we can be of further assistance, do not hesitate to contact us. Sincerely, '�,� ( . ��. �J�� y��,_ ` S.�ay Zimmerman, D�rector Division of Water Resources Attachments Electronic copy only distribution: Liz Hair, US Army Corps of Engineers, Wilmington Field Office Jim Rerko, Division 6 Environmental Officer Rodger Rochelle, NC Department of Transportation Colin Mellor, NC Department of Transportation Chris Rivenbark, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission File Copy State of North Carolina IEnvironmental Quality ; Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone:919-807-6300 Modification to the 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 and 15A NCAC 2B. This certification authorizes the NCDOT to impact an additiona10.04 acres' open water and 100 lf. of bank stabilization in Bladen County. The project shall be constructed pursuant to the modification dated received May 3, 2016. The authorized impacts are as described below: O en Water River Im acts in the Ca e Fear River Basin Site Permanent Fill in Temporary Fill in Total Fill in Open Open Waters (ac) Open Waters (ac) Waters (ac) Original approved impacts at Sta. 22+65-L- to 39+90- L- (1236 ft. Bridge) 0.67 0 0.67 New additional impacts at Sta. 22+65-L- to 39+90-L- (1236 ft. Bridge) (Bent 2) 0.01 0 0.01 Total 0.68 0 0.68 Site Total Revised Open Water Impact for Sta. 22+65-L- to 39+y0-L- (1236 ft. Bridge): 0.68 acres. Total Revised Open Water Impact for Project: 1.75 acres Stream Im a Permanent Temporary Fill in Fill in Intermittent Intermittent Stream Stream (linear ft.l (linear ft.) in the Capf Permanent Fill in Perennial Stream Fear River Basin Temporary Bank Fill in Stabilization Perennial (linear ft.) Stream (linear ft.) Total Stream Stream Impacts Impact Requiring (linear ft.) Mitigation New impacts at �Sta. 0 0 0 0 100 l00 24+00 -L- (Bent 1) Total 0 0 0 0 100 100 Total Stream Impact for Project: 1001inear feet. The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River in conjunction with the proposed development 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 May 3, 2016. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated January 11, 2012 still apply except where superceded by this certification. Should your project change, you are required to 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. Condition(s) of Certitication: 1. Add Project Specific Conditions 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 January 11, 2012 still apply except where superseded by this certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 ar CAMA permit. 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 f led 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 DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 6th day of May 2016 DIVISION OF WATER RESOURCES C;�' V � �� S. Jay Zimmerman, Director � WQC No. 3876 Water Resources ENVIRONMENTAL �UALITY NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: PAT MCCRORY � DONALD R. VAN DER VAART .Sccr'crcn�r S. JAY ZIMMERMAN � 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. Applicant's Certifrcation 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 Certifrcation 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 Certifrcation Partial Final 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 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 State of North Carolina IEnvironmental Quality ' Water Resources 1617 Mail Service Cenier, Raleigh. North Carolina 27699-1617 Phone 919-807-6300