HomeMy WebLinkAbout20110984 Ver 2_Approval Letter_20160506Warc�r J.'c�sou;�ces
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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
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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