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Home My WebLink About20141169 Ver 4_Approval Letter_20160926�nvironmentat Quality Mr. Philip S. Harris, III, P.E., CPM iJab.�ral E�:viron,r_ent Secticn Head Project Developmert and Environme7tal Analysis North Carolina Department of Transportation 1 i94 Mail Service Center Raleigh, Narth Carolina, ?_7699-1598 YA'I' MCCRORY Governor DONALD R. VAN DER VAART Secre?ary JAY ZIMMERMAN i��vR Dirccto� JP�IeTt1L�Qr ?b; ?l) � i,' Sub�ect: Modi_fication to the 401 Water Quality Certification Pursuant to Section 4U1 of the Federal Clean Water A�t with ADDITIONAL CONDIT[ONS for Proposed improvements to US 17in Onslow, Jones, and Craven Counties, TIP R-2514B, C, & D. NCDWR Project No.20�41169 v. 4 Uear Mr. Harris: Attached hereto is a modification of Certification No. 004012 issued to The North Carolina Department of Transportation (NCDOT) dated March 2, 2015 and modifications dated August 4, 2015 and January 27, 2016. If we can be of further assistance, do not hesitate to contact us. Sincere:y, i��,�� -� �� % S. Jay 7.imm�rman, Director �ivision of Water Reso�:rces Attachinr.nu E�ectronic copy only distribution: Tom Steffens, JS f�rnry Corps of Engineers, Washington Field Office Jay Johnsor, Division 2 E7vironmental Officer Rodger Rochelle, NC Department of Trar.sportation �olin ?vizllor, I�'C Department of Transpertation Clu•is Rivenbark, NC Department of Transportation Di. Cynthia Van Der Vb'iele, US Environmeiitai Proteciian Agency Travis W�'�lson, NC Wildlife Resources Commiss:on Step'r.en Lane, NC Division uf Coastal Managemer.t Beth Harmon, Division of Mitigation Services Garcy Ward, NC Divisien of V1Water Res�urces, Washin�ton R.egional Office File �opy �-�=�''N�thi�g �orripares°=.-_r Staie of Narh C_arolinx I E.^�c�ro,imentai ��,iai�� !hi'. vlaii Sen�,c=. i_.�r.ter'. �_aiesg''�. V=�:i?� t�aro.�na�%699.':i;l i 919-707-9000 Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS 'I'I�S �F�d'�IFIC %�T�dQN is issued.ir, cor.formsty ��ith the reqai:�ments of Section 401 Public La;��s 92�500 and 95-217 of the Unite"d 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 additiona125 linear feet of jurisdictional streams in Onslow County. The project shall be constructed pursuant to the modification dated received July 20, 2016 and additional information dated received September 19, 2016 and September 26, �Oi6. The a�th�,�•ized impa�ts are as describeclbel�w: Stream Im acts in �he l�+hite Oak River i3asin Site Perma�►ent Fjil Te�poracy Fil°a Perrnzme:�t 'i'�rnporary iota� Stzea� Strear.� in Intermittent in I�ter�nitteni Fiil in Filj in Impact Impacts Stream (linear Stream (linear Perennial Perennial (linear ft) Requirin� ft) I f�) @tr�a�ea Sta�ear�: (linear Metigatia� � ��ine�r ft) ft} (li�e�r ft) i Original approved _ � impacts at Site 6 I "- - 536 40 576 536 New additional impacts witn this approval at Site -- -- I �� I �� I 6 Total "" -- 561 40 f O 1 561 1'otal �tream impact tor aite d: ouiimear ieei The application provides adequate assurance that the discharge of fill material into the waters of the White Oak River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Star.da:�s un� dis�:�arge gui�e::nes. T:�e.e:ore, th� Statc cfATorth Cz:alina �ertifies t�at t�is activi�}� vri!1 nct vialate �� a�p1aC.'��E: rOFile:�S c� S�ctio:� � 3� �, ��y,.3�,, =n�, 3�►? of �'�, 32.-5��1 a:�� PL. �.`�-217 if �c��aucte� i:� a�c�zci�;z�.e �n�i±h tj�� =�pnl;catien an� conditi�ns heretraftPr set f�,rth. This appro�al is only �a1id foz the purpose and des?gn that you submitted in your modified application dated received Ju1y 20, 2016. All tne autho:ized activ:ties and conditions ef certification associated with the original Water Quality Certification dated March 2, 2015 and modifications dated August 4, 2015 and January 27, 2016 still appiy ex.cept wnere superseded by this �ertificaiion. Should your prc�ject change, yo� are requ?red to notify the NCD��'R ar.d s;:bmit a new app?ication. If the property is so1d, the r.ew o;�aer mcst be biven a cepy of this Certifica�ion and approval letter, and is thereby responsible for complying wiih all the conditioris. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectivzly, additianal 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 fzderal, state or local permits before proceeding v✓ith your project including (but nat limited to) Sediment and Erosion conirol, Coastai Sicorniwater, Non-discharge and Water Supply watershed regulations. This Certification shall �xnire on tne same day as the expiration date of the corresponding Corps �f Engineers Percnit. Condition(s) of Certification: 1. This modification is ap�licaUle only to tiie additional �ropose�l acti-vities in Section T, Site 6. All of the authorized activities and conditions of certification associated w�ith the original ��'ater Quality �erti;icatiori daied iVlarch 2, 2015 and srubsequent modificatior�s dated �ugust 4, 2015, and 3anuary 27, 2016 siill apply except where superseded by this certification. 2. All work in ar adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDUT Construction and Mamtenance Activities manual such as sandbags, rock berms, c�ffer�ams a�d c�the�• diversion str-4ctures shall b� use�i to prever.t excavafi�n in �1c��ing vva��r. �1SA N�AC 02H.USOC(bj�3) and (c;(3)j 3. Compensatory mitigation for an additional 25 linear feet of impact to streams at Site 6 is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to impler.ient the mitib�tion for the rroject. The DMS has indicate� in a let�er dated September 15, 2016 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. 4. Erosion control matting in riparian areas shall not contain a nylon mesh gxid which can impinge and entrap �mall animals. Nlatting sho�ald be secured in place by staples, stakes, or �vherever possible live stakes of native trees. Riparian areas are defined as a distance 25 feet from top of st�eam bank. [15A NCAC 02B.0224, .0225] 5. 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 .OSU6 (b)(2) and �c)(2)] Violations of any condition herein set forth may resuit in revocation of this Certification and may result in criminal znd/or civi: p.,na.ties. Th:s Certificatior. srall be:,om� ai:ll and void unless the above ccndit:ons aze m.ade conditions of the Federa1404 and/or Coastal Area Manageir�ent Act Permit. This Certification shall expire upon the expira±ion of the 404 or CA11RA 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. T'he original and one (1) copy of the petition must be filed with the Office of Administru�ive �Iearings. The �e±ition may be faxed-previded the or.g�nal a*�d ene copy of the doc4mer.t is receive� by the Office of Administrative HEarings within five �5) business days following the faxed transmission. T'he mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service CPnter Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimiie: (319) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, Gene.al Counsel Department of Environmental Quality 1601 Mail Service Cent�r T'his the 26th day of September 2016 DIVISION OF WATER RESOURCES . �S. Jay Zimmertrian, Uirector v WQC No. 004012 Environmerital Quallry "dCDVt�R Project 1\To.: Applicani: Project Name: __ Date uf Issua�ice oi �O1 W�ter Quality �'erti�cation: _ County: PA'I, MCCR(�RY r;,�� F � �,c� UONALD R. VAN DFR VAART `.:cr�ta,,; JAY ZIMMERMAN I)�V'P_ �)�rectr;r Certificate af Corn�letion Upon completion of all �r�ork approved within the 401 Water Quality Certificatian o; a�plicable B�.�ffer Rules, and any subsequent mod�ticatior,s, the app'•.icant is required to return this certificate to the 401 Transpertatio� Permitting Unii, North Carolina Divisian of \`n�ater Reso�arees, l6l? Mail Service Center, Fa►eigh, NC, 2?6�9-161i. This forn� ?T12� bP rPIlA?7t0»� tn T�](`Tl\1VR �Jy t�]? 3�^.nI1�3Pt, thP 3j��1C2P.t'� a�ather�zP� �bPP_�� OI�:�?P rl'Q�eCt ?T�b1T?e%'r. Ti ic I14i recessary te send e�rtificates fr�m all of these. Applicant's Certifrc�tion [, , 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 sunporting materials. Sigr.atare: '�ate: Aoenf's CPtt f��rti�n �, __ , hereby state that, to t_h.e best of my abilities, dus care and diligen�e Nas used in the ebservation cf tne canstruction sucn that the constructian was enserved ta be Cuilt �vithin substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifi�ati�ns, anc� other supporting n�aterials. Signature: Uate: Engineer's Certificatior Partial Final I, , as a duly registered ProfPssional Engin�er in the State� of North Carolina, iiavir►g oezn authorizeu to ooserve (periodicaliy, weekly, full t�rne) ihe construction of the pr�ject ioi the Pe17r►ittee he;eby siate that, to the 'r,es� of n�y abilities, dae care and diligence was used in the observation af t��e construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Qaality Certification and Buffer Ku:es, the approved plans and specificat�ons, and other sup�orting mzterials. Si�RaiUCe ��1STrd?lOri TV`O. _ �'Nc�thir�g Cr�n��ares`"�-_ State o�N•xth C�r�!i,;a i F.r.vi�cnmenial QuaL� � l61 I Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 Date