HomeMy WebLinkAbout20160191 Ver 3_Approval Letter_20170817Envrronmentul
Quality
August 16, 2017
Mr. Jay Johnson
Division 2 Environmental Officer
NCDOT, Division 2
P.O. Box 1587
Greenville, NC 27835
ROY COOPER
Gorernor
MICHAEL S. REGAN
.`rv�<�(�n�r
S. JAY ZIMMERMAN
no-rrmr
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Ac2 and NEUSE BUFFER RULES with ADDITfONAL CONDITIONS For the Construc[ion ofthe
Greenville Southwes[ Bypass from south of Old NC I 1 to US 264 in Pitt County, TIP R-2250.
NCDWR Project No. 20160191 v.3
Dear Mr. Johnson:
Attached here[o is a modification of Certifica[ion No. 004060 issued ro The North Carolina Departmen[ of
Transportation (NCDOT) dated July 7, 2016 and in-field modification dated January 12, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
� ��'
S. lay Zimmerm n, Direc[or
Division of Water Resources
Attachments
Electronic copy only distribu[ion:
Tom Steffens, US Army Corps of Eneineers, Washington Field Office
Chris Rivenbark, NC Department of Transponation
Garcy Ward, NC Division of Water Resources Washington Regional Oftice
File Copy
Stete o( North Camlina I Environmental Quality
1617 Mail Service Center I Raleigh. Notth Carohna 27699-1617
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and NEUSE BUFFER RULES, 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.0233. This certification authorizes the NCDOT to impact an additional
0.04 acres of jurisdictional wetlands in Pitt County. The project shall be constructed pursuant to the modification
dated received July 19, 2017. The authorized impacts are as described below:
Original approved impacts
Wetland
Site
8
in the Tar-Pamlico and Neuse River Basin
Fill Fill
(ac)
(temporary)
(ac)
0.33 I --
Excavation Mechanized Hand
Clearing Clearing
(ac) (ac) (ac)
Total
Wetland
Impact (ac)
0.33
New additional impacts 12 0.04 -- -- -- -- 0.04
with this approval
Total 0.37 0.37
Total Wetland Impact for project: 0.37 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin, Tar-Pamlico river Basin or wetlands 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 July 19, 2017. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated July 7, 2016 and modification dated January 12, 2017 still apply except where
superseded by this certification. Should your project change, you are required to notify the NCDWR and submit a
new application. I�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 Certification:
1. 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 Certifcation dated July 7, 2016,
and subsequent modification dated January 12, 2107 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 or 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. 7'he Office of
Administrative Hearings accepts filings Monday t�rough 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
Adminis[rative Hearings.
T'he petition may be fa�ced-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the fa�ted 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:
Mc Bill F. I.ane, General Counsel
Department of Env'vonmental Quality
1601 Mail Service Center
This the 16h day of August 2017
NISION OF WATER RESOURCES
� ��..
S. Jay Zimmerm�r
WQC No. 004060
En viror�m e�n ta I
Qualrty
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
ROY COOPER
r,,,��a,��„»�
MICHAEL S. REGAN
Srrre�a.r
S. JAY ZIMMERMAN
nb��cn.
CertiPcate of Comple[ion
Upon completion of aIl work approved wi[hin [he 401 Water Quality Certification or applicable Butier Rules, and
any subsequent modifications, the applicant is required to retum this certificace ro the 401 Transportation Permittin�
Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC, 27699-1617. This fomi
may be remrned to NCDWR by the applicant, the applicanYs authorized agent, or the project eneineec It is not
necessary to send certificates from alI of these.
ApplicanYs Cerlifrcafion
I, , hereby sta[e tha[, to the bes[ of my abilities, due care and diligence
was used in [he observation of the construction such that the construction was observed to be built within substantial
compliance and in[en[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specitications, and other supporting materials.
Si�nature: Da[e:
,9Rent's Cerlificalion
L , hereby state that, to the best of my abilities. due care and dili�ence
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 Qualiry Cenification and Buffer Rules. the approved plans and
specitications, and other supporting materials.
Siena[ure: Date:
Engineer's Certification
Partial Final
1, . as a duly registered Professional Engi�eer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) [he construction of the project for the
Permittee hereby s[a[e tha[, to [he 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 Certitication and Buffer Rules, Ihe approved plans and specifications, and other supportin� materials.
Signa[ure Registra[ion No. Da[e
$[atc of Notlh Camhna I Envuonmcn[al Quahty
I(il7 Mail Szrcice Cznlcr' Rt�lrieh. North Carnlina'_7(99-I(•I7