The URL can be used to link to this page

Home My WebLink About20141169 Ver 8_Approval Letter_20171016Environrnental Quality October 16, 2017 Mr. Philip S. Harris, III, P.E., CPM Na[ural Environment Section Head Project Development and Environmen[al Analysis North Carolina Departmen[ of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 ROY COOPER Gorernor MICHAEL S. REGAN Srcn�rurr S. JAY ZIMMERMAN �,��<��r Subject: Modification ro the 401 Water Qualiry Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE BUFFER RULES with ADDITfONAL CONDITIONS for proposed improvements to US 17 from sou[h of Belgrade a[ SR 1330/SR 1439 to the New Bern Bypass in Onslow, lones, and Craven Coun[ies County, TIP R-2514 B, C, & D. NCDWR Project No. 20141169 v. 8 Dear Mr. Harris: Attached hereto is a modification of Certification No. 004012 issued to The North Carolina Departmen[ of Transportation (NCDOT) dated March 2, 2015 and modifications dated August 4, 2015, January 27, 2016, September 26, 2016, February 20, 2017, May 2, 2107 and June 13, 2107. If we can be of funher assistance, do not hesitate to contact us. �incerely, � �1 � �� I Gf S. Jay„Zimmerman�irecror Division of Water Resources Attachments Electronic copy only distribution: Tom Steffens, US Army Corps of Engineers. Washington Field Office Jay Johnson, Division 2 Environmental Officer Colin Mellor, NC Department of Transportation Chris Rivenbark, NC Department of Transportation Stephen Lane, NC Division of Coastal Management Cathy Brittingham, NC Division of Coastal Management Be[h Harmon, Division of Mitigation Services Garcy Ward, NC Division of Water Resources, Washington Regional Office File Copy State of Nonh Camhna I Environmental Quality 1617 Mail Servire Center I Raleigh. Nnrth Carolina 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 0.20 acres of jurisdictional wetlands in R-2514 section D in Craven County. The project shall be constructed pursuant to the modification dated received September 5, 2017.� The authorized impacts are as described below: Section D Wetland Im acts in the Neuse River Basin non-riverine Site Fill Fill ' Excavation Mechanized Hand Total (ac) (temporary) (ac) Clearing Clearing Wetland (ac) (ac) (ac) Impact (ac) Original approved impacts at 1.35 -- -- 0.20 -- 1.55 Site 19 Original approved impacts at 0.30 -- -- 0.06 -- 0.36 Site 20 New additional impacts with this approval at Site 19 - -- -- 0.17 -- 0.17 New additional impacts with this approval at Site 20 �� -- -' 0.03 -- 0.03 Total 1.65 -- -- 0.46 -- 2.11 Total Wetland lmpact for Sites 19 and 20: 2.11 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River Basin 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 September 5, 2017. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated March 2, 2017 and modifications dated August 4, 2015, January 27, 2016, September 26, 2016, February 20, 2017, May 2, 2017, and June 13, 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. 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). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0233. 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 Certification dated March 2, 2015 and subsequent modifications dated August 4, 2015, January 27, 2016, September 26, 2016, February 20, 2017, May 2, 2017, and June 13, 2017 still apply except where superseded by this certification. 2. Compensatory mitigation for an additional 0.20 acres of impact to wetlands at Sites 19 and 20 is required. We understand that you have chosen to perfortn compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated August 3Q 2017 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 Barilcing [nstrument signed July 28, 2010. 3. NCDOT shall update the weUand impact summary table ro reflect the revised totals for Section D. 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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall exp've upon Ute expiration of the 404 or CAMA permit. If you wish to contest any statement in the attached CeRification you must file a petition for an administrative heazing. You may obtain the petition form from the office of Administrative heazings. You must file the petition with the office of Administrative Hearings within si�cty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Heazings during nortnal office hours. The Office of Administrative Hearings accepu filings Monday Uvough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. 7'he original and one (1) copy of the petition must be filed with the Office of Administrative Heazings. T'he 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 fa�ced 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) 4313000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Deparhnent of Environmental Quality 1601 Mail Service Center This the 16th day of October, 2017 DIVIS[ON OF ATER RESOURCES � w� �_S . Jay`2immertnan, D rector WQC No. 004012 Environ mc: n t u! Qua(ity NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: ROY COOPER t;�„�<��r��,� MICHAEL S. REGAN �n ��rru,�, S. JAY ZIMMERMAN u��v�„� Certificate of Completion Upon completion of all work approved within [he 401 Water Quality Certifica�ion or applicable Buffer Rules, and any subsequenf modifications. [he applicanl is required to reWm tliis certificate [o the 401 Transporta[ion Permitting Unit. North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicanPs authorized agent, or ihe project engineec It is not necessary to send certifica[es from all of these. ,4pplicm�Ps Cer�ification 1, , hereby state that, to the best of my abili�ies, due care and diligence was used in [he observa[ion of the construction such tha[ the construction was observed to be built within substan[ial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, [he approved plans and specifications. and other supporting materials. Signature: Date: Ager�t's Cerlifrcation I. , hereby s[ate tha[, to Ihe bes[ of my abilities, due care and diligence was used in the observa[ion of the construc[ion such that the construc[ion was observed ro be buil[ wi[hin subs[antial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting ma[erials. Si�nature: Engi��eePs Certification Partial Final I, , as a duly registered Professional En_ineer in the Stare of North Carolina, having been authorized ro observe (periodically. �veekly. full time) [he construction of [he projec[ for [he Permittee hereby sta[e [hat. [o the best of my abilities, due care and diligence was used in the observation of the cons[ruction such [hat the construction was observed ro be built within substantial compliance and intent of [he 40l Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registra[ion No. Date Stace nf Nunh Carolina I Environmental Quahty I/� V Atal Sen ro� Cemer' Ralei�+h_ North Carniina'_7699-I / I'