20030726 Ver 4_Approval Letter_20110517

eMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
May 17, 2011
Wake County
NCDWQ Project No. 20030726 v.4
State Road 1625
Town Project No. ST-1085
MODIFICATION of JORDAN BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Kyle Hubert
Town of Cary
3 16 North Academy Street
Cary, NC 27513
Dear Mr. Hubert:
You have our approval, in accordance with the conditions listed below, for the following new additional impacts for
the purpose of stabilizing a stomiwater outfall on the SR 1625 widening project in Wake County:
Loll Rinnrinn RIIffPr [.name
Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (s ft)
q in Zone 2
(not
Required (using
(sq ft) - ll ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 780 0 780 N/A 520 0 520 N/A
Totals 780 0 780 0 520 0 520 0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 1300 square feet.
The project shall be constructed in accordance with your permit modification application dated received May 10,
2011. This approval is valid for the Jordan Riparian Buffer Rules (15A NCAC 2B .0267). In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWQ 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, 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 02B.0268. For this approval to remain valid, you must adhere to the conditions listed
below.
Conditions of Certification:
Transportation Permitting Unit
1650 Mail Service Center,, Raleigh, North Carolina 27699-1650
Phone: 91M07-6301
Internet: hffp:llh2o.encstate.nc.uslncwetlandsl,
NorthCarolina
Xaturally
An Equal Opportunity 1 Affirmative Action Employer
1. All conditions in previous Water Quality Certifications fog this project still apply.
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular
transportation department maintenance activities including mowing. The area with non-maintained buffers shall be
permanently revegetated with native woody species before the next growing season following completion of
construction.
3. Pursuant to NCAC 15A 213.0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion
control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment
and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and
that discharge is released as diffuse flow.
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 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed 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: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-807-6403.
Sincerely,
Coleen H. Sullins
0000 Director
Cc: DWQ Raleigh Regional Office
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