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HomeMy WebLinkAbout20021524 Ver 4_Approval Letter_20120907Y North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director Mr Gregory J Thorpe Mgr Project Development and Environ Analysis Branch NCDOT 1548 Mall Service Center Raleigh NC 27699 15478 Subject Modification I — 3803B Station 25 Poplar Tent APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Thorpe Dee Freeman Secretary September 7 2012 DWQ# 02 1524 V4 Cabarrus County You have our approval for the following additional impact as described In your application received by the Division of Water Quality (DWQ) on September 5 2012 Site Wetland Impact, Permanent Stream Impact, Permanent Station 25 0 02 ac 108 If Side Channel UT 14A Totals (cumulative) 0 03 ac 1535 If After reviewing your application we have determined that this project Is covered by Water Quality Individual Permit 401 Certification No 3859 issued on June 3 2011 You must also comply with the following additional conditions 1) All work associated with these impacts shall be conducted In accordance with all conditions of the aforementioned Individual Permit No 3859 and constructed in accordance with your submitted application 2) Fill slopes adjacent to and within 30 ft of the approved wetland and stream impact shall be matted immediately 3) Compensatory mitigation for an additional 108 linear feet of Impact to streams is required (Total Mitigated Stream Impact 1535 If) We understand that you have chosen to perform compensatory mitigation for Impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to Implement the mitigation for the project EEP has Indicated In a letter dated April 12 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 2010 Mooresville Regional Office Location 610 East Center Avenue Suite 301 Mooresville NC 28115 Phone (704) 663 1699 \Fax (704) 663 6040\ Customer Service 1 877 623 6748 Internet http //portal ncdenr org /web /wq An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper NorthCarohna ,Naturally If you do not accept any of the conditions of this certification you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This certification and its conditions are final and binding unless you ask for a hearing This letter completes the review of DWQ under Section 401 of the Clean Water Act If you have any questions please telephone Mr Alan Johnson in the Mooresville Regional Office at 704 663 1699 Sincerely ---z 4 4---- for Charles Wakild P E cc Army Corps of Engineers Asheville Sonia Corillo Wetlands Transportation Unit Barry Moose NCDOT 716 W Main St Albemarle NC 28001