HomeMy WebLinkAbout20190992 Ver 2_Approval Letter_20200512DocuSign Envelope ID: F61AD3E1-4E39-4B2F-8205-2F64F40DFDE1
ROY COOPER
Governor
MICHAEL S.
REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
ErrvtrdnmerrtaI quaiily
May 12, 2020
Wake County
DWR Project No. 20190992 ver 2
I-440 / US 1
TIP No. U-2719
MODIFICATION of APPROVAL of NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the purpose of
widening and improving I-440/US 1 from SR 1313 to SR 1728 in Wake County:
Additional Neuse Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
4
2609
N/A
li—_
2027
N/A
* n/a = Impact Allowable; No mitigation Required
Total Additional Buffer Impact for Project: 4636 square feet.
The project shall be constructed in accordance with your application received July 23, 2019, additional information received August
20, 2019 and modification request dated May 5, 2020. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification Number 4135. This certification corresponds to the General Permit 31 issued by the
Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213.0233). 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 will expire with the accompanying 404
permit.
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 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 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: F61AD3E1-4E39-4B2F-8205-2F64F40DFDE1
compensatory mitigation as described in 15A NCAC 2B.0233. For this approval to remain valid, you must adhere to the conditions
listed in the General Certification and any additional conditions listed below.
Conditions of Certification:
1. All conditions in the original Water Quality Certification for this project dated August 26, 2019, still apply.
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: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any
questions, please contact Rob Ridings at rob.ridings@ncdenr.gov.
Sincerely,
DocuSigned by:
44PM.l.
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Vickie Miller, HDR, Inc.
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000