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HomeMy WebLinkAbout20061334 Ver 1_Approval Letter_20060925O~O~ W AT ~9~G ~. ~ ~ o ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 25, 2006 KCI Technologies, Inc. Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Subject Property: Harrell Wetland Restoration Site Swift Creek [030302, 28-78-(2.5), C, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1334 Edgecombe County Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.24 acres of wetland to perform a wetland restoration at the site as described within your application dated August 14, 2006, which was received by the N.C. Division of Water Quality (DWQ) on August 17, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers (LTSACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 OversghUExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands N Caro na ~tura~y An Equal OpportunitylAffirmativeRction Employer - 50% Recycledl10% Post Consumer Paper KCI Technologies Page 2 of 4 September 25, 2006 Amount A roved (Units Reference 404/Wetland 0.24 acres PCN a e 8 of 12 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, which 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200. AWK/cbk/ijm Enclosures: GC 3495 Certificate of Completion cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Sincerely, ~~ ~,~~ ~~~~ Alan W. Klimek, P.E. Filename: 061334Harreil WetlandRestorationSite(Edgecombe~01