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HomeMy WebLinkAbout20161211 Ver 2_03_401 WQ Certification 2017-01-11_20200728January 11, 2017 The John R. McAdams Company, Inc- Attn: George Buchholz 2905 Meridian Parkway Durham, NC 27713 R()1 0)(WI-:It DWR # 16-1211 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Aiken Avenue Stream Stabilization Dear Mr. Buchholz: You have our approval for the impacts listed below for the purpose described in your application dated December 9, 2016, received by the Division of dater Resources December 12, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met, No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] St3lC 111 \Orth C areliin�l E.n%,rnnmental Ouaht} bkater Resources b.' `Mail icc Center Raleigh. Aorrh "11"hnu 1'ba�-lh I 9 ! )-.SQ- -h300 Type of impact Stream Stream A Stream B Stream F Stream G total Amount Approved (units) Permanent (linear feet 496.36 6.24 99.03 919.02 1,520.65 Aiker, Stream Restoration Durham County Page 2of4 Amount Approved (units) Temporary �404/401 Wetlands ? (acres) Wetland A 1.66 2. This approval is for the purpose and design described in your application_ The plans and specifications for this project are incorporated by reference- as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Perrnit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0502(d)(2)] 3. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [1SA NCAC 02H .0506(h)] 4. The permittee will provide on -site supervision of stability work including, but not limited to bank re -sloping, culvert installation, in -stream structure placement, and riparian zone re-establishment, by an appropriately trained individual. (15A NCAC 02H .0506(b)(2)) 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Central Office (401 and Buffer Permitting Branch) to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] Alken Strearn Restoration Durham County Page 3 of 4 This approval and its conditions are final and binding unless contested. (G.S. 143-215.5) This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:/Zwww. ncoah.comZ or by calling the OAH Clerk's Office at (919) 431-3000 for information, A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the Original and one copy of the petition along with any applicable OAH filing fee is received by the OAH, within Five (5) business days following the faxed, transmission. Mailing address for the OAH: of sendir g via US Postat Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending rsc detivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NI(I-I 27699-1601 Aiken Stream Restoration Durham County Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Tease contact Mac Haupt at 919-807-6476 or Mac. >-lauptgncdenr.gov if you have any questions or concerns. ^ Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 388.5 cc: lean Gibby, USAGE Raleigh Regulatory Field Office (electronic copy) Cherri Smith, DWR Raleigh Regional Office 401 file (electronic copy) DWR 401 & Buffer Permitting Branch file