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HomeMy WebLinkAbout20090650 Ver 2_Approval Letter_20100916A?? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Eaves Perdue Coleen H. Sullins it Director Dee Freeman Secretary September 16, 2010 Wake County DWQ Project No. 20090650 ver. 2 SR 1006 State Project No. 41995.1 CORRECTION to MODIFICATTION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. J.W. Bowman, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Bowman: You have our approval, in accordance with the conditions listed below, for the following revised additional impacts for the purpose of safety improvements to SR 1006 in Wake County: Revised New Stream Impacts in the Neuse River Basin Site Permanent Fill in Riprap Stabilization to Temporary Dewatering to Total Stream Impact Intermittent Stream Intermittent Stream Intermittent Stream (linear ft) linear ft linear ft linear ft 1 12 31 43 (concurrent) 43 Total 12 31 43 (concurrent) 43 Total Stream Impact for Project: 43 linear feet. Note: No new riparian buffer impacts beyond what were approved in version 1. The project shall be constructed in accordance with your application dated received June 1, 2009 and modification request dated received May 14, 2010. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3820. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.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 certification correction replaces the 401 certification issued May 18, 2010. 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.0242. For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. xtation Permitting Unit ail Service Center, Raleigh, North Carolina 27699-1650 n: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 919-733-17861 FAX: 919.733.6893 : http:/lh2o.enr.state.nc.us/ncweVands/ An NorthCarolina Natura«ff Conditions of Certification: 1. All conditions in the original approval issued June 4, 2009 for this project still apply 2. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. The use of rip-rap above the Normal High Water Mark shall be minimized.. Bioengineering boulders or structures should be properly designed, sized and installed. 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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 contact Rob Ridings at 919-733-9817. Sincerely, /? A? Coleen H. Sullins U Director Cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office File Copy