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Home My WebLink About19960319 Ver 1_Approval Letter_20110415YAW, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins --Governor- - ---- -- - - - -- - --- Director- ------ - April 15, 2011 Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dee Freeman -------Secretary -- Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for the Northern Wake Expressway (1-540) in Wake County, TIP R-2000 NCDWQ Project No. 19960319 ver. 3. Dear Dr. Thorpe: Attached hereto is a modification of Certification No. 3081 issued to The North Carolina Department of Transportation (NCDOT) dated September 27, 1996 and modified September 17, 1999. If we can be of further assistance, do not hesitate to contact us. Sincerely, Ile Coleen H. Sullins Director Attachments cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer Ecosystem Enhancement Program File Copy Transportation Permitting Unit - 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet http:llh2o.enrstate.nc.us/nmellands/ NonrthCarolina JVatural y An Equal Opponunily 1 ARmnauve Action Employer Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in ---- ---15-NCAC2H .0500.-This-certification modification authorizes the NCDOT to fifill-a remaining-0:7-acres of-------- ----- -- riparian wetland mitigation and 5.44 acres on nonriparian wetland mitigation for the R-2000 project in Wake County. The mitigation shall be fulfilled pursuant to the modification request dated received April 6, 2011. The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified application dated received April 6, 2011. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated September 27, 1996 and modified September 17, 1999 still apply except where superceded by this certification. Should your project change, you are required to notify 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 any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional 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 For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition of Certification: 1. A remaining balance of 0.70 acres of riparian wetland mitigation and 5.44 acres of nonriparian wetland mitigation for this project remains. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands 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 March 16, 2011 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Parry MOA signed on April 12, 2004. 2. All other conditions in previous 401 water quality certification for this project still apply. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. s 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)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This the 15th day of April 2011 DIVISION OF WATER QUALITY Coleen H. Sullins CCC??? Director WQC No. 3081