HomeMy WebLinkAbout20110175 Ver 1_Approval Letter_20110913kl-
Beverly Eaves Perdue
Governor
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
September 13, 2011
Johnston County
DWQ Project No. 20110175 ver. 2
Neuse River Greenway
TIP No. EB4993
MODIFICATION OF APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Dr. Greg Thorpe, Ph.D., Manager
NCDOT Planning and Environmental Branch
1595 Mail Service Center
Raleigh, NC 27699-1595
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of the Neuse River Greenway in Johnston County:
Additional Wetland Impacts in the Neuse River Basin
Site Permanent Fill ac Total Wetland Impact ac
5 0.01 0.01
Total 0.01 0.01
Total Additional Wetland Impact for Project: 0.01 acres.
The project shall be constructed in accordance with your application dated received February 22, 2011 and
modifications received March 10, 2011 and September 7, 2011. After reviewing your application, we have decided
that these impacts are covered by General Water Quality Certification Number 3701. This certification corresponds
to the Nationwide Permit 23 issued by the Corps of Engineers. 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 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 2B.0242(9). For this approval to remain valid, you must adhere to the conditions listed
in the general certification and any additional conditions listed below.
Transportation Permitting Unit
Wetlands & Stoarwater Branch
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Phone: 919-807-63991 FAX: 919-807$494
mlemet http:llh2:.encstat_.nc.uslncwetlands' .
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NorthCarolina
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An Equal opportunity 1 ArArmake Action Employer
Condition of Certification:
1. All conditions written in the original 401 Water Quality Certification for this project (issued March 29, 2011) 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)-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 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 919-807-6403.
Sincerely,
/; F?7 A
Coleen H. Sullins
Director
Cc: Chad Coggins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Amy James, NCDOT Natural Environment Unit
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