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HomeMy WebLinkAbout20110661 Ver 1_Approval Letter_20120402N'. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Governor Director April 2012 Nash County DWQ Project No SR 1613 TIP No U 4019 Dee Freeman Secretary 20110161 ver 3 MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR PAMLICO BUFFER AUTHORIZATION Mr John Rouse P E Division Engineer NCDOT Division 4 PO Box 3165 Wilson NC 27895 3165 Dear Mr Rouse You have our approval in accordance with the conditions listed below for the following additional impacts for the purpose of widening SR 1613 in Nash County Additional Stream Impacts in the Tar Pamlico River Bann Site Permanent Fill in Perennial Stream linear ft Total Stream Impact linear ft 2 10 10 Total 10 10 Total Additional Stream Impact for Project 10 linear feet Additional Tar Pamlico Riparian Buffer Impacts Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3 1 ratio) (sq ft) wetlands) 15 1 ratio) (sq ft 2 474 0 474 N/A 230 0 230 N/A Total 474 1 0 474 0 230 0 230 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact no mitigation required Total Additional Buffer Impact for Protect 704 square feet The project shall be constructed in accordance with your application dated received February 17 2011 and modification requests received August 25 2011 and March 27 2012 After reviewing your application we have decided that these impacts are covered by General Water Quality Certification Numbers 3820 3689 and 3688 This certification corresponds to the Nationwide Permits 14 13 and 33 issued by the Corps of Engineers This approval is also valid for the Tar Pamlico Riparian Buffer Rules (15A NCAC 2B 0259) 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 Transportation Permitting Unit Wetlands & Stormwater Branch 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919. 807 -63991 FAX 919 - 807 -6494 Internet http //h2o enr state nc us /ncwetlands/ An Equal Opportunity 1 Affirmative Action Employer NorthCarohna This approval is valid solely for the purpose and design described in your application and modification request 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 0260(9) For this approval to remain valid you must adhere to the conditions listed in the certification and any additional conditions listed below Condition of Certification 1 All conditions in the original approved certification for this project dated February 23 2011 still apply If you wish to contest any statement in the 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 OOam and 5 OOpm 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 Ridmgs at 919 807 6403 Cc Chad Coggms Division 4 Environmental Officer Tom Steffens US Army Corps of Engineers Washington Field Office File Copy Sincerely c j�. Charles Wakild Director