HomeMy WebLinkAbout20201889 Ver 1_Approval Letter_20210323DocuSign Envelope ID: FF9F3421-AEBE-49D1-B56E-11871B16EEF1
ROY COOPER.
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 22, 2021
DWR # 20201889 Ver 1
Durham County
City of Durham -Department of Public Works
Dana Hornkohl
101 City Hall Plaza
Durham, NC 27705
(Delivered via email to Dana.Hornkohl.@durhamnc.gov)
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Emergency Watershed Protection (EWP) Streambank Repair: Site 3
Ms. Hornkohl,
You have our approval for the impacts listed below for the purpose described in your application dated
January 18, 2021 with payment received February 15, 2021. These impacts are covered by the attached
Water Quality General Certification Numbers 4132 and 4134. This certification is associated with the
use of Nationwide Permit Numbers 3 and 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Streams
S1: restoration/stabilization
185 (linear feet)
0 (linear feet)
S2: restoration/stabilization
16 (linear feet)
0 (linear feet)
S3: access/construction
0 (linear feet)
82 (linear feet)
54: access/construction
0 (linear feet)
36 (linear feet)
S5: temporary crossing
0 (linear feet)
66 (linear feet)
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 this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
v,H.�,A.3 ND_E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919,707.9000
nnnarenem DIEnwrenmenlat duality 4911061
DocuSign Envelope ID: FF9F3421-AEBE-49D1-B56E-11871B16EEF1
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Rick Trone at 919-707-3631 or rick.trone@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuSSiignne/d by:
949D 91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
Enclosures: GC 4132 & GC 4134
cc: Mackenzie Richards, Kimley-Horn (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
Filename: 20201889 Ver 1_Emergency Watershed Protection Streambank Repair: Site 3_Durham_401_GC