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HomeMy WebLinkAbout20120712 Ver 1_Approval Letter_20121106 II lrr� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary November 6 2012 I I Craven County NCDWQ Project No 20120712v 2 Bridge 176 over Slocum Creek TIP B 4488 II MODIFIED APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr Jay Johnson North Carolina Department of Transportation P O Box 1587 Greenville NC 27835 Dear Mr Johnson You have our approval in accordance with the conditions listed below to permanently impact an additional 535ft2 of wetlands(a project total of 0 77 acres) an additional 0 13 acres of wetlands dues to hand clearing(for a project total of 0 13 acres) and 0 03 acres of wetlands due to temporary excavation(project total of 0 03 acres)for the purpose of replacing Bridge Number 176 over Slocum Creek on SR 1763 (Church St) in Craven County Total impacts to wetlands for the project now total 0 93 acres 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 November 5 2012 All the authorized activities and conditions of certification associated with the original Water Quality Certification dated July 31 2012 still apply except where superceded by this certification Should your project change you are required to notify NCDWQ and submit a new application if the property is sold the new owner must be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 0242(9) 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(s)of Certification 1 This modification is applicable only to the additional proposed activities All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated July 31 2012 still apply except where superceded by this certification Transportation and Permitting Unit One 1650 Mail Service Center Raleigh North Carolina 27699 1617 NorthCarohna Location 512 N Salisbury St Raleigh North Carolina 27604 Naturally Phone 919-807 63001 FAX 919-807 6492 Internet www ncwaterouality orq An Equal Opportunity\Affirmative Action Employer II 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) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center 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 David Wainwright at 919 807 6405 or David Wainwright @ncdenr gov Sincerely J C4,6\ -0...., Charles Wakild Director cc Tom Steffens US Army Corps of Engineers Washington Field Office Stephen Lane DCM Morehead City Steve Sollod DCM Raleigh Garcy Ward NCDENR Washington Regional Office File Copy