HomeMy WebLinkAbout20120783 Ver 2_Approval Letter_20121120A�
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NC®ENR
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 20 2012
Johnston County
DWQ Project No 20120783 ver 2
TIP No EL 51000B
MODIFICATION of APPROVAL of NEUSE BUFFER AUTHORIZATION
David L DeYoung
Town of Clayton
111 East Second Street
Clayton NC 27528
Dear Mr DeYoung
You have our approval in accordance with the conditions listed below for the following changes to approved
impacts for the purpose of Clayton Community Center Greenway Connector m Johnston County
Increased/Decreased Riparian Buffer Impacts
Type
Increase to Zone 1
Impact (sq ft
Decrease to Zone 1
Impact (s ft
Increase to Zone 2
Impact (sq ft
Decrease to Zone 2
Impact (s ft
Permanent
+ 115
0
+86
0
Temporary
0
525
0
791
The protect shall be constructed m accordance with your application dated received August 21 2012 and
modification request received November 16 2012 This modification is valid for the Neuse Riparian Buffer Rules
(15A NCAC 2B 0233) In addition you should acquire any other federal state or local permits before you proceed
with your protect mcluding (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 m 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 complymg
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
m the attached certification(s) and any additional conditions listed below
Condition of Certification
1 All conditions in the original Water Quality Certification issued September 27 2012 for this project 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 m the office of Administrative Hearmgs during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
Transportation and Permitting Unit One
1650 Mail Service Center Raleigh North Carolina 276991617 NorthCarohna
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 -807 -63001 FAX 919 -807 6492 6 C I b6[
Internet www ncwaterauality org
An Equal Opportunity 1 Affirmative Action Employer
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 Rob Ridings at 919 807 6403
Sincerely
Charles Wakild
Director
Cc Anna Reusche Kimley Horn & Associates
DWQ Raleigh Regional Office
File Copy
NCDWQ Project No
Applicant
Protect Name
Date of Issuance of 401 Water Quality Certification
County
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and
any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting
Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned to NCDWQ by the applicant the applicant s authorized agent or the project engineer It is not
necessary to send certificates from all of these
Applicant s Certification
I hereby state that to the best of my abilities due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supporting materials
Signature
Agent s Certification
Date
I hereby state that to the best of my abilities due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supporting materials
Signature
Engineer s Certification
Date
Partial Final
I as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the
Permittee hereby state that to the best of my abilities due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Registration No