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HomeMy WebLinkAbout20120783 Ver 2_Approval Letter_20121120A� G 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