20120377 Ver 3_Approval Letter_20130917

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
John E. Skvarla, III
Secretary
September 17, 2013
Wake & Durham Counties
DWQ Project No. 20120377ver.3
TIP No. U -4716
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and JORDAN & NEUSE
BUFFER AUTHORIZATIONS, with ADDITIONAL CONDITIONS a
Mr. Marc Hamel
NCDOT Rail Division
1553 Mail Service Center
Raleigh, NC 27699 -1553
Dear Mr. Hamel:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of the Clegg Passing Siding and Hopson Road Grade Separation project in Wake and Durham Counties:
Additional Stream Impacts in the Jordan Lake Basin
Site
Permanent Fill in Stream
(linear ft)
Total Stream Impact
(linear ft
4
15
15
Total
15
15
Total Additional Stream Impact for Project: 15 linear feet.
Additional Wetland Impacts in the Jordan Lake Basin
Site
Permanent Fill (ac)
Total Wetland Impact (ac)
IA
0.01
0.01
Total
0.01
0.01
Total Additional Wetland Impact for Project: 0.07 acres.
The project shall be constructed in accordance with your application dated received April 18, 2012 and modification
requests received July 30, 2012, September 5, 2012 and September 13, 2013. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Number 3886. This
certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid
for the Neuse Riparian Buffer Rules (15A NCAC 213.0233) and Jordan Lake Riparian Buffer Rules (15A NCAC
213.0267). 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 and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: [phone]
Internet: www.newaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natmally

This approval is valid solely for the purpose and design described in 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 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 2B.0242(9). And 15A NCAC 213.0268. For this approval to remain valid, you must
adhere to the conditions listed in the attached certification and any additional conditions listed below.
Condition of Certification:
1. All conditions in previous versions of the certification 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 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) - 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919- 807 -6403.
Sincerely,
Thomas A. Reeder
cc: Chris Murray, Division 5 Environmental Officer
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
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