HomeMy WebLinkAbout20131039 Ver 2_Approval Letter_20140514NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 28, 2014
Johnston County
DWR Project No. 20131039 ver 2
Bridge 327on SR 2141
State Project No. 17BPA.R.53
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Mr. T.M. Little, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895 -3165
Dear Mr. Little:
You have our approval, in accordance with the conditions listed below, for the following additional impacts for the
purpose of replacing Bridge 327 in Johnston County: -
Additional Stream Impacts in the Neuse River Basin
Site
Relocation of Perennial Stream (linear ft)
Total Stream Impact linear ft)
Total
144
144
Total Stream Impact for Project: 144 linear feet.
The project shall be constructed in accordance with your application received September 26, 2013 and modification
request received May 15, 2014. After reviewing your application, we have decided that these. impacts are covered -
by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3
issued by the Corps of Engineers. 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.
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 NCDWR 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). For this approval to remain valid, you must adhere to the conditions listed
in the attached certification and any additional conditions listed below.
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- 919 - 733 -1290
Internet: www rimaterguality mg
An Equal Opportunity \ Affirmative Action Employer
NorthCarohna
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Conditions of Certification:
1. Channel relocations shall be completed, vegetated and fully stabilized, prior to diverting water into the new
channel. Stream banks shall be matted with coir -fiber matting. Vegetation used for bank stabilization shall be limited
to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated
channel to the maximum extent practical. Also, rip -rap may be allowed if it is necessary to maintain the physical
integrity of the stream, but the applicant must provide written justification and any calculations used to determine the
extent of rip -rap coverage if requested by DWR. Once the stream has been turned into the new channel, it may be
necessary to relocate stranded fish to the new channel to prevent fish kills.
2. All other conditions for this project in the Water Quality Certification dated October 4, 2013, 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- 707 -8786.
Sincerely,
v
Thomas A Reeder, Director
Division of Water Resources
cc: Chad Coggins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
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