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HomeMy WebLinkAbout20131302 Ver 2_Approval Letter_20140529A� lga NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary May 29, 2014 Wake County DWR Project No. 20131302 ver.2 Buck Jones Road City of Raleigh MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Chris Johnson, PE, Design /Construction Manager Public Works Department, City of Raleigh 222 West Hargett Street, Room 400 Raleigh, NC 27601 Dear Mr. Johnson: You have our approval, in accordance with the conditions listed below, for the following additional impacts for the purpose of widening and upgrades to Buck Jones Road in Wake County: Additional Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft Zone 1 Buffer Mitigation Required (using 3:1 ratio ) Zone 2 Impact (sq ft Zone 2 Buffer Mitigation Required (using 1.5:1 ratio I 448 N/A 323 N/A Totals 448 0 323 0 * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 771 square feet. The project shall be constructed in accordance with your application received December 18, 2013 and modification received May 8, 2014. 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 2B.0233). 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.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Conditions of Certification: 1. All conditions in the original 401 for this project dated January 7, 2014 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 6" Thomas A Reeder, Director Division of Water Resources cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office NCDWR Raleigh Regional Office Charles E. Benton, URS Corporation File Copy