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HomeMy WebLinkAbout20130449 Ver 2_Approval Letter_20140923NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 23, 2014 Wake County DWR Project No. 20130449 ver.2 Bridge 237 on SR 2555 State Project No. 17BP.5.R.45 MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. J.W. Bowman, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Bowman: You have our approval, in accordance with the conditions listed below, for the following additional impacts for the purpose of replacing Bridge 237 in Wake County: Additional Stream Impacts in the Neuse River Basin Site Additional Permanent Fill in Perennial Stream linear ft Additional Temporary Fill in Perennial Stream linear ft Total 3 27 The project shall be constructed in accordance with your modification application received September 19, 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. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213.0233). 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 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX 919 - 733 -1290 Internet www.ncwaterguality.orq An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Condition of Certification: 1. All conditions in the original Water Quality Certification for this project, dated May 2, 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. John Evans, 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, Thomas A *Reeder,Di r Division of Water Resources cc: Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office File Copy