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HomeMy WebLinkAbout20140368 Ver 2_Approval Letter_20141124 (2)A I A ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory John ESkvada,III Governor Secretary November 24,20i4 Lenoir County DVKKProjut No. 28/4O368v2 SR2V2UExtension MODIFICATION ofAPPROVAL of 401 WATER QUALlTV CERTIFICATION and N0N0E BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mc Jay Johnson North Carolina Department oyTransportation P.O. Box 1587 Greenville, Y4C27835 Dear Mr. Johnson: You have our approval, bm accordance with the conditions listed below, for the following impacts for the purpose nf installing n concrete box culvert on an unnamed tributary to the Neuse River as necessary for the extension of SR 2021 bn Lenoir County: Stream and Buffer Impacts in the Neuse River Basin This approval is only valid for the purpose and design that you submitted in your modified application dated received November 20, 2814. All the authorized activities and conditions associated with the original Water Quality Certification dated May 12.20|4still apply except where uoperceJud6y this certification, 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 y4cuue Riparian Buffer Rules (|5A}JCAC2B.82]3). Iu 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 DVu8 and Submit u new application. /f the property im sold, the new owner must ho given a copy ofthis Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project TransporlaUon and Peaniffing Unit 1617 Mail Service Cent(j,, RMeigh, N(,' 2699-1617 Locatorr 512 N. Sallsbruy St. Raleigh, NC 27604 PUmne�019-707 6300\ FAX: V19-7$3-1290 |«io'»*mw&=waler.�J Stream Stream Buffer Buffer SIR 2021 Permanent Temporary Zone 1 Zone 2 Original Impacts authorized 72 28 4655 2835 Impacts approved 72 48 5650 2835 this modification —with Difference 0 +20 +995 0 Total 120 8,485 This approval is only valid for the purpose and design that you submitted in your modified application dated received November 20, 2814. All the authorized activities and conditions associated with the original Water Quality Certification dated May 12.20|4still apply except where uoperceJud6y this certification, 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 y4cuue Riparian Buffer Rules (|5A}JCAC2B.82]3). Iu 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 DVu8 and Submit u new application. /f the property im sold, the new owner must ho given a copy ofthis Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project TransporlaUon and Peaniffing Unit 1617 Mail Service Cent(j,, RMeigh, N(,' 2699-1617 Locatorr 512 N. Sallsbruy St. Raleigh, NC 27604 PUmne�019-707 6300\ FAX: V19-7$3-1290 |«io'»*mw&=waler.�J Page 2 of 3 (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 .0260(9). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of the certification associated with the original Water Quality Certification dated May 12, 2014 and subsequent modifications still apply except where superceded by this certification. 2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the oil-site project manager. 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 8:00am and 5:00pm, 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 taxed 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 'Phis 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 Garcy Ward at (252) 946-6481 or garcy.ward@ncdenr.gov for / i homes A. Reeder Attachments (Certificate of Completion form) cc: Ton? Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, NC DOT, electronic copy Aaron Bullard, NC DOT, electronic copy Garcy Ward, DWR, Washington Regional Office File Copy Page 3 of 3 DWR Project No.: Applicant: Project 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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWR 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: Date: Agent's Certification 1, , 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 Registration No. Date