HomeMy WebLinkAbout20140368 Ver 2_Approval Letter_20141124NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory John E. Skvarla, III
Governor Secretary
November 24, 2014
Lenoir County
DWR Project No. 20140368 v.2
SR 2021 Extension
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION
with ADDITIONAL CONDITIONS
Mr. Jay Johnson
North Carolina Department of Transportation
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of installing a
concrete box culvert on an unnamed tributary to the Neuse River as necessary for the extension of SR 2021 in 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,
2014. All the authorized activities and conditions associated with the original Water Quality Certification dated May 12, 2014 still
apply except where superceded by this certification.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 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 DWR 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699 -1617
Location 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone 919 - 707 -63001 FA, X• 919 - 733 -1290
Internet, www.ncwater org
Stream
Stream
Buffer
Buffer
SR 2021
Permanent
Temporary
Zone 1
Zone 2
(1
(t
s ft)
(sq ft)
Original Impacts
72
28
4655
2835
authorized
Impacts approved
72
48
5650
2835
with this modification
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,
2014. All the authorized activities and conditions associated with the original Water Quality Certification dated May 12, 2014 still
apply except where superceded by 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 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 DWR 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699 -1617
Location 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity 1 Affirmative Action Employer
Phone 919 - 707 -63001 FA, X• 919 - 733 -1290
Internet, www.ncwater org
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 213 .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 on -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 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 Garcy Ward at (252) 946 -6481 or garcy.ward @ncdenr.gov
Sin er
for Thomas A. Reeder
Attachments (Certificate of Completion form)
cc: Tom 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
Date
Registration No.