The URL can be used to link to this page

Home My WebLink AboutTory Path reissuanceROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Ms. Anamika Laad NCDOT Rail Division 1 S Wilmington Street MSC 1553 Raleigh, NC 27699-1533 Delivered via email to: alaad(a)ncdot.gov NORTH CAROLINA Environmental Quality January 27, 2023 DWR # 2020-1838v2 Union County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION -REISSUANCE Proposed railroad Crossing Closure at Tory Path Road (SR 1432) Union County TIP Y-5500jc; Twelve Mile Creek (Santee River Basin, 11-138) Dear Ms. Laad: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of the proposed railroad crossing closure at Tory Path Road in Union County: Stream Impacts in the Santee River Basin Site Amount Approved (LF) Permanent Amount Approved (LF) Intermittent S1 91 0 S2 0 12 S3 120 0 S4 0 20 Wetland Impacts in the Santee River Basin Site Permanent Acres Temporary Acres W 1 0.001 0.016 W2 0.008 0.010 W3 0.027 W3 0.068 W3 0.046 W3 0.009 The project shall be constructed in accordance with your application dated received January 20, 2023. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4135. 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 North Carolina Department of Environmental Quality I Division of Water Resources :f D, E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 � � F 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 perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. 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 DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 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 Amy Chapman at (919) 707-3871 or amy.chapman@ncdenr.gov. Sincerely, Docu Signed by: AKA (,�t a pwialn Ric ardfogerDs; �Jr., Director Division of Water Resources Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Ray Bode; Johnson Miriam and Thompson; rbode@jmt.com Kristi Lynn Carpenter, DWR North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 e:��D E 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: 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, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR 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: Agent's Certification Date: 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: Engineer's Certification Partial Final Date: 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. North Carolina Department of Environmental Quality I Division of Water Resources :f D, E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 � � F