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HomeMy WebLinkAbout19990930 Ver 1_Approval Letter_19990921 State of North Carolina Department of Environment and Natural Resources • Division of Water Quality James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director September 21, 1999 Alamance County DWQ Project No. 990930 TIP U-2406 APPROVAL of 401 Water Quality Certification Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC, 27611-5201 Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to place till material in 2.0 acres of wetlands and 2206 linear feet of streams for the purpose of constructing the Elon College Bypass in Alamance County. The project should be constructed in accordance with your application dated 17 August 1999 (received 27 August 1999). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3103 and 3108 . These certifications correspond to the Nationwide Permit Numbers 14 and 26 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 approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. 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 DWQ 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 211.0506 (h) (6) and (7). For this approval to remain valid you must adhere to the conditions listed in the attached certification and those listed below. l.) Mitigation for impacts to 4.00 acres of wetlands and 1747 linear feet of streams will be performed through an in lieu payment to the North Carolina Wetlands Restoration Program (see attached form for submittal of payment). The payment will be made to said program within two months of the Water Quality Certification issuance. 2.) Upon completion of the proposed stream relocations at sites 8 and 11, the NC Division of Water Quality will be contacted for a site inspection to verify successful construction. Should the relocations be deemed inappropriate, the additional mitigation will be supplied by an in lieu payment to the NC Wetlands Restoration Program. The stream relocations shall be constructed "in the dry" and allow to stabilize one full growing season prior to the release of water into the new channels. Moreover, clearing and grubbinu of the existing channel buffers is prohibited until after the new channels have been constructed and stabilized. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 509o recycled/ 1091O post-consumer paper l If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings. P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, r I rr T. tevens Attachment V cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DWQ Regional Office Central Files File Copy NORTH CAROLINA - DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 21-1.0500, the North Carolina Department of Transportation is authorized to impact the surface waters of the State of North Carolina as indicated below for the purpose of constructing the Elon College Bypass in Alamance County (T.I.P. No. U-2406, DWQ No. 990930). All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS FOR WETLAND RESTORATION: LOCATION: Construction of the Elon College Bypass COUNTY: Alamance BASIN/SUBBASIN: Cape Fear, Cataloging Unit DWQ No.: 990930 As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to one-quarter increments according to 15A 2R.0503(b). V 4.00 acres of Class WL wetlands 0.0 acres of riparian wetlands 0.0 acres of non-riparian wetlands 0 acres of Class SWL wetlands 1747 linear feet of stream channel One of the options you have available to satisfy the compensatory mitigation requirements is through payment of a fee to the Wetland Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent-to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISION OF WATER QUALITY P.O. BOX 29535 RALEIGH, NC, 27626-0535 (919) 733-5208