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HomeMy WebLinkAbout20180899 Ver 1_Approval Letter_20180731NORTH CAROLINA ROY COOPER Environmental Quality Govnnar MICHAEL S. REGAN Secrefarp, LINDA CULPEPPER Interim O.irwor July 31, 2018 D W R # 18-0899 Johnston County Johnston County ATTN: Mr. Rick Hester Johnson County District Manager 309 E. Market Street Smithfield, NC 27577 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS (15A NCAC 02B.0200) Wilson's Mills Hydraulic Improvements (Project No. 00358-0139, WD -2017-18) Johnston County, NC Dear Mr. Hester: You have our approval for the impacts listed below for the purpose described in your application dated June 28, 2018, received by the Division of Water Resources (Division) June 28, 2018. The impacts associated with this project are covered by the attached Water Quality General Certification Number 4133. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mall Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Wilson's Mills Hydraulic Improvements 401 Approval DWR Project #20180899 Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland WL— Land Clearing 0.0 (acres) 0.008 (acres) Stream DE — Excavation 0 (linear feet) 30 (linear feet) 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Wilson's Mills Hydraulic Improvements 401 Approval DWR Project #20180899 Page 3 of 3 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15NCAC 02H .0500. Please contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.Rov if you have any questions or concerns. Sincerely, L6aya-'ZI1144� - Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4133 cc: Tyson Kurtz, EEE Consulting, Inc., via email @ tkurtz@eee-consulting.com DWR 401 & Buffer Permitting Branch file Filename: 180899 W ilsonsMillHydrauliclmprovements(Johnston)_401_GC