HomeMy WebLinkAbout20071163 Ver 2_Approval Letter_20070924Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
September 24, 2007
Town of Farmville
Attn: Richard N. Hicks
P.O. Box 86
Farmville, NC 27828
Subject Property:
DWQ Project # 07-1163
Pitt County
Farmville-Greenville County Alternative Water Supply
Neuse Basin, Contentnea Cr., 030407, 27-86-(7), NSW, C, Sw
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Hicks:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 80 feet of streams and 8000 square feet (ft2) of protected riparian buffers for
the purpose of the installation of water transmission mains at the subject property, as described within
your application dated July 9, 2007 and received by the N.C. Division of Water Quality (DWQ) on July
16, 2007. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows you to use
Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USAGE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in i 5A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
North Cazolina Division of Water Quality Internet; h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCay+ro/l/ina
An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper ~~~~` ~i`~
Applicant:
Page 2 of 3
Date:
Amount A roved (Units Plan Location or Reference
Stream 80 feet Plat rovided with a lication
404/CAMA Wetlands na acres na
Waters na acres na
Buffers 4800 s uare ft. Zone 1
3200 (s uare ft. Zone 2
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
5. 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 the attached
certificate of completion to the 401 OversightBxpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Applicant:
Page 3 of 3
Date:
6. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. "f o ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
healing.
Any disputes ever determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 1SOB.
This letter completes t}~e review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 1 SA NCAC 2B .0233. If you have
arly questions, please telephone Kyle Barnes at 252-948-391 `7 or Ian McMillan at 919-733-1786.
;~i erely,
Al Hbdge/ ~u~ sor
:Division of Water Quality
Surface Water Protection
Washington Regional Office
;; lc,~•lttt. tC91o{y''i :)a +_ ?lY ~lel n
d;:~; C'x?~-js of l ,{nee~~ `~~ °u:i~°,t{ ~~ "iel~l t;iffic4a
i ,~,'t~> ,-1~J1 ,J~ ersi~;r;t/r :~pr.~:sc t.:'~~it
~',c ccpy
syxita°al Fi:;;
., .erne: 07-1163
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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', Certij ~c~:> Lion
Date:
I, __ ____.___.__ ,hereby state that, to the best of my abilities, due care and diligence was
used in th ~ .useY;~a:` ~~,1 of the construction such that the construction was observed to be built within substantial
compliance ~~t1d iitt~!°:; of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supi~~~~~rtit~~ materials.
Signature:
Date:
If this ~~ro~°#~~~ ~ >> ~~s clesignecl by a Certified Professional
I, __ , __ _ as a duly registered Professional (i.e., Engineer,
Lando 'ape : h::f,c±, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
week;,;, f'~." time; ~_~ construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and dil~ -;,~n~~ ~ was ~.:nd in the observation of the construction such that the construction was observed to be built within
substar~ti~~ ~ {jm,~a~:;= ce a~~d intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
snerik'~ at„,,:~ ,x,~{~3 ~:;ther s~~pporting materials.
County:
5i~,iiu.ttr~: Registration No. Date
WG2C #3625
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
_ _.... .
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 26 .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and
WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed
appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. if any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required, Also, Conditian No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence fora 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the tvr+o fees;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any
project with Buffer Rules in effect at the time of application far buffer impacts resulting
from activities classified as "allowable with mitigation°° within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than anear-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or mare than 105 degrees to
the stream bank};
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with na joints connected within the footprint of a
WQC #3625
stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or
b) with properly bedded and supported ductile iron. Otherwise, written concurrence from
DWQ is required;.
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins {or any other river basins with Buffer Rules in effect at the time of application)
..requires written concurrence from DWQ in accordance. with 15A NCAC 28.0233, .0259,
.0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
'protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 26 .0233, .0259, .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility Ifne. Rip rap may only be used below the normal high water level.
The stream berm must be restored to the original contour after construction. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
WQC #3625
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
.corridor larger than ten feet is acceptable. for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance .corridor beyond those widths
specified in this General Cert~cation;
16. An .anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 metei`s) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally. drilled, and perpendicular wetland crossings .that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for. the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack fi.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
ti:~rill be removed to a high ground disposal area;
i 8. If an envlrrynmental document is required, this Certification is not valid until a Finding of
No Siclnifica~~t Impact (FONSI) or Record of Decision (ROD) is issued by the State
clearinghouse;
"~'~~. ~tn~~raw~ter management will not be required for this Certification as long as all other
sod:ditic~~rs ar>~ met. However, in the twenty coastal counties, the appropriate DWQ
I~ogi~:~nal Offi~:e must be contacted to determine if Coastal Stormwater Regulations still
pi;l~~.
~0. compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
.got be required for this Certification if written concurrence is not needed;
~'~ . ~ "~ys'p1~:da~ ~f a s~':ollar per acre figure into the Wetland Restoration Program for these
;rnp: ,,.;t. is ~;~'~a~.~ptable when compensatory mitigation is required as long as the Wetlands
iZes~a~,atio+~ ;~,,.;~ram agrees in writing to accept this payment. Other mitigation plans
rri, ~~t ref::+s+e w~-;tten DWQ concurrence;
?~. ~"9ais ~,:artiti~;z~rio+; does not relieve the applicant of the responsibility to obtain all other
~qui;".;ti ~ ~!;~r~-!, ~t~te or local approvals;
g ;~. t~.~ditionai site- sp~~,jific conditions may be added to projects for which written concurrence
regi9ir~d or r~~<_a:,~ted under this Certification in order to ensure compliance with all
~~lir -~' '~.~ ~, ;t effluent standards;
<i. +'oncurrence from r)WQ that this Certification applies to an individual project shall expire
~~ , gars ~roi. ~i~~; date +~f the cover letter from DWQ or on the same day as the
-,~sir..:'.ion d~~te < ' he °;orrsponding Nationwide Permit 12 or Regional Permit 198100049
.~: -~;~.a~=,:,~rr;r is~ sr:,.lner;
WQC #3625
25. When written concurrence is required, the applicant is required to use the most recent
version of the Cert~cation of Completion form to notify DWQ when all work included in the
401 Cert~cation has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Cert~cation for the project and may also result in criminal andlor
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certificationfor any project in this category of activity that'requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for speck applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
gy
a~--
Alan W. Klimek, P.E.
Director
WQC # 3625