20040385 Ver 1_Approval Letter_20050922

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Mr. Larry Faison, Town Manager
502 Church Street
Swansboro, NC 28584
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2005
Re: Town of Swansboro - Wastewater Treatment Plant Improvements
DWQ #040385; USACE Action ID. No. 200401197
APPROVAL of 401 Water Quality Certification
Onslow County
Dear Mr. Faison:
Attached hereto is a copy of Certification No. 3532 and Isolated Wetland Permit 16 issued to the Town of
Swansboro, dated September 22, 2005. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
AWK/j rd
Attachments: Certificate of Completion
iP.E.
cc: Brad Shaver, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Noelle Lutheran, DWQ, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
Janet Russell, DLR Wilmington Regional Office
File Copy
Central Files
W. Landon Younce, P.E., Green Engineering, P.O. Box 609, Wilson, NC 27893
Kim Colson, DWQ
Filename:
040385Swansboro(Onslow)401IP
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
N i Carolina
Naturally
An Equal Opportunity/Affirmative Acton Employer - 50% Recycled/10% Post Consumer Paper
Town of Swansboro t
Page 2 of 5
September 22, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 15 NCAC 2H, Section.0500 to the Town of Swansboro to fill 1.01 acres of jurisdictional
wetlands and 1.72 acres of isolated wetlands in the White Oak River Basin, associated with the construction
of the Town of Swansboro Wastewater Treatment Plant Improvements in Onslow County, North Carolina,
pursuant to a complete application filed on the 28th day of January of 2005, and in additional
correspondence received May 25, 2005, July 5, 2005 and September 14, 2005 (dated September 7, 2005).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Amount Approved
Units Plan Location or Reference
Stream N/A
404 Wetlands 1.01 acres Reclaimed Water Holding Pond
Isolated Wetlands 1.72 acres Reclaimed Water Holding Pond
Buffers N/A
Sediment and Erosion Control:
2. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
must be adhered to throughout the life of this project;
Town of Swansboro
Page 3 of 5
September 22, 2005
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.
4. 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 404/401Permit Application. 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;
5. 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;
Continuing Compliance:
The Town of Swansboro shall conduct construction activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of State law and federal law. If the
Division determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify the Town of
Swansboro and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to the Town of Swansboro in writing, shall be
provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project;
Town of Swansboro
Page 4 of 5
September 22, 2005
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the 1:1 restoration mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the 1:1 restoration mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The
EEP should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Isolated Wetlands 1.72 acres WOK01 03-05-01
Riparian Wetlands 1.01 acres WOK01 03-05-01
In addition, the remaining 52.06 acres of jurisdictional and isolated wetlands within the project limits
must be placed in permanent preservation in accordance with the draft Conservation Declaration
received by the Wilmington Regional Office on July 5, 2005. Preservation of the remaining wetlands
in addition to payment to EEP will satisfy DWQ's mitigation requirements. A copy of the recorded
Conservation Declaration must be submitted to this office prior to impacting any wetlands on the
subject property;
Other conditions:
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCG010000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
httmllh2o.enr.state.nc.us/su/Forms Documents.htm;
9. Wetland Monitoring
Mr. Kim Colson of DWQ shall be contacted in writing regarding the need for a monitoring plan for
the isolated wetlands which are adjacent to the spray field. If. Mr. Colson determines that a
monitoring plan is warranted, then this plan must address vegetation, water quality, water levels and
aquatic life effects. Any required plan must be submitted for review to the Wetlands/401 Office in
Raleigh and DWQ's Wilmington Regional Office thru Mr. Colson.
Town of Swansboro
Page 5 of 5
September 22, 2005
10. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 22nd day of September 2005
DIVISION OF WATER QUALITY
Cert 3532/IWP 16
AWK/jrd