HomeMy WebLinkAbout20100039 Ver 2_Approval Letter_20100429NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 29, 2010
Town of Red Oak
P.O. Box A
Red Oak, NC 27868-0016
Town of Red Oak: Sewer System Project
Ut to Pig Basket Creek [030302, 28-68-3-(2), C, NSW]
DWQ Project # 10-0039, Ver. 2
Nash County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions - Revised
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 20 linear feet of perennial stream (temporary impact), and 1,680 square feet of Zone 1 Tar-
Pamlico River basin protected riparian buffers and 1,050 square feet of Zone 2 Tar-Pamlico River basin
protected riparian buffers, as described in your application dated March 29, 2010, and received by the Division
of Water Quality (DWQ) on April 1, 2010, to construct the proposed sewer system project to provide sanitary
sewer service to the Town of Red Oak, Red Oak Elementary School, and Red Oak Middle School. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3819 (GC3819). The Certification(s) allows you to use Nationwide Permit(s) NW 12
when issued by the US Army Corps of Engineers (USACE). This Certification replaces the Certification
issued to you on April 9, 2010. This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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 15A 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:llh2o.enr.state.nc,us/ncwetiands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Town of Red Oak
Page 2 of 4
April 29, 2010
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:
Type of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 20 linear feet - temporary impact PCN page 5 of 12
Buffers Zone 1 1,680 (square ft. PCN page 7 of 12
Buffers Zone 2 1,050 (square ft. PCN page 7 of 12
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
is
iI'Olli the DID ISIGu. Ii plawn?ent c,. b?illluellt and CIU?;.ill W11trOi (IeVi?C? ii; w'?tlalldS and
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
Town of Red Oak
Page 3 of 4
April 29, 2010
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
7. 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;
Mitigation:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you have agreed to provide wetland mitigation for proposed wetland impacts and wish to make a
payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement and additional mitigation commitment. 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
(919) 716-1921 if you have any questions concerning payment into a restoration fund. You have 60
days 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:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Buffer Zone 1 1,440 (square feet) TAR/02
9. Certifir,?te of Completior
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 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 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 thirty (30) 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
Town of Red Oak
Page 4 of 4
April 29, 2010
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)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Tar-Pamlico River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Ian McMillan or Amy Chapman at 919-733-1786.
Sinc
Coleen H. Sullins
CHS/ijm
Enclosures: GC 3819
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DW Q Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Christopher A. Thomson, The Wooten Company, 120 Boylan Avenue, Raleigh, NC 27603
Filename: 100039Ver2TORedOakSewerSystemProject(Nash)401_TPBR_Revised
G`?Rvk
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, the Town of Red Oak has permission to fill or otherwise impact 20 linear
feet of perennial stream (temporary impact), and 1,680 square feet of Zone 1 Tar-Pamlico River basin protected
riparian buffers and 1,050 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, associated with
the proposed sewer system project to provide sanitary sewer service to the Town of Red Oak, Red Oak Elementary
School, and Red Oak Middle School, located in Nash County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Town of Red Oak Sewer
DWQ PROJECT 20100039, Ver. 2
LOCATION: Cary
COUNTY Nash
BASIN/ SUB BASIN TAR/02
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
480 Square Feet Zone 1Buffers 1,440 Square Feet Zone 1Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address beiow. 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 716-1921
Filename: 20100039Ver2TORedOakSewerSystemProject(Nash)401 TPBR_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: hftp://h2o.enr.state,nc.us/ncwetlands/
NorthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer