20100766 Ver 1_Approval Letter_20101130

NCDE R'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 30, 2010
Mr. John Wren
Mountaire Farms of Delaware
P. O. Box 1320
Millsboro, DE 19966
Subject Property: Mountaire Chicken Rail Relocation
Big Marsh Swamp [030753, 14-22-2, C, Sw]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wren,
Robeson County
DWQ EXP#: 10-0766
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0 linear feet of stream and 0.40 acres of wetland for the purpose of
constructing the proposed Mountaire facility expansion and rail relocation, as described within your Pre-
construction Notification Application dated November 19, 2010 and received by DWQ on November 22,
2010 with supplementary information received on November 16, 2010 and November 29, 2010. The
impacts are covered by: General Water Quality Certification Number 3821 (GC3821) which allows you
to use Nationwide Permit NW39, when issued by the US Army Corps of Engineers (USACE). 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 Permit.
This approval is for the purpose and design that you described in your PCN application (dated November
19, 2010) and site plans received by DWQ on November 16, 2010 with revisions received on November
22, 2010 and November 29, 2010. If you change your project, you must notify us and you maybe
required to send us a new application. If the property (or a lot on 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 Water Quality
Certifications (GC3821) 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 are met. No other impacts are approved including incidental
impacts:
401 OversighVExpress Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Not thCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 aturallr?
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity \ Affirmative Action Employer
Mountaire Farms of Delaware
Page 2 of 4
November 30, 2010
Impact Type Amount Approved (Units) Plan Location or Reference
Wetlands 0.40 (acres) - permanent November 19, 2010 PCN page 5 of 11
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 and authorized by this
approval letter. 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. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is 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.
4. 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. 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. 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.
Construction Stormwater Permit NCGO 10000
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 (NCGO10000) 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 h9p://h2o enr.state.nc.us/su/Forms Documents.htm.
6. Stormwater Management Plan (SMP)
After carefully reviewing the information, the DWQ approves the revised SMPs dated November
19, 2010 (Engineer's Sealed Date) to satisfy the stormwater condition required by the Water
Quality Certification. You are required to meet the following conditions:
a. The stormwater management system consisting of one (1) infiltration basin and all associated
appurtenances, stormwater conveyances, and the grading and drainage patterns depicted on
Mountaire Farms of Delaware
Page 3 of 4
November 30, 2010
the final revised plans, as approved by this office must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality. The stormwater management structures shall have
maintenance access and at least a 10-foot drainage easement on each side to allow for the
ability to maintain the structures, and to perform corrective actions. The stormwater
easements shall be recorded to provide protection of the structures from potential alterations
by future property owners.
b. All operation and maintenance activities shall be followed as stipulated in the operation and
maintenance agreements for the infiltration basin received in our office on November 16,
2010 and signed on November 10, 2010.
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 to ensure compliance with GC 3821.
8. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
9. Certificate of Completion
Within thirty (30) days of the 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. Please send photographs upstream and downstream of each culvert site to
document correct installation along with the Certificate of Completion form.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification.
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 401 Water Quality Certification you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings (OAH). 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 OAH accepts filings Monday through
Friday between the hours of 8:00am and 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.
Mountaire Farms of Delaware
Page 4 of 4
November 30, 2010
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], 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. If you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
Sincerely,
leen H. Sullins
CHSIi nzllmg
Enclosures: Certificate of Completion
GC 3821
cc: File Copy
DLQ Fayetteville Regional Office
David Bailey, USACE Wilmington Regulatory Field Office
Chad Turlington, DWQ Fayetteville Regional Office
William Mullin, J. H. Carter & Associates, Inc., 515 Midland Road, Suite F, Southern Pines, NC
28387
File: 10-0766MountaireChickenRailRelocation(Robeson)401(NW39).doc