20110195 Ver 1_Approval Letter_20110406

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 6, 2011
Greenville Utilities Commission
Mr. Randall Emory
PO Box 1847
Greenville NC 27835-1847
Natural Resources
Dee Freeman
Secretary
DWQ Project # 11-0195
Pitt County
Subject Property: Westside Regional Pump Station and Force Main
Tar-Pamlico Basin, Tar River [Tar05 28-(91.5); WS-IV, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the
Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional
Conditions
Dear Mr. Emory:
You have our approval, in accordance with the attached conditions and those
listed below, to place fill within or otherwise permanently impact 0.196 acres of
wetlands and temporarily impact 0.72 acres of wetlands, temporarily impact 350
feet of streams and permanently impact 10,939 square feet (ft2) of protected
riparian buffers for the purpose of constructing Westside Regional Pump Station,
force main and gravity sewer to connect to the GUC WWTP at the subject
property, as described within your application dated February 23, 2011 and
received by the N.C. Division of Water Quality (DWQ) on February 28, 2011. The
impacts described in your application are covered by General Water Quality
Certification Number(s) 3819 (GC3819). The Certification (s) allows you to use
Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE).
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
North Carolina Division of Water Quality Internet: www.ncwaterqualityorg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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
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 350 (feet) Temporary Plan Sheets included with
application
404/CAMA 0.72 (acres) Temporary Plan Sheets included with
Wetlands 0.196 acres Permanent application
Waters acres
Buffers 7221 (square ft.) Zone 1 Plan Sheets included with
3718 (square ft. Zone 2 application
2. Handling of wetland soils within utility corridors
The mixing of topsoil and subsoils within the wetlands along utility corridors shall
be minimized to the greatest extent practical. During excavation, the soils shall
be placed on fabric to minimize impacts whenever possible. Topsoil excavated
from utility trenches will be piled separately from subsoils and will be backfilled
into the trench only after the subsoils have been placed and compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the
utility and cut remaining stumps off at grade level.
The general stripping of topsoil within wetlands along the utility corridor is not
permitted.
3. Sensitive Watershed Erosion and Sediment Control Practices
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The Division of Land Resources' Design Standards in Sensitive Watersheds
(15A NCAC 04B .0124) must be adhered to throughout the life of this
project.
4. 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.
5. Buffer Impacts
All disturbed buffer areas must be stabilized and permanently seeded within 21
calendar days. All disturbed buffer area outside of the approved utility corridor
must be allowed to naturally re-vegetate and remain undisturbed (except for
uses and activities designated as "exempt" within 15A NCAC 02B.0259), unless
otherwise approved by the DWQ.
6. 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.
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7. 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.
8. 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;
9. "Re-opener" Clause
GUC and its authorized agents shall conduct its 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. GUC shall
require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a
copy of this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If DWQ
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,
DWQ 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,
DWQ shall notify GUC 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 GUC 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.
10. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i) (2) (G) and all other State,
Federal and local sewer system regulations.
11. Certificate of Completion
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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 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. To
ask for a hearing, send a written petition, which conforms to Chapter 1506 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 hearing.
Any disputes over 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. 1508.
This letter completes the review of the Division of Water Quality under Section 401
of the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as
described within 15A NCAC 2B .0259. If you have any questions, please
telephone Amy Adams of the Washington Regional Office at 252-948-3917 or Ian
McMillan of the 401 Oversight/ Express Unit at 919-807-6364.
AcofeA.
ceFor Enclosures: Certificate of Completion
GC 3819
cc: Emily Jernigan, Corps of Engineers Washington Field Office
DWQ 401 WeBSCaPe Unit
DLR, WaRO
File copy