HomeMy WebLinkAbout20110582 Ver 2_Approval Letter_20120313i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
March 13 2012
DWQ# 11 0582 v2
Davidson County
Mr Stephen Chambers
Chambers Engineering PA
129 N First St
Albemarle NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Chambers
You have our approval in accordance with the attached conditions to place fill and impact 241 linear feet of
jurisdictional streams to install fill for the JT Russell Ethanol Transfer Facility located in Healing Springs NC in
Davidson County as described in your modification application received by the Division on January 19 2012 and
additional information received March 12 2012 After reviewing your application we have determined that this fill is
cohered by General Water Quality Certification Numbers 3821 which can be viewed on our web site at
http //h2o enr state nc us/ ncwetlands /rd_wetlands_ certifications htm This Certification allows you to use Nationwide
Permit Number 39 when it is issued by the U S Army Corps of Engineers In addition you should secure any other
applicable federal state or local permits before you proceed with your protect including (but not limited to) those
required by Sediment and Erosion Control (including trout buffer waivers as necessary) Non Discharge State
Stormwater and Water Supply Watershed regulations Also this approval will expire when the accompanying 404
permits expire unless otherwise specified in the General Certification
This approval is valid only for the purpose and design that you have described in your application If you change your
project you must notify us in writing and you may be required to send us a new application for a new certification 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 If total wetland fill for this project (now or in the future) exceeds one
acre or total fill to perennial streams equals or exceeds 150 linear feet additional compensatory mitigation may be
required as described in 15A NCAC 2H 0506 (h) For this approval to be valid you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met No other impacts including incidental impacts are approved
Stream sites
Stream
Impact length
S1
Unnamed tributary 1 to Lick Creek
152 linear feet permanent impact
S2
Unnamed tributary 1 to Lick Creek
55 linear feet permanent impact —
riprap apron
S3
Unnamed tributary 2 to Lick Creek
24 linear feet permanent impact
10 linear feet temporary im act
Total
231 linear feet permanent impact
10 linear feet temporary impact
North Carolina Division of Water Quality Winston -Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107
Phone 336 7715000 1 FAX 336 711 -46301 Customer Service 1877-623 6748
Internet www ncwaterquality org
An Equal Opportunity i Affirmative Action Employer
NorthCarollna
;Vahwillf
JT Russell Ethanol Transfer Facility
DWQ# 11 0582 v2
March 13 2012
Page 2
2 Mitigation must be provided for the proposed impacts as specified in the table below We understand that you
haN e made payment to the Stream 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 For accounting purposes, this Authorization Certificate authorizes
pa} ment into the Stream Restoration Fund to meet the following compensatory mitigation requirement
The final written stormwater management plans as approved through as part of this application (including a
signed and notarized Operation and Maintenance Agreement) must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality
4 The Permittee shall continue to make all efforts to seek immediate resolution to the Notice of Violation issued by
the Division on February 29 2012
5 Upon finishing the protect the Applicant shall fill out and return the enclosed Certificate of Completion to
notify NCDWQ when all work included in the 401 Certification has been completed This certificate should be
returned to the Winston Salem Regional Office of the NCDWQ at the address listed on the form
If you do not accept any of the conditions of this certification —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 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 hearing
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 contact Sue Homewood in the DWQ Winston Salem Regional Office at 336 771 -4964 or at
sue homewood@ncdenr gov
Sincerely
Charles Wakild P E Director
Division of Water Quality
cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email)
Eric Mularski HDR Engineering (via email)
Kelly Williams EEP (via email)
DWQ Winston Salem Regional Office
DWQ Wetlands /401
Compensatory Mitigation
Required
River and Sub basin Number
Stream
232 (feet)
Yadkin 03040103
The final written stormwater management plans as approved through as part of this application (including a
signed and notarized Operation and Maintenance Agreement) must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality
4 The Permittee shall continue to make all efforts to seek immediate resolution to the Notice of Violation issued by
the Division on February 29 2012
5 Upon finishing the protect the Applicant shall fill out and return the enclosed Certificate of Completion to
notify NCDWQ when all work included in the 401 Certification has been completed This certificate should be
returned to the Winston Salem Regional Office of the NCDWQ at the address listed on the form
If you do not accept any of the conditions of this certification —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 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 hearing
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 contact Sue Homewood in the DWQ Winston Salem Regional Office at 336 771 -4964 or at
sue homewood@ncdenr gov
Sincerely
Charles Wakild P E Director
Division of Water Quality
cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email)
Eric Mularski HDR Engineering (via email)
Kelly Williams EEP (via email)
DWQ Winston Salem Regional Office
DWQ Wetlands /401