HomeMy WebLinkAbout20110582 Ver 3_Approval Letter_20120321North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
March 21 2012
DWQ# 11 0582 v3
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 and 0 48 acres of fill in wetlands 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
March 16 2012 After reviewing your application we have determined that this fill is covered 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
protect 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 un act
S2
Unnamed tributary 1 to Lick Creek
55 linear feet permanent impact —
nprap apron
S3
Unnamed tributary 2 to Lick Creek
24 linear feet permanent impact
10 linear feet temporary impact
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 336 771 -46301 Customer Service 1- 877 - 623 -6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarollna
JT Russell Ethanol Transfer Facility
DWQ# 11 0582 v3
March 21 2012
Page 2
Wetland sites
Type of Impact
Amount Approved
W1
Fill
0 48 acres permanent fill
Total
0 48 acres permanent impact
2 Mitigation must be provided for the proposed impacts as specified in the table below We understand that you
have 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
payment 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 Upon finishing the project 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
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC)
2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters including
wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality Pursuant to G S 143 215 6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25 000 00 per day for each violation
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 Tlus certification and its conditions are final and binding unless you
ask for a hearing
Compensatory Mitigation
Required
River and Sub basm 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 Upon finishing the project 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
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC)
2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters including
wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality Pursuant to G S 143 215 6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25 000 00 per day for each violation
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 Tlus certification and its conditions are final and binding unless you
ask for a hearing
JT Russell Ethanol Transfer Facility
DWQ# 11 0582 v3
March 21 2012
Page 3
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 7714964 or at
sue homewood @ncdenr gov
Sincerely
�
Charles Waluld P E Director
/ Division of Water Quality
cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email)
Eric Mularslu HDR Engineering (via email)
Kelly Williams EEP (via email)
DWQ Winston Salem Regional Office
DWQ Wetlands /401
DWQ Wbscap Unit NOV 2012 PC 0065
JT Russell Ethanol Transfer Facility
DWQ# 11 0582 v3
March 21 2012
Page 4
DWQ Project No
Applicant
Project Name
Date of Issuance of 401 Water Quality Certification
County
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 this certificate to the 401/Wetlands Unit North Carolina
Division of Water Quality 1621 Mail Service Center Raleigh NC 27699 1621 This form may be returned to DWQ by
the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of
these
Applicant s Certification
I hereby state that to the best of my abilities due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and
other supporting materials
Signature
Date
Agent s Certification
I , hereby state that to the best of my abilities due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and
other supporting materials
Signature
EMineer s Certification
Partial Final
Date
I as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the
Permittee hereby state that to the best of my abilities due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Registration No