HomeMy WebLinkAbout20060844 Ver 1_Approval Letter_20070920O~ NI A 7'F9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
~O~ q~ North Carolina Department of Environment and Natural Resources
~ ~
~ ; ~ Coleen H. Sullins, P.E., Director
O ` .~ Division of Water Quality
September 20, 2007
DWQ Project # 06-0844
Craven County
Town of Cove City
Attn: Dred Mitchell, Jr.
P.O. Box 8
Cove City, NC 28523
Subject Property: Town of Cove City Sanitary Sewer Improvements
Neuse Basin, Core Creek, 030408, 27-90, NSW, C, Sw
You have our approval, in accordance with the attached conditions and those listed below, to install a sewer line
within subject area, as described within your application dated July 12, 2006 and received by the N.C. Division.
of Water Quality (DWQ) on July 17,2006. After reviewing your application, we have decided this fill is
below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3625 are met, which may be viewed on our website at
I~tt~://1~1?o.enr.statr:.l7c,zis; licti~°etlancls and is attached with this document.
This approval is only valid for the purpose and design that you described an your application except as
modified below. 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 wetland fills for
this project (now or in the future} exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and {7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify ®WQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federa1404 and/or coastal Area Management Act Permit.
l r you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
°'.: ui: 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
r" :rh Carolina Division of Water Quality Internet h2o.enrstate.nc.us
9=ss Washir.~~?~:~n Square Mall Phone: 252-946-6481 One
Washingt~ ,3,t~C 27889 FAX 252-946-9215 Nol°thCarolina
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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Kyle Barnes of the Washington Regional Off ce at 252-948-391.7 or
Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely
Al odge uperva<sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
LAMA, Morehead Office
File copy
Central Files
Joseph McKemey, McDavid and Associates, Inc.,
P.O. Drawer 49, Farmville, NC 27828
Filename: 06-0844
Noa` Carolina
401 Oversight/Exptess Permitting Unit '' "'tuCQ~~~/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17867 FAX 919-733-6893 / Internet: http~/.~h2o enr Mate ne us'nc~+ed7i7d5
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upoi~ completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subset vent modifications, the applicant is required to return this certificate to the 401 OversightBxpress Permitting Unit,
Nori.il l:,;arol?.~~n Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to U'WQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
A~?oliccr~t's ~:`e~tification
I, _ _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
cor~lplialic~: grid intent cif the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
acid other supporting materials.
.__ .a ____ _ __.
t ,r: ,,bserv~_ ..,1~ _. ~ ~ ,
., 1_~}~i; ,r ,rd . ,_ .r , tide t01
~~-n~, ~>ther ~i~,.~,ort~rt~ .,~it~~~~~s,
~~~,r <ture:
Uate:
~~~'~~~is ~~~ ~~jec~ ~ ~,~ c~~.5~~s°~:~,~ d~~ ~~ f._~l~~'~~~er~' d'~.o~~ ~sionnd
I, 5 r; duly registered Professional (i.e., Engineer,
1 c~sc. ~,~e !-~rt:~hit~c. S1_~r~ ~.y`~~r, d'.;.) i12 ae State ~-~ ~N, ~ r;, r:.arolina, having been authorized to observe (periodically,
:-~.ia; , . =lil lirih' ~-~_, corl~trl,;tir~l ~t~ :.a~ . ;~~ ~~j< !`.~r he '.°t:_s ll:>rtee l~l~.reby state that, to the best of my abilities, due care
.1:~~ ~°~ "1;,~.~,,,P ~~. ~:~ ~..=Fv;1 irr th4~ obi=.. ~~,t~ ~. ~°; , ~ ~:~°~rl~ tructi<}n sl±l:h that the construction was observed to be built within
suc~~.t~ ~t,~ ,.,~h;,pl~ .,,,;- and '~~3.ent cr. ~;~., ~O1 ".~',~teaa ~)a°.~h~±y (.~r~rtification and Buffer Rules, the approved plans and
o'->~~.~~~~~,'lt lif, pr ~~tr~r.~r~_!.~ r i7Y >lr°*I;~~~:
Date;
_ __, hereby state that, to the best of my abilities, due care and diligence was
c.onstr~~ ti~.~~- .~~~h ;?tat the constl°uction was observed to be built within substantial
~"j ater S~)~aalaiy +(~~ ~°tificatio~- and Buffer Rules, the approved plans and specifications,
J~U,TIICLIC'• ~CGk,IJl121L1U11 a_vC). Date
VVQC #3625
UTILITY LINE BACICFILL AND BEDDING CERTIFICATION
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 26..0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and
WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed
appropriate by 4he Directar of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence frorro DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence fora 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
In accordance with 15A NCAC 2t-I .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any
project with Buffer Rules in effect at the time of application for buffer impacts resulting
from activities classified as "allowable with mitigation°° within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made by DWQ for any Certification
involving written concurrences including those for relevant buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than anear-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or MRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
WQC #3625
stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or
b) with properly bedded and supported ductile iron. Otherwise, written concurrence from
DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or ariy other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 26.0233, .0259,
.0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 26 .0233, .0259, .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream berm must be restored to the origina9 contour after construction. Placement
of rip rap or other materials steal! not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the mast recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
~~ All .....i: 4 J ..-..~:__ s 1
1 1. nu aculi7icn~ cilu Clww~i d'.Vnl1~Jl 111CG.~191C.`S. ~Ild~`.ed in wCtl£indS ar vV~ter~ ~l'1a11 be
removed and the natural grade restored within two months after the Division of Land
Resources has released the praject;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials} is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
menim!zed t0 the max.~mum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
WC~C #3625
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collarshall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long, do not require anti-seep, collars. The compacted: clay shall
have a specific discharge of 1 X 10- 5.cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) dump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
7. This C~e~~~;ral Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restorlrg wetland contours. Any excess material
~:vil! °r3erc~r^c~v~;~:~ to a hitlh ground dispose! area;
1 ~. if :~~n envi~~anmentai doc~r~tent is required, this Certification is not valid until a Finding of
s,g~n `;~igr3l" ~~ant !~ ~~:,b ,`'C~iV:~°~ P~: ~ ?ecisi~,,~~ ~;~Cd) . <~s~;ed by the State
Claarincgti~?use; Y
~~. Y,t=~y mv~ate~ ~~~ar~~ges~ t ~~ i!I :ant lie ~Acluir€~~z for +~is C~, r~ri~atinn as long as all other
~,~ditl,.~,s ~:~~,,. .~k~y. , .,~,y; s~ the ,..~,r~q~ ~al cG+_a1~~a~~, v.,. appropriate DWQ
~:;gior~~ ~f,~~ ~r;~.~st ~~ co ,~ ~~:ate~ b ~i~te~~rrti~_..f Caas~~l ~<:~~rrrawater Regulations still
:y~.:. SA,~'r;~ra~~c~%£vt'."'w ~'~ ,i.,.i~.°.:..i^ le ::.: .Gat.^. Sinn n. ,:..t. v:i v° q"Sr:..°.,~°.r'. u.e jai) 4or ::~etl2nd lvvv°..~ ::dll
nc~t k~e r~~uiree~ f,~Y ah~ Cc.9 $ificr~~:ion if va9ritten c9?r~~tarrence is not needed;
~.~ . ~ ~° ~rrne = ~:~ fr.~olar x ,° w,=~; ~ ,~~,~:9-~~ , ~~~~ tf~,~: ~~V~ ~~r~a~ a=~eWa~~: ~~tion grogram for these
irti acts is aptab! , ~! a .:. _,lre~ra ;-_ _~:~ ~ ~A ~;~ long as the Wetlands
R~ ~ytorati~-,~, ~'rograr~;> ~~gre~ ~ : U~rii ~~, ;.~ ~~~ .~~i ,,,is p~y~~e~~t. ~'3ih~r mitigation plans
nbn.t.~t rac~;ve written t:)WQ ~ <+_~~-~~rrenr~;
,'~> ~~i~l`. i~ert~~tC'''oT 1,~C ~ Y1dr' 1~~=:,'v Cl !?',~iCa~21t <<< til(: -,' a~lC9r`i:si~fl~N:`,+ ~~ obtain all other
re~as~ired ~ ~ ' ~ -~1, :~ ; ^ ur s~~d ; ~~p~.o,
..{ r~d1~'isit=opal ~it~: ~pt~r ~3c ~.ondit? ~sr~~ rr1.~y to ~rid~~s ~~ pr~nects for which written concurrence
i~=~r;~.ad~ec` ;3~ .q~!s>s~~l' ur„ ..~• trf~is t t~~t,~ic~sica. i,. ~rx.~~.: t . ~~~~~~or~ .;:~~ipllance with all
r'on~~3rrenca prom i'~1~t~C~ ;r ,; ~~~{:~ ("~r-ttflc~?tit)n an~a9i~s pn ar ir~~:Jivi(iual project shall expire
ti.. ~ . v.~~.,,~ l s4tledayasthe
e ~irfli ,~; ,f to~; ~~t ~~ ';~ ~~' ';~f~ ~a ` °n'sis ~ •~ oal Permit 198100049
WQC #3625
25. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notifyDWQ when all work included in the
401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Cert~cation for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal appiicatiomfor individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
.significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
cert~cation decis(on if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
ay
~~
Alan W. Klimek, P.E.
Director
WQC # 3625