HomeMy WebLinkAbout20180990 Ver 1_Approval Letter_20190617ROY COOPER
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MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
June 17, 2019
Ridgemont LLC
Attn: Steve.Gould
NORTH CAROLINA
Environmental Quality
DWR #18-0990
Franklin County
833-A Wake Forest Business Park
Wake Forest, NC 27587
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0259) WITH ADDITIONAL CONDITIONS
Ridgemont.
Dear Mr. Gould:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on July 16, 2018 with
payment received on August 2, 2018 with additional information received on January 29, June 6
and June 11, 2019. The impacts are covered by the attached General Water'Quality
Certification Number 4139 and the conditions listed below. This certification is'associated with
the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of.
Engineers (USACE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those r'e'quired by (but not limited to) Sediment
and Erosion Control, Non' -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
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Ridgemont
DWR #18-0990
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1: Road Crossing
133 (linear feet)
0 (linear feet)
S2: Road Crossing -rip rap
22 (linear feet),
0 (linear feet)
S3: Road Crossing
0 (linear feet)
20 (linear feet)
Buffers —Zone 1
131: Road Crossing
3,840 (square feet)
0 (square feet)
Buffers —Zone 2
131: Road Crossing
2,560 (square feet)
0 (square feet,)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be -approved by Franklin County and meet
the requirements of this Certification. The SMR may not be modified without prior written
authorization from Franklin County. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance,' and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
4. 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 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are, incorporated by reference as part of the Certification and
Ridgemont
DWR #18-0990
401 AND BUFFER APPROVAL
Page 3 of 4
Buffer Authorization. If.you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B..0507(d.)(2)]
This approval and its conditions are final and binding, unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative! hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days. `
A petition form.may be obtained from the OAH at htip://www.ncoah.c6m/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing -fee is received in th&—OAH -during normal
office hours (Monday through Friday between 8:00'am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee iso received by the OAH within five (5)
business days following the faxed transmission.
Friday between 8:00am and 5:00pm, excluding official; state holidays).
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. SUPS, FedEx):
Office of Administrative Hearings
17111, New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to'DWR:
If sending by.First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Ridgemont
DWR #18-0990
401 AND BUFFER APPROVAL
Page 4 of 4
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 files
DWR RRO 401 & Buffer file via Laserfiche
Julie Davidson via e-mail at jdavidson(@agriwaste.com