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HomeMy WebLinkAbout20190752 Ver 3_Chemours Water Flow Monitoring V2.docx_20200603ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality April 8, 2020 DWR # 19-0752 v2 Bladen County Cumberland County Chemours Company — Fayetteville Works Facility ATTN: Ms. Christel E. Compton 22828 NC Highway 87 W. Fayetteville, NC 28306-7332 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Chemours -Water Flow Monitoring Project Dear Ms. Compton: You have our approval for the impacts listed below for the purpose described in your application dated February 26, 2020. These impacts are covered by the attached Water Quality General Certification Number 4132. This certification is associated with the use of Nationwide Permit Number 5 once it has been issued to you by the U.S. Army Corps of Engineers. This Certification replaces the Certification issued on July 26, 2019. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required 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(s) or general permit and the following additional conditions: 1. This Certification is for work associated with a remedial plan as required by Consent Order 17 CVS 580 issued in the North Carolina Superior Court for Bladen County dated February 25, 2019 between the Chemours Company FC, LLC and the State of North Carolina and Cape Fear River Watch. 2. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts [15A NCAC 02H .0506 (b)(c)]: D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 NORTH CAROLINA i n.w� t pf EnWrp.m W q..Iily 910.433.3300 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Strea m S1— Flume for base flow measurement 0 (linear feet) 12 (linear feet) S2 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S3 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S4 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S5 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S6 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S7 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) S8 — Flume for base flow measurement 0 (linear feet) 12 (linear feet) TOTAL 0 (liner feet) 96 (linear feet) 3. For the purposes of this Certification, flumes are considered culverts as used in any applicable conditions on the attached Water Quality General Certification Number 4132. 4. Upon completion of flume installation, the Division shall be notified and photo documentation provided to the Division. [15A NCAC 02H .0506 (b)(2)] 5. Upon restoration of temporary impacts to streams, the Division shall be notified and photo documentation provided. All restored areas shall be monitored biannually for at least one year with photo documentation. The monitoring may be extended if the restoration sites have not adequately recovered. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. The permittee and/or their contractor shall invite the Division to resource assessment meetings or pre -construction meeting the Army Corps of Engineers are also invited to. 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. 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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification 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 http://www.ncoah.com/ 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 the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, 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 is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chad Turlington at 919-707-3631 or chad.turlington@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSiggnned'�by: ) M .mil a -1 lAA, 5189=3DD5C42B... Trent Allen Regional Supervisor Division of Water Resources Water Quality Regional Operations Section Enclosures: GC 4132 cc: Emily Greer, Wilmington Regulatory Field Office, Wilmington District ACOE (via email) Luke Eggering, PWS, Parsons