20090266 Ver 1_Approval Letter_20100204

LA
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 4, 2010
DWQ Project # 0970266
Pitt County
Greenville Utilities Commission (GUC)
Attn: Ricky Langley
1721 Waterway Road
Greenville, NC 27835
Subject Property: GUC Raw Water Pumping Station
Tar River [030305, 28-(91.5), NSW, WSIV, CA]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions - MODIFICATION
Dear Mr. Langley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.15 acres of 404/wetland, 180 lineaffeet of perennial stream (137 linear feet permanent, 43
linear feet temporary), and 19,160 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and
13,002 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your
application dated March 2, 2009, and received by the Division of Water Quality (DWQ) on March 16, 2009,
with additional information received from you on March 20, 2009, May 7, 2009, and February 3, 2010, to;
install a second intake line at the site. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3699 (GC3699). The Certification(s) allows you to
use Nationwide Permit(s) NW 12 when issued by the US Army Corps of Engineers (USACE). This
Certification replaces the Certification issued to you on May 11, 2009. This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer
GUC
Page 2 of 3
February 4, 2010
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.15 (acres) PCN application page 7 of 13
Stream - perennial 180 [(linear feet) - 137 linear feet
permanent, 43 linear feet temporary] Correspondence dated March
19, 2009
Buffers Zone 1 19,160 (square ft.) PCN application page 8 of 13
Buffers Zone 2 13,002 (square ft.) PCN application page 8 of 13
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may be
GUC
Page 3 of 3
February 4, 2010
necessary to provide stormwater facilities that are considered to remove nitrogen(and phosphorus if in
the Tar-Pamlico River Basin). This may require additional approval from this Office.
6. 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;
Buffer Mitigation Plan
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation
to compensate for impacts to the protected riparian buffers is was calculated to be 1,360 square feet as
required under this Authorization Certificate and 15A NCAC 2B .0260(3). These impacts take place in
Zone 1 as a parallel impact thus requiring the impact square footage to carry a multiplier of three (3). The
total area of mitigation is 4,080 square feet. You shall submit a mitigation plan as required plan under
15A NCAC 2B .0260(3) to this Office for approval. The mitigation plan shall be approved by DWQ
before any of the proposed impacts approved under this Authorization Certificate occur. Mitigation plans
typically proposed include buffer restoration or enhancement [15A NCAC 2B .0260(9)] or payment into
the Riparian Buffer Restoration Fund [15A NCAC 2B .0260(7)].
8. FONSI Requirements
All conditions set forth in the Finding of No Significant Impact (FONSI) issued as a result of the
Environmental Assessment (EA) shall be conducted to protect resources as a result of this project.
Specifically, the relocation of mussel species within the coffer dam during the dewatering process.
9. NC Wildlife Resources Commission Requirements
• Screens must be placed on the new intakes that will not exceed a mesh size of Imm and a'
velocity of 0.5 ft/sec.
• No water work shall occur from February 15 - September 30 of any year. However, the DWQ
will grant a one time exception to this moratorium to allow water work to also occur from
February 16, 2010 -March 17, 2010.
10. 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 the attached certificate of
completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of
the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), 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
GUC
Page 4 of 3
February 4, 2010
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review
asprovided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Tar-Pamlico River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
CHS/gym
Enclosures:
cc
GC 3699
Certificate of Completion
Since ely,
leen H. Sullins
Al Hodge, DWQ Washington Regional Office
DLR Washington Regional Office
USACE Washington Regulatory Field Office
Maria Dunn, WRC (email: [e-mail])
Jennifer Heard, Brown and Caldwell, 5410 Trinity Road, Suite 302, Raleigh, NC 27607
File Copy
Filename: 090266GUC_RawWaterPump imgStation(Pitt)401 _TPBR_MOD