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HomeMy WebLinkAbout20061904 Ver 1_Approval Letter_20070112O~O~ W A r~9QG ~ _ ~ ~. -i o `e~ -~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 12, 2007 Fork Township Sanitary District Attn: Mr. Henry Braswell PO Box 1515 Goldsboro, NC 27533 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1904 Wayne County Subject Property: Wal-Mart Force Main & Pump Station Contract 177, Goldsboro, NC UT to Little River [030406, 27-57-(20.2), WSN, NSW] Approval of 401 Water Quality Certiffcation and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Braswell: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 25 linear feet of perennial streams, 1,919 square feet (ftZ) of Zone 1 protected riparian buffers and 1,279 square feet (ft2) of Zone 2 protected riparian buffers for the purpose of constructing the proposed force main and pump station, as described within your application dated December 8, 2006 and received by the N.C. Division of Water Quality (DWQ) on December 1 1, 2006 with additional information received by DWQ on January 10, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number (GC3374). The Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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 1501inear 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 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 N~on~et,Cazolina incidental impacts: __ ~tuCUlly 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North: Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 /Fax (919) 733-6893 Internet: htta://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffinnative Action Employer- 50% Recycled/10% Post Consumer Paper Fork Township Sanitary District Page 2 of 3 January 12, 2007 Amount A roved Units Plan Location or Reference Perennial Stream tem or excavation 25 (linear feet) PCN page 8 Zone 1 Buffers 1,919 (s uare ft. PCN a e 11 Zone 2 Buffers 1,279 s uare ft. PCN a e 11 2. Erosion & Sediment Control Practices 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with'the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. 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. Fork Township Sanitary District Page 3 of 3 January 12, 2007 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 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 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 as provided 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 Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Amy Chapman at 919-733-1786. AWK/cbk/asc Enclosures: GC 3374 Certificate of Completion Sincerely, ~~~ /~l 1 . " ~ r .--~.s, i//,,-,Alan W. Klimek, P.E. ,., cc: McDavid & Associates, Inc.; Attn: Mr. F. Tyndall Lewis, P.E.; 109 E. Walnut St; PO Box 1776; Goldsboro, NC 27533 Jamie Shern, USACE Raleigh Regulatory Field Office Mike Horan, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 061904 Wal-MartForceMainandPumpStation(Wayne~01+NBR