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HomeMy WebLinkAbout20100039 Ver 2_Approval Letter_20100429NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2010 Town of Red Oak P.O. Box A Red Oak, NC 27868-0016 Town of Red Oak: Sewer System Project Ut to Pig Basket Creek [030302, 28-68-3-(2), C, NSW] DWQ Project # 10-0039, Ver. 2 Nash County Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions - Revised Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 20 linear feet of perennial stream (temporary impact), and 1,680 square feet of Zone 1 Tar- Pamlico River basin protected riparian buffers and 1,050 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your application dated March 29, 2010, and received by the Division of Water Quality (DWQ) on April 1, 2010, to construct the proposed sewer system project to provide sanitary sewer service to the Town of Red Oak, Red Oak Elementary School, and Red Oak Middle School. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3819 (GC3819). 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 April 9, 2010. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .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 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http:llh2o.enr.state.nc,us/ncwetiands/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer Town of Red Oak Page 2 of 4 April 29, 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 Stream - perennial 20 linear feet - temporary impact PCN page 5 of 12 Buffers Zone 1 1,680 (square ft. PCN page 7 of 12 Buffers Zone 2 1,050 (square ft. PCN page 7 of 12 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. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval is iI'Olli the DID ISIGu. Ii plawn?ent c,. b?illluellt and CIU?;.ill W11trOi (IeVi?C? ii; w'?tlalldS and 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- 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 necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Town of Red Oak Page 3 of 4 April 29, 2010 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 at the time lots or properties are recorded. 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. 7. 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; Mitigation: 8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you have agreed to provide wetland mitigation for proposed wetland impacts and wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement and additional mitigation commitment. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Type of Impact Compensatory Mitigation Required River and Sub-basin Number Buffer Zone 1 1,440 (square feet) TAR/02 9. Certifir,?te of Completior 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 wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and Town of Red Oak Page 4 of 4 April 29, 2010 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714. Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 Ian McMillan or Amy Chapman at 919-733-1786. Sinc Coleen H. Sullins CHS/ijm Enclosures: GC 3819 Certificate of Completion cc: USACE Raleigh Regulatory Field Office Lauren Witherspoon, DW Q Raleigh Regional Office DLR Raleigh Regional Office File Copy Christopher A. Thomson, The Wooten Company, 120 Boylan Avenue, Raleigh, NC 27603 Filename: 100039Ver2TORedOakSewerSystemProject(Nash)401_TPBR_Revised G`?Rvk NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Dee Freeman Secretary In accordance with 15A NCAC 2H.0500, the Town of Red Oak has permission to fill or otherwise impact 20 linear feet of perennial stream (temporary impact), and 1,680 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 1,050 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, associated with the proposed sewer system project to provide sanitary sewer service to the Town of Red Oak, Red Oak Elementary School, and Red Oak Middle School, located in Nash County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME Town of Red Oak Sewer DWQ PROJECT 20100039, Ver. 2 LOCATION: Cary COUNTY Nash BASIN/ SUB BASIN TAR/02 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 480 Square Feet Zone 1Buffers 1,440 Square Feet Zone 1Buffers One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address beiow. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 716-1921 Filename: 20100039Ver2TORedOakSewerSystemProject(Nash)401 TPBR_EEP 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: hftp://h2o.enr.state,nc.us/ncwetlands/ NorthCarohna Naturally An Equal Opportunity 1 Affirmative Action Employer