Loading...
HomeMy WebLinkAbout20061334 Ver 2_Approval Letter_20070410o~~~ WAr~9Q~ ~ I~ ~ >_ i V_w~-~ -~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Caolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 10, 2007 DWQ Project # EXP 06-1334v2 Edgecombe County KCI Technologies, Inc. Attn: Ms. Kristin Knight Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Subject Property: Harrell Stream Restoration UT to Swift Creek [030302, 28-78-(2.5), C NSW] Approval of 401 Water Quality Certification with Additional Conditions EXPRESS REVIEW PROGRAM Dear Ms. Knight: You have our approval, in accordance with the attached conditions, and those listed below, to place fill within or otherwise impact 6,338 linear feet of stream for the purpose of constructing the above- referenced project, as described within your Pre-construction Notification Application dated March 29, 2007 and received by the Division on April 4, 2007. The impacts are covered by General Water Quality Certification Number 3626 (GC3626). The Certification allows you to use Nationwide Permit NW27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities when issued by the US Army Corps of Engineers (USAGE). 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 Permit. This approval is for the purpose and design that you described in your original request (PCN dated March 29, 2007). 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. Tf total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This written approval requires you to follow the conditions listed in the attached Water Quality Certification (GC 3626) and the additional conditions listed below. 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 httn://h2o.eur.state.naus/ncwetlands None Carolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Harrell Stream Restoration Project DWQ EXP 06-1334 v2 Page 2 of 3 April 10, 2007 The Additional Conditions of the Certification are: Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Im act T e Amount A roved (Units) Plan Location or Re erence Stream 6,338 (linear feet) March 29, 2007 PCN age 9 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 and authorized by this approval letter. 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. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General Stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows Stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. erar. state. nc, us/su/Forms Documents. htm. 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification 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. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 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 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. Harrell Stream Restoration Project DWQ EXP 06-1334 v2 Page 3 of 3 April 10, 2007 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. If you have any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786. Sincerely, A WK/cvdw Enclosures: GC 3626 Certificate of Completion C-~, J~ ,Alan W. Klimek, P.E. cc: NC Ecosystem Enhancement Program (NCEEP) USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files