HomeMy WebLinkAbout20061334 Ver 2_Approval Letter_20070410o~~~ WAr~9Q~
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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