20100693 Ver 1_Approval Letter_20110112

8-1VEIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 12, 2011
Mr. Steve Ward
Harnett County Public Utilities
Post Office Box 1119
308 W. Duncan Street
Lillington, NC 27546
Dee Freeman
Secretary
DWQ Project # 10-0693
Harnett County
Subject Property: South Central Harnett County Wastewater Treatment Plant Phases 1B and 1C
S. Prong Anderson Creek [030614, 18-23-32-2, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ward:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 3.096 acres of 404/wetland [1.64 acres permanent impact (permanent implies conversion from
forested wetland to herbaceous wetland) and 1.456 acres temporary impact] and 78 linear feet of perennial
stream (temporary impact), as described within your revised application dated December 13, 2010, and received
by the N.C. Division of Water Quality (DWQ) on December 20, 2010, associated with the proposed wastewater
treatment plant project at the site. 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). 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, Non-discharge, and other
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 21-1.0506 (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:
Conditions of Certification:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] \ FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity \ Affirmative Action Employer
Harnett County Public Utilities
Page 2 of 3
January 12, 2011
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 3.096 acres [1.64 acres permanent PCN Application page 5 of 11
impact (permanent implies conversion
from forested wetland to herbaceous
wetland) and 1.456 acres temporary
impact]
Stream -perennial 78 (linear feet) - temporary impact PCN Application page 5 of 11
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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. 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
a ove 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. 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 to ensure compliance with 15 NCAC 2H, Section .0500;
Certificate of Completion:
6. 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/Wetlands Unit, North Carolina Division of Water Quality,
Harnett County Public Utilities
Page 3 of 3
January 12, 2011
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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 sixty (60) 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
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: [phone], Facsimile: (919)-431-3100
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
Unless such a petition is filed, this Certification shall be final and binding.
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 Ian McMillan or Amy Chapman in the Central Office in Raleigh at
919-733-1786 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3300.
Sincerely,,
Coleen H. Sullins
CHSIUm
Enclosures: GC3819
Certificate of Completion
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
File Copy
Adam Carter, Wetland Solutions, LLC, P.O. Box 244, Bunnlevel, NC 28323
Filename: 100693 SCentralHamettCoW WTPPhasesl Band1 C(Hamett)401