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HomeMy WebLinkAbout20110176 Ver 1_More Info Received_20110321It-oil to L A INC. - McDAVIDAsSOCUTES, INC. Engineers -Planners -Land Surveyors CORPORATE OFFICE (252) 753-2139 - Fax (252) 753-7220 E-mail: mai@mcdavid-inc.com 3714 N. Main Street - P.O. Drawer 49 Farmville, NC 27828 March 21, 2011 Ms. Beverly Strickland NC Department of Environment and Natural Resources Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 GOLDSBORO OFFICE (919) 736-7630 - Fax (919) 735-7351 E-mail: maigold@mcdavid-inc.com 109 E. Walnut Street - P.O. Box 1776 Goldsboro, NC 27533 Subject: DWQ # 11-0176 2010 Water System Improvements North Lenoir Water Corporation Dear Ms. Strickland: In reference to the subject project and as follow-up to previous correspondence, please find enclosed one (1) copy of a March 7, 2011 letter from the Division of Land Resources (DLR). DLR is confirming that they will not process the submitted erosion and sedimentation control application until the Division of Water Quality rules on the buffer encroachment. Please advise if I need to provide any additional exhibits to you to support a determination of potential buffer impact. Thanks in advance for your help. Please contact me if you have any questions. Sincerely, Associfes, Inc. Ric B. e, P. E. Farmville Of ice RBM/cep Enclosure D805RBMI I 1 8:26 AM NLWC PHASE X 08-WSI-DWQ-1 1-0176-NCDENR-STRICKLAND-LTR-1 10321-002.wpd 110321 A ?A NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 7, 2011 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 7010 0290 0001 5628 9424 North Lenoir Water Corporation Attn: Mr. John W. Pope, Chairman Post Office Box 1579 Kinston, North Carolina 28503 (DYi' J ` CA_M - P-U Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary ;UKVIU mv"" ---- FARWALLE, N.C. MR`8 Nfl RECEIVED RE: Erosion and Sedimentation Control Plan No. LENOI-2011-014 Project Name: NLWC- Improvements Phase X Location: NC 58 & Various County: Lenoir River Basin: Neuse Date Received by LQS: February 9, 2011 Project Type: New Dear Sir: This office has received an Erosion and Sedimentation Control Plan for the subject project as required by the Sedimentation Pollution Control Act of 1973. We have performed a preliminary review of your plan and have noted apparent buffer encroachments subject to the Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233). This Rule applies to the 50-foot wide riparian buffers directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries) in the Neuse River Basin. Encroachments on the protected buffers require written approval by the Division of Water Quality. In light of the apparent buffer encroachments shown in your plan, we cannot consider your application complete until we receive a copy of your DWQ approval or statement of exemption from the rule. Therefore, we cannot initiate our 30-day statutory review time period until your application is complete. For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or DWQ in our regional office at 252-946-6481. By copy of this letter we are notifying them that your project will need their attention. Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481 / FAX: 252-975-3716 Internet: http://www,dlr.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity / Affirmative Action Employer - 50%Recycled/10% Post Consumer Paper ERTIFIED MAIL North Lenoir Water Corporation Attn: Mr. John W. Pope, Chairman March 7, 2011 Page 2 You are reminded that to 'begm this f ?e considered a violation the'Sedime to $5000 plus additional penalties kcompliance `4 ou are further; remin permitl from the Division of"Water appropriate-Iega1, action being taken ect without an approved erosion and sedimentation plan will ition Pollution Control Act, subject to an initial penalty of up up to $5000 per day for each day the project is out of 1 that disturbing the riparian buffers without the necessary iality may be considered a violation of the Rule, subject to ainst you by DWQ. Upon receipt of your DWQ paperwolk and any necessary plan revisions related to DWQ review we will process your application for plain approval as soon as possible. If you have any questions or need additional information, please do not hesitate to contact us. Your cooperation in this matter is appreciated. Sincerely, Robert James Belvin, P.E. Assistant Regional Engineer cc: 4Joseph W. McKemey, PE, McDavid & Associates Alton Hodge, Division of Water Quality