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HomeMy WebLinkAbout20070999 Ver 2_Approval Letter_20110929___ ; I A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 29, 2011 DWQ# 07-0999 v2 Randolph County Mr. Martin Kearns NC Zoological Park 4401 Zoo Parkway Asheboro NC 27205 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Kearns: You have our approval, in accordance with the attached conditions, to place fill and impact 220 linear feet of jurisdictional streams and0.025 acres of wetlands to install fill for the Polar Bear Exhibit Expansion located in Asheboro, NC in Randolph County, as described in your application received by the Division on September 6, 2011 and additional information received September 27, 2011. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3821, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_ certifications.htm. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control (including trout buffer waivers as necessary), Non-Discharge, State Stormwater, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Stream sites Stream Impact len th S1 Unnamed tributary to Panther Creek 220 linear feet permanent impact Total 220 linear feet permanent impact Wetland sites Type of Impact Amount A roved W1 Fill 0.025 acres permanent fill Total 1111" acres permanent impact North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Aw rallry Polar Bear Exhibit Expansion DWQ# 07-0999 Q September 29, 2011 Page 2 2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Stream 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. 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) 733-5205 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 Stream Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Stream 220 (feet) Cape Fear (03030003 3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form. If you do not accept any of the conditions of this certification, 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. 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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at sue.homewood@ncdenr.gov. Sincerely, % Coleen H. Sullins, Director Division of Water Quality cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Jason Volker, S&ME (via email) Kelly Williams, EEP (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401 Polar Bear Exhibit Expansion DWQ# 07-0999 v2 September 29, 2011 Page 3 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certilication Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date LP"A 12 AW? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Martin Kearns of the NC Zoological Park has permission as outlined below to fill or otherwise impact 220 feet of streams to construct the proposed Polar Bear Exhibit Expansion at the subject property which is located on Zoo Parkway, Asheboro, in Randolph 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 DWQ PROJECT #: 2007-0999 v2 SITE NAME: NC Zoo - Polar Bear Exhibit Expansion LOCATION: Asheboro, NC COUNTY Randolph BASIN/ SUB BASIN Cape Fear (HUC: 03030003) 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 220 linear feet of intermittent stream 200 linear feet of intermittent stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. 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) 733-5205 North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer