20110582 Ver 1_Approval Letter_20111013

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Stephen Chambers
Chambers Engineering, PA
129 N. First St.
Albemarle, NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Chambers:
October 13, 2011
DWQ# 11-0582
Davidson County
You have our approval, in accordance with the attached conditions, to place fill and impact 232 linear feet of
jurisdictional streams to install fill for the JT Russell Ethanol Transfer Facility located in Healing Springs, NC in
Davidson County, as described in your application received by the Division on June 20, 2011 and additional
information received July 15, 2011, September 7, 2011 and September 19, 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 length
S1 Unnamed tributary to Lick Creek 177 linear feet permanent impact
S2 Unnamed tributary to Lick Creek 55 linear feet permanent impact -
ri ra apron
Total 232 linear feet permanent impact
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
JT Russell Ethanol Transfer Facility
DWQ# 11-0582
October 13, 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 [phone] 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 232 (feet) Yadkin 03040103
The final, written stormwater management plans as approved through as part of this application (including a
signed and notarized Operation and Maintenance Agreement) must be implemented, and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
4. 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
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Eric Mularski, HDR Engineering (via email)
Kelly Williams, EEP (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401