HomeMy WebLinkAbout20070169 Ver 1_Approval Letter_20070509Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparhnent of Environment and Natural Resources
Alan W. HIimek, P.E. Director
Division of Water Quality
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May 9, 2007
DWQ Project # 20070169
Orange County
Mr. Roy M. Williford
Planning Director
Town of Carrboro Planning Department
Town Hall
301 W. Main Street
Carrboro, NC, 27510-2029
Subject Property: Northeast Annexation Area Sewer Main Extension
Bolin Creek, 16-41-1-15-1-(4), WSIV NSW
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williford:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 60 feet of streams for the purpose of extending a sewer main to serve newly
annexed properties in northeast Carrboro, as described within your application dated January 26, 2007
and in additional information (application fee payment) received by the N.C. Division of Water Quality
(DWQ) on May 2, 2007. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows you to
use Nationwide Permit(s) 12 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, 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 maybe 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 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit one Cazolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ~ "`tura~~t/
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Town of Carrboro: NE Area Sewer Extension
Page 2 of 4
May 9, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
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:
Amount Ap roved (Units) Plan Location or Reference
Stream 60 (feet) PCN form, Sites 1-3
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
3. 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 written
approval, including incidental impacts. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then 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
Town of Canboro: NE Area Sewer Extension
Page 3 of 4
May 9, 2007
down stream of the above structures. All devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version,of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
7. 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 the attached
certificate of completion to the 401 OversightlExpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
If the Division determines that such standards or laws are not being met, including failure to sustain a
designated or achieved use, or that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, then the Division may reevaluate and modify this General Water
Quality Certification.
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.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Chuck Wakild in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
~~ Alan W. Klimek, P.E.
Town of Carrboro: NE Area Sewer Extension
Page 4 of 4
May 9, 2007
AWKlcbk
Enclosures: GC 3625
Certificate of Completion
cc: Charles Musser, Sungate Design Group, 915 Jones Franklin Road, Raleigh, NC, 27606
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 20070169Carrboro(Orange)401