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Home My WebLink About20110582 Ver 3_Approval Letter_20120321North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary March 21 2012 DWQ# 11 0582 v3 Davidson County 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 You have our approval in accordance with the attached conditions to place fill and impact 241 linear feet of jurisdictional streams and 0 48 acres of fill in wetlands to install fill for the JT Russell Ethanol Transfer Facility located in Healing Springs NC in Davidson County as described in your modification application received by the Division on March 16 2012 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 protect 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 protect 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 1 to Lick Creek 152 linear feet permanent un act S2 Unnamed tributary 1 to Lick Creek 55 linear feet permanent impact — nprap apron S3 Unnamed tributary 2 to Lick Creek 24 linear feet permanent impact 10 linear feet temporary impact Total 231 linear feet permanent impact 10 linear feet temporary impact North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston -Salem North Carolina 27107 Phone 336 7715000 1 FAX 336 771 -46301 Customer Service 1- 877 - 623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer One NorthCarollna JT Russell Ethanol Transfer Facility DWQ# 11 0582 v3 March 21 2012 Page 2 Wetland sites Type of Impact Amount Approved W1 Fill 0 48 acres permanent fill Total 0 48 acres permanent impact 2 Mitigation must be provided for the proposed impacts as specified in the table below We understand that you have made 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 For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement 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 Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters including wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality Pursuant to G S 143 215 6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25 000 00 per day for each violation 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 Tlus certification and its conditions are final and binding unless you ask for a hearing Compensatory Mitigation Required River and Sub basm 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 Please be aware that by having impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H 0500 Title 15A NCAC 2H 0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters including wetlands as described in 33 Code of Federal Regulations (CFR) Part 323 It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality Pursuant to G S 143 215 6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25 000 00 per day for each violation 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 Tlus certification and its conditions are final and binding unless you ask for a hearing JT Russell Ethanol Transfer Facility DWQ# 11 0582 v3 March 21 2012 Page 3 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 7714964 or at sue homewood @ncdenr gov Sincerely � Charles Waluld P E Director / Division of Water Quality cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email) Eric Mularslu HDR Engineering (via email) Kelly Williams EEP (via email) DWQ Winston Salem Regional Office DWQ Wetlands /401 DWQ Wbscap Unit NOV 2012 PC 0065 JT Russell Ethanol Transfer Facility DWQ# 11 0582 v3 March 21 2012 Page 4 DWQ Project No Applicant Project Name Date of Issuance of 401 Water Quality Certification County 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 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 EMineer s Certification Partial Final Date 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 Date Registration No