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HomeMy WebLinkAbout20120638 Ver 1_Approval Letter_20120926NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Dee Freeman Governor Director Secretary September 26, 2012 DWQ Project # 12 -0638 Northampton County Enviva Pellets Northampton, LLC Attn: Norb Hintz 7200 Wisconsin Avenue Bethesda, MD 20814 Subject Property: Enviva Pellets Northampton Lees Creek [030208, 23 -27 -1, C] Approval of 401 Water Quality Certification with Additional Conditions Dear Sir: You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise impact 0.06 acre of 404 wetlands (permanent impacts) for commercial development, as described in your application dated June 27, 2012 and received by the Division of Water Quality (DWQ) on June 28, 2012 and additional information received August 24, 2012. After reviewing your application and additional information, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890). The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE). 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 regulations, and Jordan buffer impacts. 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 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 may be 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 150 linear 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. 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: No ehCarolma Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet www ncwaterquality org 1628 Mad Service Center Raleigh, NC 27699 -1628 FAX (919) 788 -7159 877 -623 -6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Page 2 Type of Impact Amount Approved Units Plan Location or Reference 404 Wetland 0.06 (acre) permanent impact PCN page 5 of 11 2. 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. 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. 3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, 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 down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project; 5. Stormwater Plan The DWQ approves the low density stormwater management plan as satisfying the requirements of General Water Quality Certification 3890. This approval requires to you follow the conditions listed in the General Water Quality Certification for the project and the following additional conditions listed below: The overall built -upon area percentage for the project must be maintained at or below 24% per the requirements of Water Quality General Certification 3890. Approved plans for this project are incorporated by reference and are enforceable parts of this certification. A minimum 30 foot wide vegetative buffer shall be maintained between all impervious areas and surface waters. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (Horizontal: Vertical). No piping shall be allowed except a minimum Page 3 amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the DWQ within thirty (30) days of project completion (available at http:Hportal.ncdenr.or web /wq /swp /ws /401 /certsandpermits /apply /forms). 6. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500. 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 WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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 or CAMA Permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed- provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919) -431 -3000, Facsimile: (919) -431 -3100 A copy of the petition must also be served on DENR as follows: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Page 4 Unless such a petition is filed, this Certification shall be final and binding. 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 Danny Smith at 919 -791 -4200. Sincerely, r anny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures: GC 3890 Certificate of Completion cc: USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Jay Keller — Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615 Filename 12- 0638_Envrva Pellets-401-Approval