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HomeMy WebLinkAbout20120915 Ver 1_No Written Concurrence_20121025Agin, EN North Carolina Department and Natural Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P. E. Director October 25, 2012 Town of Wallace Attn: Matt Livingston, Town Manager 316 East Murphy Street Wallace, NC 28466 Dee Freeman Secretary DWQ Project #: 12 0915 Pender County Subject Property: Henderson Field Airport, Wallace NO WRITTEN CONCURRENCE NEEDED Dear Mr. Livingston: You have our approval, in accordance with the attached conditions, to temporarily impact wetlands and stream for the expansion of the apron and improvement of the stormwater system, as you described in your courtesy notification dated September 2012 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on October 9, 2012. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3884 (GC 3884) are met. This Certification allows you to use the Nationwide permit 12 (NW 12) when issued by the US Army Corps of Engineers. 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 stormwater regulations. This approval is only valid 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed on the following pages. 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone- 919 - 707 -86001 Internet: www,ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NorthCarohna Nawmllk Town of Wallace Attn: Matt Livingston, Town Manager DWQ Project # 12 0915 October 25, 2012 Page 2 of 3 Conditions of Certification: 1) No Sediment and Erosion Control Measures in Wetlands - Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 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) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 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. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) 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 thirty (30) 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 8:00 am and 5:00 pm, 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)- 733 -2698, Facsimile: (919)- 733 -3478 A copy of the petition must also be served on DENR as follows: Town of Wallace Attn: Matt Livingston, Town Manager DWQ Project # 12 0915 October 25, 2012 Page 3 of 3 Mr. William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 Karen Higgins in the Central Office in Raleigh at 919.807.6360 or myself in the DWQ Wilmington Regional Office at 910.796.7306. Enclosures GC 3884 Certificate of Completion Joanne Steenhuis Senior Environmental Specialist cc: Randy Brookshire — WK Dickson Bill Cook — Town of Wallace Airport Administrator Crystal Amschler - USACE Wilmington Field Office Karen Higgins, DWQ 401 Oversight and Express Unit Stephen Rynas - DCM Morehead City WiRO