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
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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