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HomeMy WebLinkAbout20201912 Ver 1_Approval Letter_20210421 April 20, 2021 DWR # 20201912 Johnston County Town of Clayton Attn: Joshua Baird 111 East Second Street Clayton, NC 27520 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Little Creek Outfall Sewer Line Replacement Dear Mr. Baird: You have our approval for the impacts listed below for the purpose described in your application dated February 16, 2021, received by the Division of Water Resources (Division) February 16, 2021 and payment received March 11, 2021. These impacts are covered by the attached Water Quality General Certification Number 4133. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Utility Trenching 0 (acres) 0.001 (acres) W2: Construction Access 0 (acres) 0.001 (acres) W3: Utility Trenching 0 (acres) 0.032 (acres) W4: Construction Access 0 (acres) 0.001 (acres) W5: Utility Trenching 0 (acres) 0.007 (acres) W6: Utility Trenching 0.037 (acres) 0 (acres) Stream S1: Utility Trenching-Excavation 0 (linear feet) 10 (linear feet) DocuSign Envelope ID: 927E8389-D5D4-470D-8C88-C01530BE1140 Little Creek Outfall Sewer Line Replacement DWR# 20201912 401 Certification Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4133 DocuSign Envelope ID: 927E8389-D5D4-470D-8C88-C01530BE1140 Little Creek Outfall Sewer Line Replacement DWR# 20201912 401 Certification Page 3 of 3 cc: John Poetzsh, The Wooten Company. (via email) Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Unit file DocuSign Envelope ID: 927E8389-D5D4-470D-8C88-C01530BE1140