Loading...
HomeMy WebLinkAbout20121064 Ver 1_Approval Letter_20121220A7 HCDE VR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Amanda Garris 1802 SW Greenville Boulevard Greenville NC 27834 Charles Wakild, P. E. Director December 20, 2012 Subject Property: Manning Square Greens Mill Run [03020103, 28 -96; C, NSW] Dee Freeman DWQ Project # 12 -1064 Pitt County Approval of 401 Water Quality Certification and Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions Dear Ms. Garris: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.02 acres of wetlands, 30 feet of streams and 3073 square feet (ft2) of protected riparian buffers (1844 ft2 of Zone 1 and 1229 ft2 of Zone 2) for the purpose of installing a 10" sanitary sewer main at the subject property, as described within your application dated October 31, 2012 and received by the N.C. Division of Water Quality (DWQ) on November 19, 2012. The impacts described in your application are covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0259, 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, and Non - discharge regulations. 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 or CAMA 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 2W .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. North Carolina Division of Water Quality Internet: www riewaterquality.org 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252 -946 -9215 NofthCarofina An Equal Opportunity /Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturally Page 2 of 4 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 of her impacts are approved including incidental impacts: 2. No Impacts Beyond those in Application 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 & Sediment Control Practices 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Amount Approved (Units) Plan Location or Reference Stream 30 feet PCN page 4 of 10 404 /LAMA Wetlands 0.02 (acres) PCN page 4 of 10 Waters (acres) Buffers 1844 (square ft,) Zone 1 1229 (square ft.) Zone 2 PCN page 6 of 10 2. No Impacts Beyond those in Application 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 & Sediment Control Practices 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Page 3 of 4 d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. 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. 5. Handling of wetland soils within utility corridors The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut remaining stumps off at grade level. The general stripping of topsoil within wetlands along the utility corridor is not permitted. 6. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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 has released the project. 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 401 Oversight /Express Review Permitting 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. Page 4 of 4 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding with the approved buffer impacts) shall be decision. The Director's decision is subject to G.S. 150B. this Authorization Certificate (associated referred in writing to the Director for a review as provided in Articles 3 and 4 of This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252- 946 -6481 or Karen Higgins of the Wetlands, Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6360. Sincerely, For Charl Wakild, P.E. Enclosures: Certificate of Completion GC 3884 cc: Corps of Engineers Washington Field Office DWQ 401 Webscape DEMLR, WaRO File copy William Malpass, Malpass & Assoc. 1645 E. Arlington Blvd. Suite D Greenville NC 27858 Filename: 12- 1064_ ManningS qua re _3884_approval /aa/rs