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Home My WebLink About20130370 Ver 1_Approval Letter_20130424NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Cape Fear Public Utility Authority c/o Mr. Frank Styers 235 Government Center Drive Wilmington NC 28403 Division of Water Quality Charles Wakild, P. E. Director April 24, 2013 Subject Property: Kirkland Pump Station Capacity Expansion John E. Skvarla, III Secretary DWQ Project # 13 -0370 New Hanover County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Styers, You have our approval, in accordance with the attached conditions to temporarily impact 0.032 acres of 404 wetlands and to temporarily impact 15 linear feet of stream as described in your application received by the DWQ on April 08, 2013. After reviewing your application, we have determined that these impacts are covered by General Water Quality Certification Number 3884 (GC3884). This general certification may also be viewed on our website at http://Vortal.ncdenr.org/web/wg/swp/ws/401 /certsandpermits. This approval is only valid for the purpose and design that is 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 below. Conditions of Certification: 1) The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: 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 PCN application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Wetlands, Buffers, Stonnwater — Compliance and Permitting (Webscape) Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina Location 5 N Salisbury St. Raleigh, North Carolina 27604 J1 �a�urallr� Phone 919-8 07 -63001 FAX 919- 807 -&4941 Customer Service 1- 87723 -6748 Internet www ncwaterqualay org Amount Approved Plan Location or Reference 404 Wetlands (Temporary) 0.032 acres PCN application page 5 of 11 Stream (Temporary) 15 linear feet PCN application page 5 of l l 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 PCN application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Wetlands, Buffers, Stonnwater — Compliance and Permitting (Webscape) Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina Location 5 N Salisbury St. Raleigh, North Carolina 27604 J1 �a�urallr� Phone 919-8 07 -63001 FAX 919- 807 -&4941 Customer Service 1- 87723 -6748 Internet www ncwaterqualay org 2 CFPUA Kirkland Pump Station Capacity Expansion 2013 -0370 New Hanover County Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3) No Sediment & Erosion Control Measures within 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. 4) Standard Erosion and 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: a. 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. 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. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5) Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self - monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http:/ /portal.ncdenr.ora/web /wq /ws /su /construction. 6) Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 3 CFPUA Kirkland Pump Station Capacity Expansion 2013 -0370 New Hanover County 7) Certificate of Completion 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 or CAMA Permit. You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for ark administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431- 3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 Karen Higgins in the Central Office in Raleigh at 919- 807 -6301 or Chad Coburn in the DWQ Wilmington Regional Office at 910- 796 -7215. Sincerely, Charles Wakild, P.E., Director Division of Water Quality 4 CFPUA Kirkland Pump Station Capacity Expansion 2013 -0370 New Hanover County Enclosures: GC 3884 Certification of Completion cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit Emily Hughes — Corps of Engineers Wilmington WiRO