HomeMy WebLinkAbout20070954 Ver 1_Approval Letter_20070612,~ CF W A TF9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 12, 2007
DWQ Project # 07-0954
Pitt County
George W. Harrell, Ph.D.
East Carolina University
1001 East Fourth Street
Greenville, NC 27858-4353
Subject Property: ECU Campus Sewer Repair
Green Mill Run, Tar-Pamlico River Basin
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 Mr. Harrell:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 10 linear feet of streams for the purpose of stream bank
stabilization- at the subject property, as described within your application dated May 22, 2007,
and received by the N.C. Division of Water Quality (DWQ) on June 4, 2007. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3625 (GC3625). 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 2B .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, Non-discharge, and Tar-Pamlico Buffer 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. tf 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 2H .0506 (h). This approval requires
you to fol~iw-the conditions listed in the attached certification and any additional
conditions listed below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Ma11 Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal OpportunitylAffirmativeAcbon Employer- 50% Recycledll0% Post Consumer Paper ~atlll"a~tl~ f
East Carolina University
Page 2 of 4
June 12, 2007
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 other impacts are
approved including incidental impacts:
Amount A roved .Units Plan Location or Reference
Stream 10 feet 1
404/CAMA Wetlands acres
Waters acres
Buffers s uare ft.
2. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all
other sediment and erosion control requirements.
3. 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 and
authorized by this written approval, including incidental impacts. 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.
East Carolina University
Page 3 of 4
June 12, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream
beds or banks, adjacent to or upstream and down stream of the above structures. Aq devices
shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. Certificate of Completion
Upon-completion of ail 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.
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the Division
may reevaluate and modify this General Water Quality Certification.
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.
If you do no# accept any afthe 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 1506 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.
East Carolina University
Page 4 of 4 3
June 12, 2007
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 Cyndi Karoly or Ian McMillan in the Central
Office in Raleigh at 919-733-1786 or Roberto Scheller in the DWQ Washington Regional Office
at 252-948-3940.
Sincerely,
.~ ` _ ~ -~
For Coleen H. Sullins, Director
Enclosures: GC 3625
Certificate of Completion
cc: Travis Welborn, E.I. Rivers & Associates, Inc.
USACE Washington Regulatory Field Office
DWQ 401 Raleigh Central Office
DLR Washington Regional Office
Central Files
File Copy
Filename: 070954