HomeMy WebLinkAbout20131006 Ver 1_Approval Letter_20131204a 7jra
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
December 4, 2013
City of Eden
Attn: Brad Corcoran, City Manager
308 East Stadium Dr.
Eden, NC 27288
DWQ # 13 -1006
Rockingham County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Tanyard Branch Sanitary Sewer Improvements
Dear Mr. Corcoran:
You have our approval for the impacts listed below for the purpose described in your
application dated September 9, 2013 and received by the Division of Water Resources — Water
Quality Programs (Division) on September 18, 2013 and additional information received on
November 8, 2013 and December 3, 2013. These impacts are covered by the attached Water
Quality General Certification Number 3884 and the conditions listed below. The General
Certification allows you to use 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.
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 the Certification and
Authorization. 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 approval letter and General
Certification(s) /Permit /Authorization and is responsible for complying with all conditions.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
Winston -Salem Regional Office
Location: 585 Waughtown St Winston-Salem, North Carolina 27107
Phone: 336- 77150001 FAX: 336- 771.46301 Customer Service: 1-877-623-6748
Internet www.ncwateraualitv.om
An Equal Opportunity 1 Affirmative Action Employer
City of Eden
DWQ# 13 -1006 d
401 APPROVAL
Page 2 of 3
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved (Units)
(units)
Temporary
Permanent
Stream crossings
250 linear feet
Dewatering where work
1150 linear feet
occurs parallel to stream
and within 10' of channel
2. 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 the Certification
and Authorization. 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 approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. This authorization exempts the Permittee from meeting Condition #10 in the attached
general certification for a construction corridor within 10 feet of the top of bank of a
stream as noted on the plans submitted by W.K. Dickson on December 3, 2013. All
stream banks shall be protected to the maximum extent practical, trees will not be
grubbed unless absolutely necessary. Stream dewateringtechniques as shown in the
submitted documentation will be utilized to avoid downstream sediment movement.
Stream banks shall be reconstructed to match the original pattern and profile, and
stabilized with erosion control matting or other natural method for permanent
stabilization. Any areas that are reconstructed will be visually monitored by a qualified
person for a minimum of quarterly for one year after reconstruction.
4. , The permittee shall notify the Division in writing prior to the beginning of the work
noted in Condition 3 above. A pre - construction meeting must be held with the Division
prior to the start of these areas within the project so that the contractors and /or agents
fully understand the conditions associated with this certification.
This approval and its conditions are final and binding unless contested. This Certification and
Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an 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 the OAH clerk's office at (919) 431 -3000 for information.
City of Eden
DWQ# 13 -1006
401 APPROVAL
Page 3 of 3
Within sixty (60) calendar days of receipt of this Certification and Buffer Authorization, you
must file the petition with the Office of Administrative Hearings. A petition is considered filed
when the original and one (1) copy along with any applicable filing fee 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 along with any applicable filing fee 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
This letter completes the review of the Division of Water Quality under section 401 of the Clean
Water Act and the Jordan Riparian Buffer Rules as described in 15A NCAC 026.0267. Please
contact Sue Homewood at 336 - 771 -4964 or Sue.Homewood @ncdenr.eov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3884
Certificate of Completion
cc: Daniel Ingram, W.K. Dickson (via email)
Craig Brown, USACE Raleigh Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
BUR -WQP Webscape 0 nit