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HomeMy WebLinkAbout20131006 Ver 1_Approval Letter_20131204a 7jra r 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