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Home My WebLink About20140012 Ver 1_Approval Letter_20140117NCDEWR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary January 17, 2014 DWR # 14 -0012 Cumberland County Public Works Commission of the City of Fayetteville Attn: James J. Autry, Jr. — PWC Right -of -Way Supervisor 955 Old Wilmington Road Fayetteville, NC 28301 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Fayetteville 1 -295 Emergency Access Rd Dear Mr. Autry: You have our approval for the impacts listed below for the purpose described in your application dated December 20, 2013, received by the Division of Water Resources (Division) December 20, 2013. These impacts are covered by the attached Water Quality General Certification Number 3884 and the conditions listed below. This certification is associated with the use of 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 requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 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 (units) Permanent 'Amount Approved (units) Temporary Stream 100 linear feet 225 Green Street — Suite 714 — Fayetteville, North Carolina 28301 -5095 Phone: 910-433 -33001 FAX: 910 - 486.07071 Customer Service 1- 877.623 -6748 Internet- wwwmwaterauality.org An Equal OpportunitylAffirrnative Action Employer I -295 Emergency Access Road January 17, 2014 Page 2 of 4 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. 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. 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. 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. 4. 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. 5. No Sediment & Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters without prior approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, 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 downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. I -295 Emergency Access Road January 17, 2014 Page 3 of 4 6. 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 DWR Wetland & Buffer Permitting Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650. This approval and its conditions are final and binding unless contested. This Certification 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 (hereby known as OAH). A petition form maybe obtained from the OAH at http: //www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR —Wetlands & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR— Wetlands & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 I -295 Emergency Access Road January 17, 2014 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chad Turlington at (910) 433 -3320 or chad.turlineton @ ncdenr.eov if you have any questions or concerns. Sincerely, owz Belinda S. Henson Regional Supervisor DWR Fayetteville Regional Office Enclosures: GC 3884 Certificate of Completion cc: Deborah Edwards Shirley —Soil & Environmental Consultants, PA (via email) Crystal Amschler- USACE Wilmington Regulatory Field Office (via email) DWR FRO 401 files Karen Higgins - DWR Wetlands & Buffer Permitting Unit