HomeMy WebLinkAbout20140550 Ver 1_Approval Letter_20141001KNEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 1, 2014
Spuntech Industries, Inc.
Attn: Ron Bahat
555 Northpark Drive
Roxboro, NC 27573
John E. Skvarla, III
Secretary
DWR # 14 -0550
Person County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Spuntech Industries Line 5 Expansion
Dear Mr. Bahat:
You have our approval for the impacts listed below for the purpose described in your application
dated May 21, 2014 and received by the Division of Water Resources (Division) on June 19, 2014,
with additional information received on August 11, 2014; August 20, 2014; and via email on
September 26, 2014 and September 29, 2014 (with hard copies to follow). These impacts are
covered by the attached Water Quality General Certification Number 3890 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 39 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 and the
following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certifications, General Permit and /or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
No e Carol
Natural,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 7914200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748
An Equal Opportunity /Affirmative Action Employer - 50% Recycled /10% Post Consumer Paper
Spuntech Industries
DWR # 14 -0550
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
0.03 (acres)
0 (acres)
Site 1
Wetland
0.03 (acres)
0 (acres)
Site 2
Stream
125 (linear feet)
0 (linear feet)
Stormwater Management Plan (SMP) Approval
The Division approves the SMP consisting of a Contech Stormfilter (with 48 individual
cartridges), Contech CMP Detention System (with containment volume of 20,187 cubic feet),
and bypass outlet with level spreaders and all associated stormwater conveyances, inlet and
outlet structures, and the grading and drainage patterns depicted on plan sheet C -008B
Revision 4 dated September 26, 2014, which are incorporated by reference and are
enforceable by the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved stormwater management devices
above shall be 431,244 square feet and the maximum allowable built -upon area within that
drainage area shall be 331,056 square feet. Any changes to these maximum areas shall
require the applicant to submit and receive approval for a revised stormwater
management plan by the Division.
b) The footprint of all stormwater management devices as well as an additional 10 -foot wide
area on all sides of the devices shall be located in public rights -of -way, dedicated common
areas or recorded easement areas. The final plats for the project showing all such rights -
of -way, common areas and easement areas shall be in accordance with the approved
plans.
c) The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d) The SMP may not be modified without prior written authorization from the Division. A
copy of the approval letter and the modified SMP shall be submitted to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications.
e) Maintenance activities for the Contech Stormfilter and CMP Detention Systems shall be
performed in accordance with the notarized O &M agreements signed by Onn Orren
(Project Manager) on August 5, 2014. The O &M agreement shall transfer with the sale of
the land or transfer of ownership /responsibility for the BMP facility. The Division shall be
notified promptly of every transfer.
f) The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
Spuntech Industries
DWR # 14 -0550
401 APPROVAL
Page 3 of 4
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. Protective Fencin
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500.
5. 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 and is responsible for complying
with all conditions.
6. 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 may be 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 8:00am
and 5:00pm, 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Spuntech Industries
DWR # 14 -0550
401 APPROVAL
Page 4 of 4
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 -401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R -DWR -401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or
concerns.
Sincer ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosures: 3890
Cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Laura Belanger; Environmental Permitting Consultants Inc.; P.O. Box 3744; Greenville,
SC 29608
DWR RRO 401 Files