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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