HomeMy WebLinkAbout20140786 Ver 1_Approval Letter_20140929li 1
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North Carolina Department of Environment and natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 29, 2014
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
PO Box 240908
Charlotte, NC 28224
Subject Property: Carolina Water Service Belvedere Plantation
WWTP Offsite Disposal, Hampstead
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dear Mr. Lashua:
DWR # 14 0786
Pender County
You have our approval, in accordance with the attached conditions and those listed below to
permanently impact approximately 0.178 acres of wetlands and temporarily impact 0.1738 acres
of wetlands as described in your pre- construction (PCN) application June 26, 2014 and received by
the Division of Water Resources (Division) on June 27, 2014 and subsequent information received
on September 23, 2014. 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.
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
127 Cardinal Drive Ext, Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
DWR Project # 14 0786
September 29, 2014
Page 2 of 6
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 Certifications) /Permit /Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
4. The applicant /permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, than the Division
may reevaluate and modify this General Water Resources Certification.
5. Any final construction plans for this proiect must include or reference the application and
plans approved by the Division under this authorization letter and certification. It shall be
the responsibility of the permitee to review all construction drawings with the approved
Amount Approved (Units)
Plan Location or Reference
Stream
N/A (feet)
404/401 Wetlands
Permanent Temporary
A
0.08 ac.
Wetland Impact Map
B
0.04 ac
Belvedere Plantation WWTP
C
0.027 ac
Sheet 1 of 1 and Sheet C19
D
0.031 ac
of 21 (attached)
E
0.0207 ac
F
0.0438 ac
G
0.0215 ac
H
0.0319 ac
1
0.017 ac
J
0.014 ac
K
0.0028 ac
L
0.0015 ac
M
0.0206 ac
TOTAL IMPACTS
0.178 acres 0.1738 acres
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 Certifications) /Permit /Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
4. The applicant /permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, than the Division
may reevaluate and modify this General Water Resources Certification.
5. Any final construction plans for this proiect must include or reference the application and
plans approved by the Division under this authorization letter and certification. It shall be
the responsibility of the permitee to review all construction drawings with the approved
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
DWR Project # 14 0786
September 29, 2014
Page 3 of 6
permit drawings to determine that the drawings are consistent. The applicant shall require
his contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start
of construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division,
c/o Joanne Steenhuis Wilmington Regional Office and address the inconsistencies prior to
working in wetlands.
6. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable.
7. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland
that is to be left undisturbed. The permitee must maintain the fencing, at a minimum, until
the Division of Energy, Minerals and Land resources, Land Quality section, releases the site
from their sedimentation and erosion control requirements. The fencing must then be
removed within 6 weeks.
8. Wetland Boundary Identification
The wetland boundary must be clearly identified within 50 feet of the project corridor as
depicted on the jurisdictional determination map signed by the US Army Corps of Engineers.
The wetland boundary identification (flagging, fencing, etc.) must be maintained until the
project is completed.
9. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee /contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7215 and after hours and on weekends call (800) 858 -0368. Management of such
spills * shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act.
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
DWR Project # 14 0786
September 29, 2014
Page 4 of 6
10. Temporary impacts
All temporary impacted areas will be restored to pre- construction natural conditions upon
completion of the project. Native vegetation shall be used for wetland and stream bank
stabilization. Upon restoration of temporary impacts to wetlands, all restored areas shall be
monitored quarterly for at least two years with photo documentation. The monitoring may be
extended up to another 3 years if the restoration sites have not adequately recovered.
11. Wetland Monitoring Plan
The applicant shall submit a Wetland Monitoring Plan to the Wilmington Regional Office within
30 days after the receipt of this certification. Once approved by the Division of Water
Resources (Division), the monitoring plan shall be implemented within 30 days of receiving said
approval in writing from the Division. In addition to the monitoring wells, this plan shall
include daily monitoring of rainfall and a daily accounting of the quantity of water pumped
from the ponds. An annual report that shows the impacts of the dewatering on the wetlands
must be received by the Division by January 31St of each year. The applicant will contact the
Division upon discovering that the monitoring data shows dewatering is impacting more
wetlands than is authorized by the certification. Moreover, if impacts are reported by the
applicant or the Division reviews the annual monitoring reports and determines that more
wetlands are being dewatered than are authorized by this certification, then additional
monitoring will be required. Monitoring will be required for five years after the ponds are
constructed and may be extended depending upon the results shown in the annual reports.
12. Deed Notification /Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the USAGE)
for the remaining wetlands on the property shall be included with the Certification of
Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must also
be complied with.
13. Determination of Impacts
At the completion of the project, the Division may require a determination of the area
impacted which is to encompass the location and acreage of the impact (it can be shown on an
aerial or done as a survey).
14. 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 and /or authorized agent is
required to return the enclosed certificate of completion form to the NCDENR DWR 401 and
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
DWR Project # 14 0786
September 29, 2014
Page 5 of 6
Buffers Unit North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC,
27699 -1650 within ten days of project completion (the certification of completion is also
available at: http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
15. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and /or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
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:Hwww.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) 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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
Fed Ex, etc):
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
Carolina Water Service, Inc. of North Carolina
Attn: Martin Lashua
DWR Project # 14 0786
September 29, 2014
Page 6 of 6
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncder.gov
or Joanne Steenhuis in the Wilmington Regional Office at 910.796.7306 or
Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns.
Sincerely,
Ji t egson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3890
Certificate of Completion
cc: Jimmy Fentress — Stroud Engineering, PA — electronic copy
Jonathan Howell — DCM Morehead City - electronic copy
Tyler Crumbley — USACE Wilmington Regulatory Field Office
Jennifer Burdette — DWR -401 Wetlands & Buffer Unit
Morella King — DWR APS
WiRO
UGf 01 2014
DENR -LAND QUALITY
STORMWATER PERMITTI�ir
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