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HomeMy WebLinkAbout20140786 Ver 1_Approval Letter_20140929li 1 y�..�4 �' ice: AA�� 0 C m NR 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 !• \ |�; \ Ep § ■G, , rp |p #7 ■ (]� % j \ [ | r. - � % \° | &§■ m ! § � � _ | ! § Z1. - - _ / bi Li « a g k r % \ O W,9- ! , . ; } A ■ ----------- --------- m 2. e3� --------------------------- , £ � kk N-V a zm a z 4 L� S r f Y ' `t - ? �.�' �'` • . , l- W - � t fr�7 W ,U""1 _ O �•' S13 3' Z—N Q fi _ ', : '+`�,'1.'- %•- :-,:.: .'� ref r- ,�. �, Uw pV, R UP a,l ckn1 0 , 9 4D -; f�; : LL_ CD, jo 41 41 db A 40 47� ---------- C7, k ----------- -ON 133•OUd �M_ _-Z___-AV9 g MOISNO--7, Z M go,, *.� --1 [)- 0 ly- - - - t- uj C) LLJ LU z E-1 W Lij N 14 coo ME- Ln :Lj Z-------- z Z ----------------- — ------- ------- ------- —OE Q .............. r.. um z El FUSONiramu O CL LA fa 'IPA CO ... cc 14 ,,R , � 0 .va: al" rk I ' I �vY ~ ' �'� c WI ' � 1 co.... .. . ... 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