19950693 Ver 2_Approval Letter_20151116

North Carolina Department of Environmental Quality
Pat McCrory - - - -
Governor
Donald R. van der Vaart
Secretary
-DWR # 95 -0693
McDowell County
Alan Weiler, Plant Manager
Baxter Healthcare Corporation
65 Pitts Station Road
Marion, North Carolina`28752
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Baxter Healthcare WWTP Improvements
Dear Mr. Weiler:
You have our approval for the impacts listed below for the purpose described in your application
dated September 30, 2015 and received by this office on October 5, 2015, with subsequent
information provided on November 2, 2015. These impacts are covered by the attached Water
Quality General Certification Number 3883 and the additional conditions listed below. This
certification is associated with the use of Nationwide Permit Number 7 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 limitedto)
Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This approval requires you to follow the conditions listed in the enclosed cerfification(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: [15A NCAC 02H .0506(b) and/or.
North Carolina Division of Water Resources— Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, N.C. 28778
Phone [phone]
FAX [phone]
Internet: http : / /pbrtal.nodenr.org/webtwq/
An Equal Opportunity/Affirmative Action Employer
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Baxter Healthcare W WTP
November 10, 2015
Page 2 of 4
R
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Impact S 1
6.751inear feet
Impact S2
24.58 linear feet
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/Authorization. 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) and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the;project phase is completed. '[15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4. Fueling, lubrication and general equipment maintenance should not take place within 56 feet .
of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0.506 (b)(3) and (c)(3) and 15A NCAC 028.0200(3)(f)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that
can entrap small. animals. [15A NCAC 02H..0506(b)(2)]
6. 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, between
the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 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. [15A
NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]
This approval and its conditions are final and binding unless contested. [G.S. 143- 215.5]
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) within sixty (60) calendar days:
A petition form may be obtained from the OAH at http: / /www.n6oah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original-
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i Baxter Healthcare WWTP
" November 10, 2015
Page 3 of 4
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 via US Postal Service: If sending via delivery service (UPS,
FedEx, etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources .
1601 Mail Service Center
Raleigh, NC 27699 -.1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Ed Williams at 828 - 296 -4686 or
ed.williams@,ncdenr.gov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P,G -, Regional upervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3883
Certificate of Completion
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Baxter Healthcare WWTP
November 10, 2015
Page,4 of 4
cc: ' Robert Lepsic, PWS — ARCADIS Design and Consultancy (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G; \WR \WQ\ McDowell \401s\ Non- DOT\Baxter Healthcare - WWTP ImprovementsW PRVI401BaxterHealthcareWWTP11- 10- 15.doc