HomeMy WebLinkAbout20160011 Ver 1_Isolated Wetland Determination_20160113Water Resources
ENVIRONMENTAL QUALITY
January 13, 2016
Mr. Craig Wyant
Fine Line Design
P.O. Box 163
High Shoals, NC 28077
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Semlary
S. JAY ZIMMERMAN
Di du,
DWR# 16-0011
Mecklenburg County
Subject: Authorization for Impacts to Isolated Wetlands and Waters with Additional Conditions
Hornet/Frito Lay Expansion
Dear Mr. Wyant:
You have our approval, in accordance with the attached Isolated and Other Non -404
Jurisdictional Wetlands and Waters General Permit and those conditions listed below, for the
purpose proposed in your application dated December 30, 2015, and received by the Division of
Water Resources (the Division) on January 4, 2016. 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.
The above noted General Permit will expire on March 18, 2017, unless otherwise
specified. It is advised that all conditions of the permit are reviewed prior to initiation of the
project. In addition to the requirements of the Certification, you must also comply with the
following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application. If total wetland fills for this project (now or in the
future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150
linear feet, compensatory mitigation may be required. If the property is sold, the new
owner must be given a copy of the Permit and approval letter; and is thereby responsible
for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)]
3. Approved Impacts:
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream
0 linear ft. 0 linear ft.
Wetland
0 acre 0.41 acre
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Martinville Regional OITcel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704663 1699
4. A final, written storm water management is required. You are required to provide one
copy of the approved SMP, including plan details on full-sized plan sheets, with proof of
Charlotte/Mecklenburg's approval. The approved SMP shall be submitted to the DWR
401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699-1650)
before any impacts authorized in this certification occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written
authorization from Charlotte/Mecklenburg. If the SMP is modified in the future, then yon
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications.
5. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
6. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
Continuing Compliance. The applicant (Frito Lay, Inc.) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any
requirements for compliance with section 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 the 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, the Division may reevaluate and modify this Certification
to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
Certification, the Division shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions
shall be provided to the applicant in writing, shall be provided to the United States Army
Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project. 15A NCAC
02B.0200
This General Permit can be contested as provided in Articles 3 and 4 of the General
Statute 150B by filing a written petition for an administrative hearing to the Office of the
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.
Within sixty (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, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one
(1) 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 Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
4�
r� W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Craig Wyant, Fine Line Design, craip.wyantacharter.net
Karen Higgins, Wetlands Unit
MRO, Land Quality