HomeMy WebLinkAbout20160269 Ver 1_Approval Letter_20160422r.
PAT MCCRORY
a
k
Governor
DONALD R. VAN DER VAART
Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
April 22, 2016
DWR #16-0269
Northampton County
Virginia Electric & Power Company
Attn: Pamela Faggert
5000 Dominion Blvd.
Glen Allen, VA 23060
Subject: . APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Dominion Roanoke Rapids North Side Recreational Area
Dear Ms. Faggert:
You have our approval for the impacts listed below for the purpose described in your
application dated March 7, 2016 and received by the Division of Water Resources (Division) on
March 14, 2016 with additional information received on April 14, 2016. 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 42 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: -
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. '[15AJNCAC 02B :0506(b)(c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0.12 (acres)
0.05 (acres)
Road Crossing
Division of Water Resources, Raleigh Regional Office, Water -Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Dominion Roanoke Rapids
DWR# 15-0269
401 APPROVAL
Page 2 of 3
2. 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. [15A NCAC 02H .0501 _
and .0502]
3. Protective Fencing
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. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4. 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. [15A NCAC 02B .0507(d)(2)]
5. 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). 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
0AH. A petition is considered filed when the original and one (1) copy along with any
__applicable OAH filing fee is received intheOAH during normal office hours (Monday_through
Friday between 8:00am and 5OOpm, 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):
Dominion Roanoke Rapids
DWR# 15-0269
401 APPROVAL
Page 3 of 3
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 Hayes, 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC-DENR-DWR - 401-& Buffer- - - - -- NC- DENR-DWR - 401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 -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.
Sirfce
z�1�
y Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 2759
Sean Clark; SEPI Engineering & Construction; 1025 Wade Ave.; Raleigh, NC 27606
DWR RRO 401/Buffer file.
DWR 401 & Buffer Permitting Unit