HomeMy WebLinkAbout20160610 Ver 1_Approval Letter_20160711PAT MCCRORY
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Governor
71.1
DONALD R. VAN DER VAART
® ' Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
July 11, 2016
DWR # 16-0610
Orange Counties
Orange Water and Sewer Authority
Attn: Ed Kerwin, Executive Director
400 Jones Ferry Rd.
Carrboro, NC 27510
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION. CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 01B.0267) WITH ADDITIONAL
CONDITIONS
Six Gravity Sanitary Sewer Creek Crossing Upgrades
Dear Mr. Kerwin:
You have our approval for the impacts listed below for the purpose described in your
application dated June 13, 2016 and received by the Division of Water Resources (Division) on
June 17, 2016. These impacts are covered by the attached Water Quality General Certification
Numbers 3883 and 3890 and the conditions listed below. These certifications are associated
with the use of Nationwide Permit Numbers 3 and 18 once they are 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0267(11)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Fax: (919) 788 - Phone: (919) 791-42004200
Location: 3800 Barrett Drive, Raleigh, NC 27609
Six Gravity SS Creek Crossing Upgrades
DWR #16-0610
401 AND BUFFER APPROVAL
Type of Impact
Amount Approved
Amount Approved
7.1
(units)
(units)
Permanent
Temporary
Stream
0 (linear feet)54
(linear feet)
Site 1
Stream
121 (linear feet)
0 (linear feet)
Site 2
Stream
0 (linear feet)
40 (linear feet)
Site 3
Buffers —Zone 1
1,770 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
682 (square feet)
0 (square feet)
Site 1
Buffers —Zone 1
2,731 (square feet)
0 (square feet)
Site 2
Buffers—Zone 2
779 (square feet)
0 (square feet)
Site 2
Buffers—Zone 1
1,332 (square feet)
0 (square feet)
Site 3
Buffers — Zone 2
0 (square feet)
0 (square feet)
Site 3
Buffers — Zone 1
2,068 (square feet)
0 (square feet)
Site 4
Buffers— Zone 2
13 (square feet)
0 (square feet)
Site 4
Buffers —Zone 1
1,986 (square feet)
0 (square feet)
Site 5
Zone 2
318 (square feet)
0 (square feet)
RBufflers—
5—Zone
1
2,409 (square feet)
0 (square feet)
6
Buffers — Zone 2
203 (square feet)
0 (square feet)
Site 6
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]
v
Six Gravity SS Creek Crossing Upgrades
DWR #16-0610
401 AND BUFFER APPROVAL
2. 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)]
3. 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
and Buffer Authorization. If,you change your project, you must notify the Division and
you maybe_. 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 A507(d)(2)]
4. This approval and its conditions are final and binding unless contested. [G.S, 143-215.5]
This Certification and Buffer Authorization 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.nc6ah.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
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 8:00am 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 by First Class Mail If sending via delivery service '
via the US Postal Service: (e.g. UPS, FedEx):
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:
Six Gravity SS Creek Crossing Upgrades
DWR #16-0610
401 AND BUFFER APPROVAL
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 27699-16.17 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A
NCAC 02B .0267. Please contact Cherri Smith at 919-791-4251 orcherri.sriiith@ncdenr.gov if
you have any questions or concerns.
a.
Sin erely,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3883.& 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade-
Drive, Ste. 105; Wake Forest, NC 27597
Ms. Keven Arrance; Hazen & Sawyer; 4011 Westchase Blvd., Ste. 500; Raleigh, NC
27607.
DWR 401 & Buffer Permitting Unit