HomeMy WebLinkAbout20160722 Ver 1_Approval Letter_20160824Water Resources
ENVIRONMENTAL QUALITY
August 24, 2016
Town of St. Pauls
Attn: Gerard J. Weindel, Mayor
210 W. Blue Street
St. Pauls, NC 28384
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0722
Robeson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Town of St. Pauls — Sewer Improvements Related to Sanderson Farms
Dear Mr. Weindel:
You have our approval for the impacts listed below for the purpose described in your application dated
July 22, 2016, received by the Division of Water Resources (Division) July 25, 2016. These impacts are
covered by the attached Water Quality General Certification Numbers 3884 and 3885 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Numbers 12 and 13 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(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 are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and (c)]. Note that the following table of
impacts uses the impact location numbering from the previously approved Certification.
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
404/401 Wetland Impact 1
0.05 (acres)
0.03 (acres) Construction
Conversion to
Corridor
herbaceous only
State of North Carolina I Environmental Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
910-433-3300
Town of St. Pauls —Sewer Improvements Related to Sanderson Farms
DWR# 16-0722
Perennial Stream Impact 1 15 (linear feet)
Perennial Stream Impact 2 50 (linear feet)
Perennial Stream Impact 3 15 (linear feet)
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
Certification(s)/Permit/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
3. 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.
4. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
5. No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
Town of St. Pauls — Sewer Improvements Related to Sanderson Farms
DWR# 16-0722
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and downstream of the above structures.
All sediment and erosion control devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project.
6. 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 is required to
return the attached certificate of completion to the DWR WEBSCAPE Unit at: 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. 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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
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:
John Evans, General Counsel
Department of Environment Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Town of St. Pauls — Sewer Improvements Related to Sanderson Farms
DWR# 16-0722
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433-3320 or chadturlington@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 3884 and GC 3885
cc: John C. Vilas — McGill Associates, P.A. (via email)
Tom Charles - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 file
DWR 401 & Buffer Permitting Unit file