HomeMy WebLinkAbout20071192 Ver 2_Approval Letter_20080327~Ok W AT FRO Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~ ~
p 'l ti; -~ Coleen H. Sullins, Director
:> Division of Water Quality
°:~'~ Chuck Wakild, P.E., Deputy Director
Division of Water Quality
March 27, 2008
Green County
229 Kingold Blvd.
Suite D
Snow Hill, NC 28580
Subject Property: Green County 2005 water System Improvements
UT to Mussel Run, 030407, 27-86-23, NSW, C, Sw
DWQ Project # 07-1192 vs 2
Green County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.003 acres of waters, 16 feet of streams and 1600 square feet (ft2) of protected riparian buffers for
the purpose of water line utility at the subject property, as described within your application dated November 5,
2007 and received by the N.C. Division of Water Quality (DWQ) on January 28, 2008. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3699
(GC3699). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration
of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
I . Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
Amount A roved (Units} Flan Location or Reference
Stream 16 (feet) Plat rovided with a plication
404/CAMA Wetlands na (acres) na
Waters 0.003 (acres) Plat rovided with a lication
Buffers 1600 (s uare ft.) Plat rovided with a lication
2. Erosion & Sediment Control Practices
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycledl10% Post Consumer Paper
NorthCarolina
~atur~!!~
Green Co.:
Page 2 of 3
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
Nortla 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.
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into a
stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide
stormwater facilities that are considered to remove nitrogen. This may require additional approval from this
Office.
7. No Impacts Beyond those in Application
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.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
Green Co.:
Page 3 of 3
depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or
CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are fmal and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as
provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
-~ v ~ --
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3699
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy
Central Files
Bradley C. Gillam, PE, McDavid and Associates, Inc.
PO Drawer 49, Farmville, NC 27828
File: 07-1192 vs 2