20080016 Ver 1_Approval Letter_20080617

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 17, 2008
DWQ Project # 08-0016
Orange County
Ms. Laura Blackmon, County Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Subject Property: Orange County Animal Services Facility
Ut to Old Field Creek [030605, 6-41-1-7, C, NSW]
Approval of 401 WaterQua°lity Certification with Additional Conditions
Dear Ms. Blackmon:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 67 linear feet of intermittent stream, as described in your application dated
December 18, 2007, and received by the Division of Water Quality (DWQ) on January 2, 2008, with
additional information received from you on January 17, 2008, May 9, 2008 and May 12, 2008, to extend
an existing culvert at the site. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows
you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE). 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 150 linear 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:
1. 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:
Type of impact Amount Approved nits Plan Location or Reference
Stream (intermittent) 67 (linear feet PCN page 8 of 12
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Orange County
Page 2 of 4
June 17, 2008
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.
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 am l 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 he 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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. 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;
6. CulveLLInstallation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
Orange Lounry
Page 3 of 4
June 17, 2008
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly. or erosion
the Culvert(s) shall not be installed in'such a manner
stithat dimengions (including the ?oss section
stream up or down stream of the culvert(s). Existing steam
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Culvert(s) must be installed according to approved plans. ace Placement of culverts and other structures in wae culverts with a diameter gre terthan 48anches,
the elevation of the streambed by one foot for all ess than 48
, to and 20 percent of the culvert diameter for culverts and having
a diameter ment oflculverts andlother structures
low flow passage of water and aquatic life. Design placement ner that
may
result including temporary erosion control measures shall
adjacent to upstream and down stream of the
dis-equilibrium of wetlands or streambeds or banks above structuregN. The applicant is required to provide evidence that the equilibrium shall be
maintained if requTsted in writing by DWQ•
The establishment df native, woody vegetation and other soft stream bank
mebhoizat If rip-rap as es
must be used where practicable instead of rip rap or other bank hardening
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
of water movement and be designed
Installation of culverts in wetlands must ensure
conditions.
to adequately accommodate high water or flood con
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of cation Completion" form to notify NCDWQ when a attached form and ret rn into the has been
completed. The responsible party shall complete the the
t site compdletion
ect. 401/Wetlands Unit of the NC Division of Water Quality
cor ect installation
culvert upon
send photographs upstream and downstream of each
along with the Certificate of Completion form.
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
The approved SMP must be constructed and operational is phased, t en the approved SMPrfor
other structure is occupied at the site. If a development
permanent building or other
each future phase must be constructed and operational before any p
structure associated with that phase is occupied. -s The approved SMP as well as drainage patterns must be maintained in perpetuity.
oyal
The SMP may not be modified without prior written authorization from to copy appr
authority. If the SMP falls under another state stormwater program, then approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
8. Certificate of Completion app completion of all work approved within the 401 Water Quality Cedrtt i return the att
Upon ached
Buffer Rules, and any subsequent modifications, the applicant is require
of completion to the 401 Oversight/Express Review Permitting Uit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 2769
Orange County
Page 4 of 4
June 17, 2008
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 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 final 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 pr?,tvided 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. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733 86.
Sincer ,
Coleen H. Sullins
CHS/gym
Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Ren Ivins, Orange County Soil and Erosion Control, P.O. Box 818, Hillsborough, NC 27278
Tony M. Whitaker, Civil Consultants, Inc., 3708 Lyckan Parkway, Suite 201, Durham, NC 27707
Filename: 0800160rangeCountyAnimalServicesFacil ity(Orange)401