HomeMy WebLinkAbout20170130 Ver 1_Approval Letter_20170508May 8, 2017
Davidson County
ROY COOPER
Goverjror
MICHAEL S. REGAN
Secretar},
S. JAY ZIMMERMAN
Director
DWR # 20170130
Davidson County
Attn: Mr. Zeb Hanner, County Manager
PO Box 1067
Lexington NC 27293
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
1-85 Business Park Sanitary Sewer Improvements
Dear Mr. Hanner:
You have our approval for the impacts listed below for the purpose described in your application dated
January 10, 2017, received by the Division of Water Resources (Division) January 26, 2017, with subsequent
information on April 7, 2017 and May 4, 2017. These impacts are covered by the attached Water Quality
General Certification Number 4086 and the conditions listed below. This certification is associated with the
use of Nationwide Permit Number 12 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(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/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1
0 (linear feet)
36 (linear feet)
S2
0 (linear feet)
32 (linear feet)
S3
0 (linear feet)
0 (linear feet)
S4
0 (linear feet)
27 (linear feet)
S5
0 (linear feet)
188 (linear feet)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797•
Davidson County
DWR# 20170130
401APPROVAL
Page 2 of 4
S6
0 (linear feet)
14 (linear feet)
S7
0 (linear feet)
21 (linear feet)
S8
0 (linear feet)
21 (linear feet)
S9
0 (linear feet)
25 (linear feet)
S10
0 (linear feet)
12 (linear feet)
S10
43 (linear feet)
0 (linear feet)
404/401 Wetlands
W1
<0.01 (acres)
0.32 (acres)
W2
0.02 (acres)
0 (acres)
W3
<0.01 (acres)
0 (acres)
W4
0.05 (acres)
0.09 (acres)
W5
<0.01 (acres)
0 (acres)
W6
<0.01 (acres)
<0.01 (acres)
W7
0.06 (acres)
0 (acres)
W8
0.03 (acres)
0.08 (acres)
W9
0.06 (acres)
0 (acres)
W10
<0.01 (acres)
<0.01 (acres)
W11
<0.01 (acres)
0 (acres)
W12
<0.01 (acres)
0 (acres)
W13
0 (acres)
0.02 (acres)
W14
<0.01 (acres)
0 (acres)
W15
<0.01 (acres)
0 (acres)
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. Stream S4 within the Right of Way from Station 169+00 and 170+10 shall be clearly marked with
orange fabric fencing or orange silt fencing prior to any land disturbing activities. The fencing must
be maintained on the property until the construction in the adjacent area is completed. [15A NCAC
02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
4. The Permittee shall conduct a pump around of Stream S10 from station 67+00 to 70+00 while
construction work is occurring within this area. Prior to discontinuing the pump around the
Permittee or their designee shall inspect the channel for any incidental impacts or sediment
deposits and shall develop and implement a restoration plan if any impacts from construction or
sediment loss have occurred. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
Davidson County
DW R# 20170130
401 APPROVAL
Page 3 of 4
5. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within the 1-85 Business Park will require a
modification of this 401 Water Quality Certification approval and any additional impacts may be
considered cumulative with these impacts. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and
.0502]
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) 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: If sending via delivery service (UPS, FedEx, etc):
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Davidson County
DWR# 20170130
401APPROVAL
Page 4of4
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4086
cc: Chris Hopper, Carolina Ecosystems Inc. (via email)
Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file