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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