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HomeMy WebLinkAbout20171253 Ver 1_Approval Letter_20171130cu Water Resources Environmental Quality November 30, 2017 City of Greenville Attn: Mr. Craig Midgett 1500 Beatty Street Greenville, NC 27834 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director DWR # 17-1253 PITT County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS APPROVAL OF TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS GREENS MILL RUN GREENWAY REPAIR Dear Mr. Midgett: You have our approval for the impacts listed below for the purpose described in your application dated August 10, 2017 and received by the Division of Water Resources (Division) on October 3, 2017 with subsequent information received on November 1, 2017. These impacts are covered by the attached Water Quality General Certification Number 4087, Tar -Pamlico River Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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 02B .0506(b)(c)] and 15A NCAC 02B.02591 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Wetlands W1 0.03 (acres) 0 (acres) Figure 1 Stream S1 (Rip -Rap) 125 (linear feet) 0 (linear feet) Figure 1 Buffer B1 (Access—Zone 1) B3 (Access—Zone 2) 3,750 (square feet) 2,500 (square feet) 0 (square feet) 0 (square feet) Figure 1 State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 CITY OF GREENVILLE DWR# 17-1253 401 AND BUFFER APPROVAL Page 2 of 3 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4087. [15A NCAC 02B .0507(c)] 4. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0211 (k)] 5. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0259(6)] 6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] These Certifications 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). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received CITY OF GREENVILLE DWR# 17-1253 401 AND BUFFER APPROVAL Page 3 of 3 in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, 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 DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules and Tar - Pamlico Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauah@ncdenr.eov if you have any questions or concerns. Sincerely,( u�lel Robert Tankard, Assistant Regionalsupervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4087 Certification of Completion cc: Gary Beecher, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO DWR WaRO 401 File Laserfiche OF N u,z z)CAKi: MATr�y F4/ ;rZE is �,� g E 2 V FD OA Rb Y/A L K C E�= >2 0158 d� ° QZ�o A o a 1 % 10 Se bLF