HomeMy WebLinkAbout20080827 Ver 2_Approval Letter_20090129
Beverly Eaves Perdue
Governor
AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
January 29,2009
DWQ Project # 08-0827v2
Johnston County
Mr. Timothy G. Broome
Director of Infrastructure and Engineering
Johnston County
P.O. Box 2263
Smithfield, NC 27577
Subject Property: Cleveland Area High School Sewer Outfall Pump Station
Steep Hill Branch [030403,27-43-15-16, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Broome:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.012 acres of 404/wetland, 40 linear feet of perennial stream and 2,604
square feet of Zone 1 Neuse River basin protected riparian buffers and 1,705 square feet of Zone 2 Neuse
River basin protected riparian buffers, as described in your application dated November 14, 2008, and
received by the Division of Water Quality (DWQ) on January 6, 2009 with additional information
received on January 26, 2009, to construct the proposed sanitary sewer pump station to serve the new
Cleveland Area High School at the site. 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) NW12 when issued by the US Army Corps of
Engineers (USACE). 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 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.
401 OversighVExpress Review Permitting Unit
1650 Maii Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-1786 \ FAX: 919-733-6893
Internet: http://h20.enr.state. nc. us/ncwetlands/
N~~h Carolina
;Natura//If
An Equal Opportunity \ Affirmative Action Employer
Johnston County
Page 2 of3
January 29, 2008
1
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 Penn it) are met. No other impacts are approved including
incidental impacts:
T e of 1m act
404/Wetland
Stream - erennial
Buffers Zone 1
Buffers Zone 2
Plan Location or Reference
PCN age 8 of 12
PCN age 8 of 12
PCN a e 11 of 12
PCN a e II of 12
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 ofthe 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 perfonned 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 and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance ofthe sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version ofthe 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
stonnwater 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 without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement oftemporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the project;
5. Diffuse Flow
All constructed stonnwater 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 stonnwater facilities that are considered to remove nitrogen (and phosphorus if in
the Tar-Pamlico River Basin). This may require additional approval from this Office.
Johnston County
Page 3 of3
January 29, 2008
6. 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;
7. 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 OversightlExpress Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 provided in Articles 3 and 4 ofG.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 Cyndi Karoly or Ian McMillan at 919-733-1786.
~IY,
~COleen H. Sullins
CHS/ijm
Enclosures:
GC3699
Certificate of Completion
cc: Thomas Brown, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Fi lename: 080827v2ClevelandAreaHSSewerOutfall(Johnston)40 1_ NB R.doc