20090543 Ver 1_No Written Concurrence_20090518

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
May 18, 2009
Natural Resources
Dee Freeman
Secretary
Pender County
DWQ Project #: 09 0543
Town of Burgaw
Attn: Mr. Martin Beach
109 N. Walker Street
Burgaw, NC 28425
Subject Property
Dear Mr. Beach:
Town of Burgaw Wastewater System improvements; Highway 117
NO WRITTEN CONCURRENCE NEEDED
You have our approval, in accordance with the attached conditions, to install a 20" PVCX C-
905 DR-18 force main sewer line in the DOT right-of-way along NC Highway 117 between
Burgaw and Wallace temporarily impacting 1.129 acres of wetlands and permanently impacting
0.14 acres of wetlands within the 10' wide maintained corridor as you described in your
application dated May 7, 2009. After reviewing your application, we have decided this fill is
below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3699 are met, which may be viewed on our website at
http://h2o.enr.state.nc.us/newetlands. This Certification allows you to use Nationwide Permit
12 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, Non-discharge,
and stormwater regulations.
This approval is only valid 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 wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval
shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed on the following page.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncwateraualitv.org
An Equal Opportunity/Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarohna
Naturally
Customer Service 1-877-623-6748
Page Two
Town of Burgaw
Attn: Mr. Martin Beach
DWQ # 09 0543
May 18, 2009
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the enclosed conditions (GC 3699) are followed.
If you do not accept any of the conditions of this certification, 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.
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 Ian McMillan at 919.733.1786 or
myself in the Wilmington Regional Office at 910.796.7215.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
Enclosures
GC 3699
Certificate of Completion
cc:
Kim Williams - Land Management Group
Ronnie Smith - USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
Stephen Rynas - DCM Morehead City
Heather Coats - DCM Wilmington
WiRO