20090266 Ver 1_Approval Letter_20090511

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 11, 2009
Greenville Utilities Commission (GUC)
Attn: Ricky Langley
1721 Waterway Road
Greenville, NC 27835
DWQ Project # 09-0266
Pitt County
Subject Property: GUC Raw Water Pumping Station
Tar River, Tar-Pamlico Basin, 030305, 28-(91.5), NSW, WS-IV, CA
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Langley:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.15 acres of wetlands, 180 feet of streams and 32,162
square feet (ft) of protected riparian buffers for the purpose of installing a second intake line at
the subject property, as described within your application dated March 2, 2009 and received by
the N.C. Division of Water Quality (DWQ) on March 16, 2009. 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) 12
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 .0259. 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.
North Carolina Division of Water Quality Internet: www.newaterq_uality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofiina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper ;Vatumlly
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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 Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 180 (feet) total
137 (If) permanent
43 (If) temporary Plat provided with application
404/CAMA Wetlands 0.15 (acres) Plat rovided with application
Waters na (acres) na
Buffers 32,162 (square ft. Plat provided with application
2. Erosion & Sediment Control Practices
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 of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the 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. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 of the 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 performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project.
5. 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. Buffer Mitigation Plan
You are required to mitigate for impacts to the protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian buffers
was calculated to be 1,360 square feet (sf) as required under this Authorization
Certificate and 15A NCAC 2B .0260(3). These impacts take place in Zone I as a
parallel impact thus requiring the impact square footage to carry a multiplier of three
(3). The total area of mitigation is 4,080 square feet. You shall submit a mitigation
plan as required under 15A NCAC 02B .0260 to this office for approval. The
mitigation plan shall be approved by the DWQ before any of the impacts approved
under this Authorization Certificate occur. Mitigation plans typically proposed
include Buffer Restoration or Enhancement [15A NCAC 02B .0260(9)] or Payment
into the Riparian Buffer Restoration Fund [15A NCAC 02B .0260(7)].
7. FONSI Requirements
All conditions set forth in the Finding of No Significant Impact (FONSI) issued as a result of
the Environmental assessment shall be conducted to protect resources as a result of this
project. Specifically the relocation of mussel species within the coffer dam during the
dewatering process.
8. NC Wildlife Resources Commission Requirements
Screens must be placed on the new intakes that will not exceed a mesh size of Imm and a
velocity of 0.5 ft/sec.
No in water work shall occur from February 15 - September 30 of any year.
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
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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 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Kyle Barnes of the Washington Regional
Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3699
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
WRC, WaRO
DLR, W aRO
File copy
Jennifer Heard, Brown and Caldwell
5410 Trinity Road, Suite 302, Raleigh, NC 27607
File: 09-0266