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HomeMy WebLinkAbout20180488 Ver 1_Approval Letter_20180614Water Resources Environmental Quality June 14, 2018 Davie County Attn: John Eller, County Manager 123 South Main St Mocksville NC 27028 City County Utilities Commission Attn: Courtney Driver 101 N. Main St, Suite 357 Winston-Salem, NC 27101 ROY COOPER Governor MICHAEL S. REGAN .Secretcny LINDA CULPEPPER Interim Director DWR # 20180488 Davie/Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS East Davie County and Idols Rd Pump Station Sanitary Sewer Dear Mr. Eller and Ms. Driver: You have our approval for the impacts listed below for the purpose described in your application dated April 4, 2018, received by the Division of Water Resources (Division) April 5, 2018, and with subsequent information received May 8, 2018 and June 1, 2018. These impacts are covered by the attached Water Quality General Certification Number 4133 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)j 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 Davie County and City County Utilities Commission DWR# 20180488 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1— Stream SA 0 (linear feet) 21 (linear feet) S2 — Stream SB 0 (linear feet) 44 (linear feet) S3 — Smith Creek 0 (linear feet) 34 (linear feet) S4 — Stream SC 0 (linear feet) 32 (linear feet) S5 — Stream SE 0 (linear feet) 23 (linear feet) S6 —Stream SF 0 (linear feet) 35 (linear feet) S7 - Stream SI 0 (linear feet) 30 (linear feet) S8 — Stream SH 0 (linear feet) 36 (linear feet) S9 — Stream SL 0 (linear feet) 37 (linear feet) S10—Stream SM 0 (linear feet) 47 (linear feet) S11— Stream SN 0 (linear feet) 31 (linear feet) 404/401 Wetlands W1— Wetland WB 0.009 (acres) 0.020 (acres) W1— Wetland WC 0.038 (acres) 0.032 (acres) W1— Wetland WD 0.012 (acres) 0.009 (acres) W1— Wetland WE 0.034 (acres) 0.033 (acres) W1— Wetland WF 0.072 (acres) 0.393 (acres) W1— Wetland WG 0.005 (acres) 0 (acres) W1— Wetland WM 0 (acres) 0.005 (acres) W1— Wetland WI 0 (acres) 0.112 (acres) W1— Wetland WH 0 (acres) 0.063 (acres) W1— Wetland WK 0.034 (acres) 0.034 (acres) W1— Wetland WL 0.011 (acres) 0.023 (acres) W1— Wetland WFA 0.003 (acres) 0.003 (acres) 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. This approval exempts the Permittee from meeting Condition 1.2. for the installation for sewer line adjacent to Station 00+00 through 00+80 within 10 feet of the stream bank. Land disturbance shall be minimized as much as practical within 10 feet of the stream bank. [15A NCAC 02H .0506 (b)(2) and (c)(2)] Davie County and City County Utilities Commission DWR# 20180488 401APPROVAL Page 3 of 4 4. Prior to performing work required for the stream crossing at Stream SM, the contractor shall determine the materials present at the depth required for the pipe installation across the stream. The contractor shall verify that all work required to cross the stream can be accomplished at low flow conditions and prior to the next forecasted storm event. If this is not feasible then the Permittee shall develop an alternative installation/dewatering method to ensure that the work is done "in the dry" and will not cause downstream water quality violations. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. Upon completion of the sewer installation adjacent to Stream SH and streambank stabilization the Division shall be notified in order to conduct an inspection of the area. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 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) / thirty (30) 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 Davie County and City County Utilities Commission DWR# 20180488 401 APPROVAL Page 4 of 4 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 4133 cc: Chris Hopper, Carolina Ecosystems, Inc. (via email) Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email) Olivia Munzer, NCWRC (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file