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HomeMy WebLinkAbout20171630 Ver 1_Approval Letter_20180702b. iso Water Resources Environmental Quality July 2, 2018 ROY COOPER Governor MICHAEL S. REGAN Seeietar.v LINDA CULPEPPER Interim Director DWR # 20171630 Wilkes County Town of North Wilkesboro Attn: Larry South 832 Main St North Wilkesboro NC 28659 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS North Wilkesboro Sanitary Sewer Improvements Dear Mr. South: You have our approval for the impacts listed below for the purpose described in your application dated December 19, 2017, received by the Division of Water Resources (Division) December 19, 2017, and with subsequent information on May 30, 3018 and June 15, 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 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site S1 0 (linear feet) 38 (linear feet) Site S2 0 (linear feet) 33 (linear feet) Site S3 0 (linear feet) 33 (linear feet) Site S8 0 (linear feet) 33 (linear feet) 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 Town of North Wilkesboro DWR# 20171630 401 APPROVAL Page 2 of 4 Site S10 0 (linear feet) 35 (linear feet) Site S12 0 (linear feet) 67 (linear feet) 404/401 Wetlands Site W1 0.01 (acres) 0.01 (acres) Site W2 0.0 (acres) 0.01 (acres) Site W3 0.03 (acres) 0.03 (acres) Site W4 0.01 (acres) 0.01 (acres) Site W5 0.0 (acres) 0.10 (acres) Site W6 0.07 (acres) 0.15 (acres) Site W7 0.01 (acres) 0.01 (acres) Site W8 0.0 (acres) 0.01 (acres) Site W9 0.04 (acres) 0.09 (acres) Site W10 0.06 (acres) 0.03 (acres) Site W11 0.0 (acres) 0.08 (acres) Site W12 0.01 (acres) 0.02 (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. All wetlands, streams, and surface waters located within the Right of Way but not approved for impacts under this authorization shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. Due to the presence of Bog Turtle habitat, work within Wetland 5 shall adhere to the following additional requirements: a. Mud mats shall be used for equipment access. b. For any impacts within the muddy ruts, a qualified biologist shall survey the area for turtles and be on- site during excavation to search for animals within the trench spoil material. 5. This approval exempts the Permittee from meeting Condition 1.2. for the installation for sewer line adjacent to Sewer Outfall 1, Station 00+50 through 1+00, Station 68+00 through 69+20 and Station 83+00 through 84+00; Sewer Branch 2A Station 1+25 through 11+50, Station 13+50 through 16+75; Sewer'Branch 4B Station 4+90 through 12+00 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)] 6. The Permittee shall schedule an on-site preconstruction meeting with the Division, the Town and the construction contractor prior to disturbance activities at Sewer Branch 4B Station 4+90 through 12+00. [15A NCAC 02H.0507 (c) and 15A NCAC 02H .0502 (e)] Town of North Wilkesboro DWR# 20171630 401 APPROVAL Page 3 of 4 7. Due to the proximity of the stream to the installation of Sewer Branch 4B at Stations 4+90 through 12+00, the Permittee shall utilize standard dewatering methods to temporarily dewater the channel immediately adjacent to the work area each day. Land disturbing activities within this area shall be limited to the amount that can be completed, restored, and stabilized within one day. The Permittee shall inspect the dewatered channel for any impacts or instability, and shall restore the channel to pre -construction conditions prior to returning flow to the channel each day. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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) 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 Town of North Wilkesboro DWR# 20171630 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) William Elliott, USACE Asheville Regulatory Field Office (via email) Andrea Leslie, NCWRC (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file