HomeMy WebLinkAbout20171630 Ver 1_Approval Letter_20180702b.
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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