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HomeMy WebLinkAbout20090586 Ver 1_Approval Letter_20090603,&4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 3, 2009 DWQ# 09-0586 Guilford County Mr. Scott McDowell AECOM 1315 Franklin Rd Roanoke, VA 24011 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. McDowell: You have our approval, in accordance with the attached conditions, to impact 0.71 acres of wetlands in order expand and improve an existing inline stormwater pond for emergency secondary containment purposes at the Duke Energy Fairfax Yard Facility in Greensboro, NC in Guilford County, as described in your application received by the Division of Water Quality (Division) on May 22, 2009. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3687, which can be viewed on our web site at http://www.ncwaterqualit?org/wetlands.html. This Certification allows you to use Nationwide Permit Number 3 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Wetland Impacts Identifier Location Impact area Site 1 Dredging of inline stormwater pond emergent wetlands 0.71 acres Total 0.71 acres dredged wetlands 2. Work must be accomplished so that no impacts occur, including hydrological changes, to the stream above or below the stormwater pond. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org ;Vatuna"//y An Equal Opportunity 1 Affirmative Action Employer Duke Energy Fairfax Yard DWQ# 09-0586 June 3, 2009 Page 2 of 3 3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form. 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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at sue.homewood@ncmail.net. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Duke Power Company, 2500 Fairfax Rd, Greensboro NC 27407 DWQ Winston-Salem Regional Office DWQ Wetlands/401