20021769 Ver 4_Approval Letter_20090617

LT X_ WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 17, 2009
Mr. David White, Assistant Town Manager
Town of Southern Pines
482 E. Connecticut Avenue
Southern Pines, NC 28387
Re: Southern Pines Raw Water Reservoir, Moore County
Ut to Horse Creek (030750,14-2-10, WSII, HQW)
DWQ 420021769; Ver. 4; USACE Action ID. No. SAW-2006-40205-063
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. White:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3799 issued to Mr. David White and the Town of Southern
Pines, dated June 17, 2009. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincer N
Coleen H. Sullins
CHS/cbk/ym
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Ken Averitte, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
J. H. Carter, 111, and Associates, Inc., P.O. Box 891, Southern Pines, NC 28388
Filename: 021769Ver4Southe rnPi nesRaw W aterReservoi r(Moore)401_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Natzmallff
An Equal Opportunity 1 Affirmative Action Employer
Town of Southern Pines
Page 2 of 5
June 17, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. David White and the Town of Southern Pines to fill
impact 1.6 acres of 404/wetland (fill 0.7 acres of wetland for dam construction and flood 0.9 acres of
wetland for reservoir flooding) and 444 linear feet of stream (fill 277 linear feet stream for dam construction
and flood 167 linear feet of stream for reservoir flooding), located with the Lumber River Basin, associated
with construction of the proposed reservoir at the site, which is located west of US Highway 1, and south of
Thunder Road, southwest of Southern Pines Water Treatment Plant, near Southern Pines, Moore County,
North Carolina, pursuant to a revised application dated the 3`d of April, 2009, and received by the DWQ on
April 6, 2009, and by Public Notice by the U.S. Army Corps of Engineers issued on the 15th day of May of
2009 (received by DWQ on May 15, 2009).
The application and supporting documentation.provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/Riparian Wetlands 1.6 [(acres) - fill 0.7 acres of Application and Public Notice
wetland for dam construction
and flood 0.9 acres of wetland
for reservoir flooding]
Stream 444 [(linear feet) - fill 277 linear Application and Public Notice
feet stream for dam construction
and flood 167 linear feet of
stream for reservoir flooding
Town of Southern Pines
Page 3 of 5
June 17, 2009
Sediment and Erosion Control:
2. 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 shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. 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;
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
Continuing Compliance:
Mr. David White and Town of the Southern Pines, shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. David White and the Town of Southern Pines and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. David White and the Town of Southern Pines in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Town of Southern Pines
Page 4 of 5
June 17, 2009
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into the fund. You have 60 days from
the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the following
compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Re uirM River and Sub-basin Number
Stream 277 (linear feet) Lumber/03040203
Road Crossings:
Other conditions:
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
9. Additional Conditions As Agreed Upon In FONSI From NCDENR - DWR Dated December 10, 2008
• Also based on the study, the Town will limit withdrawals to a maximum instantaneous volume not
to exceed 14 mgd (21.6 cfs) when a flow of 56 cfs, or greater, is maintained at the USGS gage
downstream at U.S. Highway 1.
• The Town will maintain a downstream flow of 0.3 cfs at the toe of the water supply storage dam
into the unnamed tributary of Horse Creek.
• In addition to other necessary mitigation measures, the Town will preserve 8 acres of "high- quality,
forested wetlands" located adjacent to the Town's WTP intake on Drowning Creek.
• Permanent stormwater diversion ditches and berms will be utilized and sized to divert all of the
stormwater flow from adjacent properties within the contributory 163-acre watershed around the
proposed reservoir.
10. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 Permit.
Town of Southern Pines
Page 5 of 5
June 17, 2009
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 17th day of June 2009
DIVISION OF W TE ALITY
Coleen H. Sullins
3799
CHS/cbk/ijm
AMP-MA
NC DM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. David White and the Town of Southern Pines, have permission to fill
or otherwise impact 1.6 acres of 404/wetland (fill 0.7 acres of wetland for dam construction and flood 0.9 acres of
wetland for reservoir flooding) and 444 linear feet of stream (fill 277 linear feet stream for dam construction and
flood 167 linear feet of stream for reservoir flooding), to construct the proposed Town of Southern Pines raw water
reservoir at the site, which is located west of US. Highway 1, and south of Thunder Road, southwest of Southern
Pines Water Treatment Plant, near Southern Pines, Moore County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Town of Southern Pines Offstream Raw Water Reservoir
DWQ PROJECT #: 20021769, Ver. 4
LOCATION: Southern Pines
COUNTY Moore
BASIN/ SUB BASIN Lumber/03040203
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts mitigation
277 Linear Feet Of Stream 277 Linear Feet Of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 021769Ver4SouthemPinesRawW aterReservoir(Moore)401 _IC_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o,enr.state.nc.us/ncwetlands/
NorthCarolina
Wmral&
An Equal Opportunity 1 Affirmative Action Employer