HomeMy WebLinkAbout20181064 Ver 1_Approval Letter_20181005ROY COOPER
Governor
.3Jky .
MICHAEL S. REGAN
- " Secretory
LINDA CULPEPPER
Water Resources- Interim
ENVIRONMENTAL QUALITY Director
October 5, 2018
DWR. #18-1064
Franklin County
Novozymes North:Ameri a; Inca
- - Attn: Steve Stadelman
P.O. Box 77 Perry Chapel Church Road
Franklinton, IVC 27525
Subject: APPROVAL OF 401 WATER, QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS
Novozymes Treatment°Systems
Dear Mr. Stadelman:
You have our. approval for the impacts listed below for the purpose described in your
application.received.by the Division of Water Resources (Division) on August 2, 2018 with
payment received on August 6, 2018 and with additional information received on October 1,
2018. The impacts are,covered by the attached General Water Quality Certification Number
4139 and -the conditions listed below:- This certification is associated with the use of
Nationwide Permit Number. 18 once it is issued to,you by the U.S. Army Corps of Engineers
"(USACE). 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 and the
following additional conditions:
.1., The�following impacts are hereby approved provided that all of the other specific and
genera 1. conditions"of the Certification, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental' impacts.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://poital,nedenr.org/-,veb/tivq!aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (9.19) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Novozymes Treatment Systems
DWR #18-1064
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Treatment Structure
100 (linear feet)
0 (linear feet)
S2 -Treatment Structure
136 (linear feet)
0 (linear feet)
Buffers —Zone 1
B1 -Construction Entrance
0 (square feet)
345 (square feet)
Buffers — Zone 2
B1 -Construction Entrance
0 (square feet)
345 (square feet)
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02B .0267(8)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
4. No Waste Spoil Solids or Fill of Any Kind
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 Pre -Construction Notification. 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. [15A NCAC 02H .0501
and .0502]
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
Novozymes Treatment Systems
DWR #18-1064
401 AND BUFFER APPROVAL'
Page 3 of 4
compliance with 15 NCAC 02.H.0500. [15A NCAC 02H.0506 (b)(2)'and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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 and.
Buffer Authorization'. If you change your project, you'must notify the Division and you may be
required to.'submit,a',newapplication 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
and is responsible for complying with all conditions. '[15A NCAC 02H .0501 and .05021
6. This,approval and its conditions are final and binding unless contested.
This Certification and Buffer Authorization 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). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. 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 8:00arn 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 app.licabl.e OAH filing 'fee: is received by the OAH within five (5)'
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First -Class Mail
.via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road'
Raleigh, NC 27609-6285 -
One (1)'copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Novozymes Treatment Systems
DWR #18-1064
401 AND BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or stephanie.Ross@ncdenr.Rov if you have any questions or
concerns.
ince ely,
Dannv S ith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 files
DWR RRO 401 & Buffer file via Laserfiche
Scott Frederick via e-mail at sifrederick@swerg.com