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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