HomeMy WebLinkAbout20150539 Ver 4_Approval Letter_20190502ROY COOPER
Governor
MICHAEL S. REGAN,
Secretary
LINDA CULPEPPER
Qtn>ctar
May 2, 2019
NORTH CAROLINA
Environmental Quality
DWR #15-0539 v4
Johnston County
Johnston County Public Utilities
Attn: Rick Hester
207 Ease Johnston Street
Smithfield, NC 27577
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS .
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.-0233) WITH ADDITIONAL CONDITIONS
McGee's Crossroads Sewer Upgrade -Phase 2B
Dear Mr. Hester:
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 15, 2018 with
payment received on August 15, 2018 and additional information received on March 4, 2019.
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 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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .,0506(b)(c)] and15A NCAC
02B.0233(8)]
North Carolina i' epai-tivent of 3.nvir01€riental Quality Div sion of 14'tter Re�crurces
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✓ Rafcirtr itt yiorwl Office ; 3800 BarrMt Drive Raleigh, North Carolina 27609
ncpirc i,M�t ae ervi.o:,mo,n�€ a:,a€,� 939.791.1200
McGee's Crossroads Sewer Upgrade Phase 2B
DWR #15-0539 v4
BUFFER AND 401 APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Land Clearing (Area 1)
0.009 (acres)
0.015 (acres)
W2: Land Clearing (Area 2)
0.021 (acres)
0.025 (acres)
W3: Land Clearing (Area 3)
0.022 (acres)
0.065 (acres)
W4: Land Clearing (Area 3A)
0.025 (acres)
0.020 (acres)
W5: Land Clearing (Area 4)
0.067 (acres)
0.125 (acres)
W6: Land Clearing (Area 5)
0.160 (acres)
0.321 (acres)
Stream
S1: Temporary Dewatering/Excavate (Area AA)
0 (linear feet)
30 (linear feet)
S2: Temporary Dewatering/Excavate (Area A)
0 (linear feet)
30 (linear feet)
S3: Temporary Dewatering/Excavate (Area C)
0 (linear feet)
30 (linear feet)
S4: Temporary Dewatering/Excavate (Area E)
0 (linear feet)
30 (linear feet)
S5: Temporary Dewatering/Excavate (Area G)
0 (linear feet)
30 (linear feet)
Buffers - Zone 1
131: Maintenance Corridor (Area AA)
995 (square feet)
0 (square feet)
62: Temporary Clearing (Area AA)
0 (square feet)
1,674 (square feet)
64: Temporary Clearing (Area 1313)
0 (square feet)
990 (square feet)
135: Maintenance Corridor (Area A)
1,883 (square feet)
0 (square feet)
136: Temporary Clearing (Area A)
0 (square feet)
1,273 (square feet)
137: Maintenance Corridor (Area C)
1,031 (square feet)
0 (square feet)
138: Temporary Clearing (Area C)
0 (square feet)
1,768 (square feet)
139: Maintenance Corridor (Area E)
983 (square feet)
0 (square feet)
B10: Temporary Clearing (Area E)
0 (square feet)
1,823 (square feet)
1311: Maintenance Corridor (Area G)
1,912 (square feet)
0 (square feet)
B12: Temporary Clearing (Area G)
0 (square feet)
1,273 (square feet)
Buffers - Zone 2
61: Maintenance Corridor (Area AA)
1,836 (square feet)
0 (square feet)
62: Temporary Clearing (Area AA)
0 (square feet)
905 (square feet)
133: Maintenance Corridor (Area 1313)
780 (square feet)
0 (square feet)
134: Temporary Clearing (Area BB)
0 (square feet)
1,072 (square feet)
135: Maintenance Corridor (Area A)
1,255 (square feet)
0 (square feet)
66: Temporary Clearing (Area A)
0 (square feet)
850 (square feet)
137: Maintenance Corridor (Area C)
988 (square feet)
0 (square feet)
138: Temporary Clearing (Area C)
0 (square feet)
1,183 (square feet)
139: Maintenance Corridor (Area E)
685 (square feet)
0 (square feet)
1310: Temporary Clearing (Area E)
0 (square feet)
1,216 (square feet)
McGee's Crossroads Sewer Upgrade Phase 2B
DWR #15-0539 v4
BUFFER AND 401 APPROVAL
Page 3 of 5
Type of Impact
Amount Approved
Amount Approved
(units),
(units)
Permanent
Temporary
B11: Maintenance Corridor (Area G)
1,271 (square feet)
0 (square feet)
B12: Temporary Clearing (Area G)
0 (square feet)
849 (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 02H .0506(b)(5)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 0213 .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
compliance with 15 NCAC 02H .0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
McGee's Crossroads Sewer Upgrade Phase 2B
DWR #15-0539 v4
BUFFER AND 401 APPROVAL
Page 4 of 5
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 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
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in 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 maybe 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 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
McGee's Crossroads Sewer Upgrade Phase 2B
DWR #15-0539 v4
BUFFER AND 401 APPROVAL
Page 5 of 5
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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie
Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
OBoliiich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Jamie Guerrero via e-mail at j�uerrero@mra�ta.com