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HomeMy WebLinkAbout20090266 Ver 6_Previous Permits_20190703Attachment B Previous Permits Greenville Utilities K) Box 1847 u?l Mumford R.I. Greenville, NC: 27835.184't W%%'W.Lur.c01n Your Local Advantage woo 1�9 May 11, 2012 Ms. Emily Jernigan US Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 Re: Greenville Utilities Commission RWPS - 404 Permit Certification Form Dear Ms. Jernigan: Please find enclosed a signed copy of the information you requested. If you have any questions or need additional information, please contact me at (252) 551-1561. Sincerely, xPe4", M41 15 Ricky G. Langley, Superintendent Water Treatment Plant RGUh Enclosures cc: Mr. Randall D. Emory,*P.E., Director of Water Resources Mr. D. Anthony Whitehead, Water Quality Manager Mr. David W. Springer, P.E., Water Resources Plants Engineer Mr. Ryan Sprowl, P.E., Brown & Caldwell Mr. Roberto Scheller, NCDENR Action ID Number: 20OS40541 County: It Permittee: Rickey Langley/Greenville Utilities Commission Date Verification Issued: May 28, 2009 Project Manager. Josh Pelletier Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1000 WASHINGTON, NORTH CAROLINA 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fall to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signof P 'ttee Dat Regulatory Division Action ID SAW -2009-00541 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 November 29, 2011 Mr. Randall D. Emory Director of Water Resources Greenville Utilities Commission Post Office Box 1847 Greenville, North Carolina 27835-1847 Dear Mr. Emory: Please reference the Department of the Army (DA) permit issued to Greenville Utilities on May. 28,.2009; for the installation of raw water intake structures within the Tar River, located at the Greenville Utilities Water Treatment Plant, off -Old River Road, in Greenville, Pitt County, North Carolina. This correspondence also confirms our receipt of the request submitted on your behalf by Mr. Fred Royal of Brown and Caldwell to modify the subject DA permit to allow for an additional 0.06 acres of impacts to navigable waters of the United States via the placement of open -cell, articulated matting and the placement of "Iowa" training veins within the Tar River designed to stabilize the riverbank within the subject permit project area. The permit is hereby modified to include the work as described above including the following special conditions: a. All work authorized by this modification, in addition to all applicable Federal, State and local conditions, must be performed in strict compliance with the attached plans, which are now part of the original DA permit. b. The stabilization zone and associated articulated matting shall not exceed 170 linear feet in length (0.05 acres) along the banks of the Tar River, and shall be placed, and must remain within, the originally permitted project area. c. In -water work will include the placement of an additional 35 linear feet of training veins, and their associated sediment accumulation zone totaling 0.01 acres. 75 d. No work may be undertaken associated with this permit modification during the period of February 15 through September 30 of any year relating to the North Carolina Wildlife Resource Commission's Inland Nursery Area moratorium. e. Immediately after completion of this project modification, the Permittee shall contact the Ms. Emily Jernigan of the Washington Regulatory Field Office, telephone (910) 2514567, to schedule a compliance inspection. Due to the fact that the original DA permit would expire prior to the end of the subject Inland Nursery Area Moratorium, this correspondence also serves to extend the permit expiration date to December 31, 2012. It is understood that all conditions of the original permit remain applicable and in full force. If the permitted work is not completed on or before the date herein specified, the authorization, if not previously revoked or specifically further extended, will cease and become null and void. Thank you for your time and cooperation. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hiT:- ://rec �latory .usacesurvev .com/. If you have any questions, please contact Ms. Jernigan of my Washington Regulatory Field Office staff, telephone (910) 251-4567. Enclosures Sincerely, David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office 2 Copies Furnished: Mr. Fred Royal Brown and Caldwell 5410 Trinity Road Palisades II, Suite 320 Raleigh, North Carolina 27607 Mr. Kenneth Bruce Brown and Caldwell 5410 Trinity Road Palisades II, Suite 320 Raleigh, North Carolina 27607 Mrs. Maria T. Dunn North Carolina Wildlife Resource Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. Roberto Scheller Division of Water Quality North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, North Carolina 27889 3 :.r (MaNnal Dimension) r �r --rtr •ter-1r•-1r---t . f/ f ! f B. ft i e r �r ;tr yr tir �r �rm .BrB■�r 0 ReMMENT CABLE lr sr 11 rr ). r ' ■ . ■ . ■ . ■ . r . i REVETMENTri~M�rrra�� ifi~rr arm REVEMENT WASHER r. 's. r.■! r. r re��rer.�Y.��r.r -1�. �� a�=-�� •mss`---i i-. 0 C3 C3 0 C3 C3 jj � yr- ��r-•ter--ter �.r -� ■� r . . ..r ■ C3■ ■ f■1 ■ i■1 . ■:....COD ... . rer.0rrr,,rrr�r -�r yr hr-�r--rtr 1r 'IrBr rer r�. rea .®r it er�■Br�fe■ 0 PLAN TMCAL—AMORFM MAT NOT M SCALE REVETMENT REVETMENT HER liRl>tr1R1f l l�t�>�ARGI l.1wl�/I�I,113R11•IR/•� 1.1�:�'r 1RAfV ■1Rl1�IRl,i ■II F-T l x'.11■■II 1- L <ill■■R' 1I ?II■■IGaal!>.III■11 =1 1011 1 Ilml [JO I■ REMVEWTMENT 7 CABLE SUEEVE ARMOR= . STANDARD DETAIL (Sftndad Mu •._, Ca ��V.*?V.-ru RCDEhIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves.Perdue Governor Coleen N. Sullins Director November 22, 2011 Greenville Utilities Commission (GUC) I &. Randall D. Emory, P.E. Post Office Box 1847 Greenville, NC 27835 Dee Freeman Secretary DWQ Project # 09-0266 Ver. 4 Pitt County Subject Property: GUC Raw Water Intake Tar River, Tar Pamlico Basip, 030305, 28-(91.5), NSW, WS -IV, CA PermitModifkadon to 401 Water Quality Certification and Authorization Certificate per the Tar -Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions Dear I & Emory: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 170 linear feet (67,000 fl2 of articulated matting of which 22,000 W below 0.0 elevation) of stream by placement of articulated matting for bank stabilization, install 22 Iowa Vanes, and install 170 linear feet of 24" A -Jacks at toe of matting as described in your permit modification request. As per your modification request dated November7, 2011 and received in this Office on November 16, 2011, the previously requested riprap has been replaced with articulated matting. Please note that there is an in -stream work moratorium for this project that states "No in water work shall occur from February 15 - September 30 of any year". This permit modification supersedes all other certifications issued for this project. Impacts for this project are covered by General Water Quality Certification Number(s) 3819 (GC3819). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213.0259. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non -discharge regulations. 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 or CAMA Permit. North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 lntemet yww.acwatesgualiEy.ora Phone. 252-946-6481 FAX 252-946-9215 An Equal Opportunity/Aflirmlive Adon Empbyar — 50% Recyded/10% Post Consumer Paper WATER Page 2 of 4 This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 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: Amount Approved nits`, Plan Location or Reference Stream (feet) v a 4041CAMA Wetlands acres Waters 0.50 acres Project#134891 Buffers 45,000 (square ft.) Zone I " 2. Erosion & Sediment Control Practices 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 or fill of any kind shall occur in wetlands, waters, or riparian areas the impacts depicted in the Pre -Construction Notification. All including the design, installation, operation, and maintenance of Page 3 of 4 sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699- 1650. 6. Monitoring The area of vane placement shall be monitored once per year for the period of 3 years. Monitoring shall consist of two (2) cross section profiles of the Tar River, from bank to bank, within the area of the scour and proposed vanes. Iron pins shall be set on the banks to mark the locations of cross sections. A site map of cross section locations and cross section profile of existing condition is required to be sent to DWQ in the Washington Regional Office for approval before monitoring begins. In the event that vanes destabilize or over scour the river bed the permittee shall meet with DWQ staff to discuss removal or modification of vanes. 7. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8. The permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. 9. All constructed stormwater conveyance outlets shall 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 as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen (and phosphorus if in the Tar -Pamlico River Basin). This may require additional approval from this Office. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 Page 4 of 4 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar -Pamlico riparian buffer protection rule as described within ISA NCAC 2B .0259. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. Sincere] or Coleen H. u ins L' Enclosures: Certificate of Completion GC 3819 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit WRC, WaRO DLR, WaRO File copy Kenneth Bruce, Brown and Caldwell 5410 Trinity Road, Suite 302, Raleigh, NC 27607 File: 09-0266 Ver.4 m"A HCDEHR North Carolina Department of Environment and Natural Resources Division of Water ouality Beverly Eaves Perdue Coleen H. Sullins Governor Director DWQ Project No.: _ County: Applicant; Project Name: Date of Issuance of 401 Water Quality Certification: Dee Freeman Secretary Certificate of Cam ip etion 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature:_ Date:__ Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial. compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 401 OversighUFxpress Review Permitting Uniti�7On..e�t, 1650 Mal Service Center, Raleigh, North Carolina 27699-1650 tv Ol I.LiCaroHna Location: 2321 Crabtree Blvd., Raleoh, North Carolina 27604 iT flrf��`f/ Phone: 919-733-17861 FAX:919-7336893 K f�6 i/ tntemet httplAQo.enr.state.nc.usincwelandsl Water Quality Certification No. 3819 Water Quality Certification Number 3819 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 15A NCAC 2H, Section .0500 and 15A-NCAC 28 .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix (B)-(12) and Nationwide Permit No. 47 of the Corps of Engineers regulations including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B.0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 K conducted in accordance with the conditions hereinafter set forth. Permanent impacts to any wetlands and/or waters, including streams, under this General Certification requires application to, and approval from, the Division of Water Quality (the "Division"). I Temporary impacts covered by this General Certification do not require written approval from the Division as long as they comply with the Conditions listed below. Written approval is required if the mainteriance corridor is greater than 15 feet wide. Gas pipelines may have a maintenance corridor wider than fifteen feet if mitigation is provided for these additional wetland fills. If any of these Conditions cannot be met, or if the activities are associated with, or in response to a Notice of Violation or an enforcement action initiated by the Division of . Water Quality or the Division of land Resources, then written approval from the Division is required to use this Certification. Activities that are located within river basins with Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the Table of Uses as "EXEMPT". In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for written approval for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Conditions of Certification: 1. No Impacts Beyond Thresholds that Qualify for this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the thresholds established for use of this Certification, including incidental impacts. 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. 2. Standard Erosion and Sediment Control Practices 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: Water Quality Certification No. 3819 1 Water Quality Certification No. 3819 a. 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. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNA's), Trout (Tr), SA, WS -I, WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion control requirements. No Sediment and Erosion Control Measures in Wetlands or Waters r Sediment and erosion control measures should not be placed in wetlands or waters without approval by the Division.. If placement of sediment and erosion control devices in wetlands and water; 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. 4. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by the Division is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities'as stipulated by conditions in the permit. If your project is covered by this permit [applicable to constriction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at htti3.,A2o.enr.state.nc.uslsulForms Documents.htm. 5. Construction Moratoriums and Coordination All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Water Quality Certification No. 3819 Water Quality Certification No. 3819 6. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. 7. Riparian Area Protection (Buffer) Rule Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, Catawba, Randleman, and Jordan (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250, .0243, and .0267, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 8. Water Supply Watershed Buffers The 30 -foot wide vegetative buffer (low-density development) or the 100 -foot wide (high- density development) must be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through .0215). 9. Any rip rap required for normal pipe burial and stabilization shall be buried such that the original stream elevation is restored and maintained. 10. Compensatory Mitigation In accordance with 15A NCAC 2H .0506 (h), Compensatory mitigation may be required for losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Compensatory stream mitigation shall be required at a 1;1 ratio for all perennial and intermittent stream impacts. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "Allowable with Mitigation" within the "Table of Uses" section -of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by the Division for any application for this Certification. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for written Division approval as required in those protocols. Alternatively, the Division will accept payment into an in -lieu fee program or credit purchase from a mitigation bank. Finally, the mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the public. Proof of payment to an in -lieu fee program or mitigation bank must be provided to the Division to satisfy this requirement. Water Quality Certification No. 3819 3 Water Quality Certification -No. 3819 11. For all activities requiring re -alignment of streams, a stream relocation plan must be included for written Division approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabllization shall be limited to native woody species, and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage. Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as compensatory mitigation for the impacts resulting from the relocation. 12. For sewer lines, the edge of the construction corridor shall not be installed parallel to and closer than 10 feet from top of bank to a stream except for the following classifications; 50 feet to waters classified as WS (except WS -1V or WSAV , 8, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands; or 100 feet to private or public water supply sources or waters classified as WS -1 waters or Class I or Class II impounded reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(f). Utility lines shall not cross a stream channel at other than a near -perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank). 13. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed either a) with no joints connected within the footprint of a stream channel or within two (2) feet of the stream banks in the case of plastic or PVC pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval from DWQ is required. 14. If concrete Is used during the construction, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic lifetfish kills. 15. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict accordance with product labeling. 18. Placement of rip -rap shall be restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip -rap shall only be used below the normal high water level. The stream berm must be restored to the original contour after construction. Placement of rip -rap or other materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the crossing. 17. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue are prohibited. 18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to no closer than 10 feet (3 meters) from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations.. Water Quality Certification No. 3819 Water Quality Certification No. 3819 19. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width'in wetlands and across stream channels and must be minimized to the maximum extent practicable. 20. Permanent, maintained access corridors shall be restricted to the minimum width' practicable and shall not exceed 15 feet in width except at manhole locations. A 15 -foot by 15 -foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart. - 21. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are -directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: a) Minimum cement content. sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water -cement ratio gallons per sack 6.8 d) Slump range 2" to 4" e) Minimum strength - 28 day psi 2,500 22. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. 23. If an environmental document is required under NEPA or SEPA, then this General Certification is, not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. . 25. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or local approvals. 26. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 27. This General Certification shall expire three (3) years from the date of issuance of the written approval letter or on the same day as the expiration date of the corresponding Nationwide Permit 12 or Nationwide Permit 47. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then the General Certification shall also remain in effect without requiring re-application and re -approval to use this Certification for the specific impacts already approved. Water Quality Certification No. 3819 Water Quality Certification No. 3819 28. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2010 DIVISION OF WATER QUALITY By Coleen H. Sullins Director History Note: Water Quality General Certification (WQC) Number 3619 issued on March 19, 2010 replaces WQC Number 3699 issued on November 1, 2007, WQC Number 3625 issued on March 19, 2007, WQC Number 3374 issued on March 18, 2002, WQC Number 3288 issued on June 1, 2000, WQC Number 3101 issued on February 11, 1997, WQC Number 3022 issued on September 6, 1995 and WQC Number 2664 issued on January 21, 1992. This General Certification is rescinded when the Corps of Engineers reauthorizes Nationwide 12 or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3819 U.S. ARMY CORPS OF ENGINEERS WUAWOTON DISTRICT Action ID. 200610356_ County: Pitt USGS Quad: Gov lle NW GENERAL PERMIT (REGIONAL AND NATIONWIDL) VERIFICATION Property Owner / Authorized Agent± Mr. I1`21ng GG Address: Green lie'U Unties tnmission Post Office Hoz 1,547 Greenville, North rarellna 2,7_$35-1847 Telephone No.: 2a) 7524166 Site and location of property (water body, road name/number, town, etc.). Troieet is located at the water intake s o M ou the Tar River oft NCS1 1 lei west of the Pitt Onam the Airport is Greenville. Pit G=tr, be removed. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) W Section to (Rivers and Harbors Act, 33 USC 403) Authorization: Regional ReneW Permit Number Nationwide Permit Number:W#3 Your work is authorized by the above reli meed permit provided It is accomplished In strict accordance with the attached conditions azul your submittod plans. Any violation of the attached conditions or deviation from your submitted plans may subject the ermittee to a stop work order, a restoration order and/or appropriate legal. action. This varificsaon will remain valid until the expiration date ideatifled below unless the nationwide authorization is modified, suspended or revolted. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all tegtiirerrents of the modified nationwide permit. if the oatlonwide permit authorization expires or is suspended, (evoked, or is modif14 such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (Le., ars under construction) or aro under contract to commence in Reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the data of the nationwide permit's expiration. modification or revocation, unlace discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittm of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tracey L. Wheeler (252) 975-1616 ex 24. Corps Regulatory Official Date: 1213 Expiration Date of Verification: 03/187007 Page 1 of t Determination of Jurisdiction: ® Based on prelimt=y blonaadon, there appear to be waters of the US including wadands within the above described prnjoaa, This preliminary determination is ad an appealable action under the Regulatory Program Admariahadve Appeal Process ( Reference 33 CFRPar031) t ❑ There are Navigable Waters of the United States within the above described project arca nNect to the pamit requkenmoof Section 10 of the Rivera and Harbors Act and Seeder 404 of the Clean Water Act Unless there is a changa is the law or our published regulations, this detmadinadon may be relied upon for a period not to exceed Sve years from the date of this notificatiom. ❑ Thace ams waters of the US and/or wedamb within the above desixrbed project area subject to the permit requireamm of SIWM 404 of the Clean Water Art (CWAX33 USC f 13443. Unless there is a change in the law or our published regulations, this datertaiwion may be relied upon for a period not to exceed live years fram the date of this notificatfan. ❑ The jurisdictional Grass within the above described project area have been identified under a previous ati= Please rc6erwoce jurisdictional determination tamued . Acton ID Basis of 1mudwhonat Detctannation: M maWpf r jLWts an Ordig_arg,M Water Maroc as indicated by rhMes to anL Date02Q SURVEY PLATS, FMD SKF= WB7 AND DELDTEATION FORMS, PROJBG'P PLANS, BTC., MUST BE ATTACHED TO THE PME COPY OF TATS FORM, IF REQUMM OR AVAILABLE. Copy Furnished: Page 2 of 2 Action ID Number:20061056 Permittee: City of Gree^aville Date Permit issued: 12130/2 00 Project Manager? Iftli County:, i� tt Upon completion of the activity authorized by this permit and any ffddpdon required by the permit, sign this certification and return it to the following address: , US ARMY CORPS OF ENGNEERS WELMMGTON DISTRICT WASHiNGTONREGULATORY FIELD OFFICE Post Office Box 1000 Washington, North Carolina 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S, Army Corps of Engineers representative. Yf you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accord wice with the permit conditions. -ZZ 4 Signature ermittee Date JURISDICTIONAL DETERMINATION Revised M3164 U.S. Army Corps of Bnghwers DLSTRICT OFFICE: CESAW RfI-W PILE NUMBM 200610356 PROJRCT LOCATION EMRKA77ON: State: Nath Carolina County: Pitt Center eowdinatea o,foke (latitnsddlongitade} 35.635894 :77.401244 Approximate size of ares (parvol) reviewed, including uplands: acres. Name of nearest waterway. TAr River Name ofwatershc& 7WPamUco JURISDICTIONAL DET$RMI NATIO14 Completed: Desktop determination Me: 12=005 Site vidt(s) Date(s). Jurisdictional Deterndnatlon (JD): ® Preliminary JD - Baud on availsbie iaformaton, a duns appear to be (or) ❑ there gppaar to be no Nvaters of the United Stapes' and/ar "navigable waters of the Urhited StaW on the project site. A prelirnineryJD Is not appealable (Reference 33 CFR pert 331). Q Approved JD—An approved ID is= appealable action (Ro6muce 33 CFR pat331). Check all that apply: E17%ens art ` nevigabie waters of the United States" (as defined by 33 CPR part 329 and associated guidance) within the reviewed acne Approximate size of joriididianal are: M Tlterr ar* "tacos of cher United States" (ea defend by33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of juriadietinnd Wea: M Th" ars /rvlatsef, +eoiwtattaUk k im-tAW waters or wetlandd' withfa the reviewed area. Q Decision supported by S WANCCJMigrstory Bird Rule information SbW fotDetermination of a Jurisdiction. BASIS orim ISDICTiONAL DErzRK[KATION: A. Waters defined under M CFR part 329 as "aavigabla waters of the United States": (J The presence of waters that are subject to the ebb std flow of the tide and/or are presently used, or have been used in the past or may be susceptible for an ULMMM interstate or tbreign conmerce. B. Waters defined under 33 CFR part 32U(s) as "waters of ft United States": (I) 7lhe presence odwaters, which we currently used, or were used in the past, or may be susceptible to use in interstate or foreign awnrnence, including all waters which areaub�act to the ebb and flow of the tide. [ (2) The praahcx of interstate waters including interitote vretlaad: . [] (3) The presence of other waterer such as intrastate lake% rivers, sheeuas (mcluding intermittent itreams slougba, prairie potholes, wet meadows, playa lakes, or naturd ponds, the use, de )' ' �B' wetlands, degradation or deseructiaa of which could affect interstate com marc including any such waters (check all that apply): ❑ (i) which aha or could be used by interstate or foreign travelers fbr recreational or other purposes. ❑ (li) from which fish or shellfish arc or could be taken and sold in interstate or foreign commerce. ❑ (iii) which are or could be used for industrial purposes by industries in interstaw commerce. (4) hnpoundenents.of waters otherwise defined as waters of the US. (5) The presence ofs. tributary to a water identified in (1) — (4) above. Q (6) the presence of territorial sees. [l (7) Tice presence ofwetlands adjaccre to other waters of the US, except for those wcthards adjacent to other-wetbmdi. Rationale for the Basis of Jurisdictional Datermlantlen (applies to any boxes checked above)6 If theJur bdictionat water or wetland rs not ttssff a navigable water of the United State; describe connection(k) to the downstream nawlgabie waters 4j3(1) orR13) is awed as the8wls of iw isdiction, document navrgabllfty and/or Intestate commerce connection (Le., discum arse condhiow,, InaWdirg why the i►aterbody 1s nandgable andlorhow the destruction ofthe warsrbody world affect interstate orjore ign commerce). Jf 8(2 4, J or d) is used as the Basis of Jaddsdicilon, document the rationale asedto snake the determination. IfB(7) Is tared ar the Bards ofJurdsdidion, doaament die rationale weed to make adjacency determination: Lateral patent ofJurlsdictlow (Refferenae: 33 CFR pests 328 end 329) ® Mdhiwy High Weber Mark indicated by: IS Hi h Tide Line indicated by: clear, natural Ifo intprmad on the bank ad or scum line aRong Mora objects fire presence of litter and debris fine sbell or debris deposits (t'oraaibore) obsops irj•the clunotar of soil act u physical marklaprharosistiw destruction of tenial vegetation ❑ tidal gegen sbalviag ❑ other: Mann HIO Water Mask indicated by: ❑ survey to amlable dakm © physical maddgA © vegetstion lineefdange s in vaptatiori types. Wetland bo6darics, as shown an the alta 1 wetland delineation nap srWar fn a delineation report prepared by: Bast ForNotAsserdagJoubilladons E4 rhe reviewed area consists entirely of etphuds. 2-11 Unable to confirm den presence of waters in 33 CFR part 328(axt, 2. or 4.7). a' Hadquaroa s declined to approve Jurisdiction on the basis of 33 CFR part 32.8.3(&)(3). The Cops hid made a ase-� 4stermiandon that the fbllowing waters preaextt on the site ars not Wates of the United Soares: [3 Waste treatment systema fnanffin8 trestrnent ponds or tsgoons, pursuant to 33 CFR part 32L3. ❑ Artificially irrigated vena which would revertto uplend ifthe irrigation eased. ❑ Artificial lakes and ponds crested by excavating and/or ffi ftdry land to collect and retain warn and which are used atclusively far such purposes as dockwale ft iniptioey settling bads, or time growing. ❑ Artificial ref etimg or swimming pools of other small ornamental bodies of water crated by arcaysding and/or dildng dry bald to retain water for primarily aesthetic re a so= ❑ Water -filled depressions created in dry land incidents] to construction, activity and pits excavated in dry land far due purpose of obtaining 511, sand, or gravel te*= and until the eaastnmaon or scour tion operation is abandoned end the scanting body of waw. meet, the definition of Watters of the United States food at 33 CFA 328.3(a). Isolated, hasattate wetland With aro nasus to' eousnarce. Prior converted cropland, as detmrured by the Natural Resources Conseevetion Sexviea. Pacpleia radionela: ❑ Non-ddat diabur or irrigation ditchaa excavated on airy land. Sxplsin rationale: ❑ Odw (expkb* DATA REVISW&D FOR JURSIDIMONAL DETERMINATION (mark all that apply)s Maps, plans, plots or plat submitted by or an bebalfofthe applicant Data sheep preparsd/atbmitted by or an bdWof the applfaru. ❑ This office cancers with rite delineation report, dated . pi ew by (company} ❑ This office does not concur with rho deliandon report, dated . prepz by(companyY Dena shcate prepared by the Corps. Carps' navigable waters' stuffe,s V.S. Geological Survey Hydrologic Atlee U.S. Gsologial Survey 7.5 Minute Topographic mepx U.S. Geological Survey 7.5 Minute Historic quadrangles: U.S. tiealoglal Survey I5 Minate historic quadrs4er. USDA Natural Reeourraes Conaervatian Service Soil Survey: National Welk,* inventory taa>tps: SteteMocal wetland inventory mops: . FEMAM M amps (Map Name & Date): 100 -year Floodplain Elevation is: (NGYD) Aerial Photogopla (Norma & Deft): Otherphotogrelft (DoeY Advanced Identification Wetland mapr. ® Site visiddetemiinatiar conducted ern Appliabidmpporting cue IoW: 91 Odor information (plan speciM: Wetlimda arc Wenaibed and delineated using the methods and criteria established in chs Crops Welland Delineation Manual (87 Manual) (ere., oeoxecee of hydropbytic ve8etstion, hydric soils and wenand hydrolog)9. 3Tm tum "adjwmt" mcm bordair,& contiguous, or nefahborin$. Wetlands separated from other waters of the IAS. by man -math dikes ser barrios. nawral river hr", beach dunes, and alae like are afro adjacent. '-, ;'� . �- GREENVILLE UTILITIES COMMISSION P. O. Box 1847 ■ GRErNVILLz, K Q 27834 September 3, 1980 District Engineer U.S. Army. Engineer District, Div. Attns Construction Operations P.O. Sox 1890 Wilmington, N. C. 28401 QRei SAWCO80-X;074-b00066 Gentlemen: TELEPRowle 762-7166 We are forwarding herewith two (2) executed copies of a permit to construct a raw_ water intake and pump,i,nq station on the Tar River at the site of our ptaPose�-wate`r filtration plant. We understand U that when executed by your office the original copy will be re- turned to us. Thank you. for your cooperation. Sincerely, Charles 01H. Horne, Jr. Director of Utilities COIHHjrjjv Enclosures CCS: Mr. Wadie Lewis, GUC OXsen Associates, Raleigh r Application No. SAWCO G -N"074-000066 Nome of Applicant Greenville Utilities_ emission^, Effective Date ___(Sea Page 4) Expiration Date (If applicable) 31 De embe 1 8 DEPARTMENT OF THE ARMY iy— PERMIT Referring to written Mqueat dated 6 Deeember 1979 for a permit to; 00 Perform work in or affecting novigobie waters of the United Stolei, upon rhe recommendation of the Chief of Engineers, puisuent to Section 10 of the Rivers and Harbors Act of March 3, 1888 133 U.S.C. 4071; (go Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Arnry acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act 788 Stat. 816, P.L. 02.500); f 1 Transport dredged material for the purpose of dumping it into ocean waters Upon the hsuance of a Permit from the Secretary of the L a. —, Army acting through the Chief of Engineers pursuant to Section 103 of the Matins Protection, Research and Sonetuarla Act of 1872 186 Stat. 1052; P.L. 82.632): Greenville Utilities Commission . Po Box 1847 �= Greenville, KC 21834 Is hrruby outhurised by the Secretory or the Almy: to ' construct a raw water intake and pumping station In Greenville x at Pitt County, North Carolina in arcordonce with the pions and drawings attached hereto which are Incorporated In said made a part of this permit (on drawinea; give rild number or other definite identification marks.) subject to the rotluwina conditions: t. General Cenditionr. ' a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this pormil!/end that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspeeniori or revocation of this permit, in whole or in pan, As set forth more specifically in General �^ Conditions i rex k hereto, and in the institution of such legal proceedings as the United States Government may consider apprcoriste. whether or not this permit has bean previously modified, suspended or revoked in whole or In part. QNG FORM 1721 aDltrtON Of 1 APR 74 IS OBSOLETE. t JUL 77 IEA 1146.2.3031 1 EZI= r b, That sU aetivjtres authorised herein shall, 11 they involve, during their construction or operation, any discharge of pollutants Into waters of the Untied States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices establWood pursuant to the Federal Water Potluilon Control Act of 1972 IP.L, 92.500; 08 Stat. 8101, the Marine Protection, Research and Sanctuaries Acs of 1972 (P.L.92432, 85 Suit. 10521, or pursuant to applicable State and local law. C. That wheA the activity sushorized herein involves s discharge during its construction or operation, of any pollutant fincludins dredged or fill malarial), into waters of the United Stns, the authorized activity shelf. If epplicabta water quality standards see revised or modified during the term of this permit, be modified. If necessary, to conform with such revised or modified voter quality standards within 6 month of ohs effective date of any revision or modification of water quality standards, or as directed by an implementat on pion contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Hell,". Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the discharge veil not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. " e. That the permittee agrees to make every reasonable effort to pro to the cohevu-clion or Operation of the work authorised herein in a manner so as to minimise any adverse impact an fish. wildlife, and naturalenvironmental ohm. 1, That the permittee agrees thathawill prosecute the construction or work authorised herein in a manner to as to minimise any degradation of voter quality. g. That the permittee shell permit Ute District Engineer or his authorized ropresentative(s) or designee(si to nuke periodic Inspections at any term deemed nazessary in order to entire that the activity being performed under authority of this permit (s in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorised herein In good condition and In accordance with the plans and drawings attached hereto. 1. That this permit don not convey any property rights. either In real estate or material, or any exclusio privileges; and that It don not authorize any injury to property or invasion of rights or any In fringement of finlowel. State, or local laws or regulations nor does It obviate the requirertnent to obtain Sate or local went raprod by law for the activity authorized herein. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receiptby the permittee of a written notice thereof which shall indicate (11 thei extent of the suspension. (2) -the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate Imminent hazards to the general public Interest. The permittee shall take immediate action to comply with the provisions of this notice. Within an days following receipt of this notice of suspension, the permittee may request a hearing In order to present fnformadon relevant to it Wclocert as to whether his permit should be reinstated, modified ter revokad. If a hearing is requested, it shell JA conducted pursuant to procedures prescribed by the Chief of Engineers. At* completion of the hoorkM or within a iwsonohie time after Issuance of the suspension notice to the permtuie if no hearing is requested, the permit will either be reinstated, modified or revoked. It. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there hes been a violation of any of tie terms or conditions of this permit or that such action would otherwise be in the public Interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same union (1) within the 30 -they period the parmittee is able to satisfactorily demonetrale thgt (al the aileged vik0atlon of tate tome and'the conditions of this permit did not, in fact, occur or lb) the alleged violation was accidental, and the permittee hes been operating in Compliance with the terms and conditions of the permit and is able to provede satisfactory assurances that future operations shell be In full compliance with the terms and conditions of this permit; or 121 within the oforesild 30-dey period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final docieion either to modify, suspend or revoke this permit in whole or in pert shell be pursuant to procedures prescribed by the Chief of Engineers, 1. That in issuing this permit. the Government has relied on the Information and data which the parmittee ha provided In ceennlctlon with his permit application. If, subsequent to the issuance of this permit, such information and dace prove to be false, incomplete or - inaccurate, this pgrmit may be modified, suspended or revoked. in whole or to port, and/or the Government may. in addition, Institute appropriate tegal piciceedings. m. That arty modification, suspension, or revocation of this permit shall net be the basis for any claim tor demages against the United Suites, , n, That the permittee shelf notify the District Engineer at what time the activity authorised herein will be commenced, as for in advance of the time of commencement as the District Engineer may specify, and of any suspension of worst, it for a period of more than one week, resumption'ol work and Its completion. i Z �• o. That if the activity authorized herein is not started on or before 19 day oders A r, 19 R7_ (one Veer from the date of issuance of this permit unless otherwise specified) and it not complated on or before 21-1 dey of 111:rwnhsr. .19 143 (three Veen from the date of issuance of this permit untm otherwise specified) this permit, If �-- not previously revoked or specifically extended, shell automatically expire. ~ p. That this permit does not authorise or approve the construction of particular structures, the authorltation or approval of which may requirs authorisation by the Congress or other agencies of this Federal Government. q. That if and when the parmItca desires to abandon the activity suthorised heroin, unhp such abandonment is part of a transfer procedure by which the permittee It transferring his interasts herein to a third party purstient to Central Condition t hereof, he mutt rastrm the ares to Is condition satisfactory to the District Ehgineer, r. That if the recording of this permit is'possibie under applicable State or local law. the permittee shall take such action as may be nacestary to record this permit wish the Register 40 Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. �+— s. That there shell be no unreasonable interference with navigation by the existence or use of the activity authorised heroin. L That this permit may not be transferred to a third party without prior written notice to the District Erginter, either by the irenstarea't written agreement to cor IV with sit terms and conditions of this permit or by the transferee subscribing to thisprmit In the spats provided Inlow and thereby agreeing to comply with all terms and conditions of this permit. In addition. if the permittee transfers the enteretts aulhoruted herein bN conveyance of realty, the cited shag reference this permit and the terms and conditions speeufued herein and this permit shell be recorded along with the dead with, the Register of Deeds or ether appropriate official. if. Special Conditions. (Here Irtt Conditions relating specifically to the proposed structure or work authorized by this permiti: 1. In order to protect anadromous fish resources no excavation and/or fill activities will be accomplisbed waterward of the normal nater level elevation of the Tar River between the slates of I March through 31 May of any year with- out the prior approval of the IIS Fish and Wildlife. Service and the Corps of Engineers. 2. The proposed p:lmp station will be located entirely on high ground and its construction will not involve the placement of fill in any wetlands. 3. The preconstruction grade of all wetlands crossed by the permitted pipelines F, will be restored upon project compleeion. All excess material will be, removed to a high ground disposal site. i F~ 3 tr .- t The following Special Conditions mill be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing orproposed Federal project and that the permittee shag not tet entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States In the public (merest. b. That no attempt shall be made by the psrmittaa to prevent the full and Into use by the public of all navigable waters at or adjacent to the activity authorised by this permit. a. That it the display of fightYand Signals on any structure or work authorised heroin is not, otherwise provided for by law, such f lliku and szgnali as may be prescribed by the United States Coast Guard shag be Installed and maintained by and at the expense of the perm.ttee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its exptrstlon before completion of the authorized structure or work, shall, without expense to the United States ind to such time and manner as the Secretary of the Army or his authorized mptsuntaiive may direct, .restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or he authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise. and recover the cost thereof from the permittee. e. Structures for Small Soret: That permitme hereby recognizes thepossibility that the structure permitted herein may be subject so damage by wave wash from passing vessels. The issuance of this permit don not relieve the permittee from taking all proper steps to insure the lntagrny of the structure permitted herein and the safety of boas moored thereto from damage by waw wash end dee permittee shall not hold the United States liable for any such damage. r.. MAINTENANCE DREDGING: a. That when the work authorized heroin Includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise Indicated). b. That the permittee will advise the District Engineer in writing at best two weeks before he Intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be corned out In conformity•with the goals and objectives of the EPA Guidelines established pursuant to Section 4041b) of the FWPCA and published in 40 CFF1230, b. That the discharge will consist of suitable material free from toxic )sollutants in other than trees quantities: I— a. _t. That the till created by the discharge will be properly maintained to prevent eroslon and other non -point sources of pollution: and d. That the discharge will not occur In a component of the National Wild and Scenic River Syetem or in a component of a State wad and scenic river system. Ir DUMPING OF DREOGEO MATERIAL INTO OCEAN WATER& a. Thew the dumping will be carried out M conformity with the Scale, obleetives,.and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1872, published in 40 CFR 220-22L b. Thai the permittee shall place a copy of this permit in a conspicuous piece in the vessel to be used for the tnntportation and/or dumping of the dredged material as authorized herein. This permit shalt become effective on the date of the District Engineer's Signature. Permittee hereby accepts and agrees to comply with the tarns and conditions of this permit GRBSNVIL UTILITIESISSIO � Y �� •wax t= i ,/ S..✓"h. _ CJ — Z — %O PERMITTEE DATE BY AUTHORITY OF TiiTI�METARY OF THE ARMY. DISTRICT ENGINEER, U.S. ARMY. CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE F DATE 4 e V. a.00YMINKNT FlrIMTING OFFICE' 1940-484.404 3.1 1— NORTH CAROLINA GREENVILLE d..,{f // e~ a .� • %'^ ,+' f . , [ au i Lus PROJECT LOCATION a y M7 G-91PIMLE 4f ff IS Jr w � r e � 1 4 In k �• e i ..�• �M I � AY w 1. •r �'�r . ���' ' PROPOSED RAW WATER INTAKE a AND PUMPING .-STATION L✓. VICINITY MAP �' � ON THE TAR RIVER AT THE PROPOSED GREENVILLE WATER FILTRATION PLANT 2000 loco o 2000' ....-... ' . 4 GREENVILLE, N.C. PITT COUNTY SCALE IN FEET ; APPLICATION BY GREENVILLE UTILITIES COMMISSION fix,• t"-�`� ``�� "'' OLSEEN ASSOCIATES. INC. RALSIGH. N. C. r .: SHEET 1 QF:3 01TE 12.o./79 TION w �c Pt.aM P CA '.,_ . �v o, rap 5LDG. 04409 r a" -7.v 13r. r / �oJ FILL 5ELcas r1 W L 12^ SQN l� 1 ! LIN. . SECTION° %D ,r �---� f o I a to e4 43 f t 1 IIJTAKf., I f a I Q r~ I HORIZONTAL ao so Zo w o o PROPOSED RAW WATER INTAKE VERTICAL AND PUMPING STATION20 1 I r f r 1S 10 5 O 20 SCALE IN FEET ON THE TAR RIVERa I ! AT THE PROPOSED GREENVILLE WATER :6 J' 1 1 FILTRATION PLANT • U I GREENVILLE, N.C. PITT COUNTY I 1 • . - APPLICATION BY GREENVILLE { UTILITIES COMMISSION KEVI*7-, 1 -m -e o OLSEN ASSOCIATES. INC. RALEIGH. N. C. SHEET 2 OF 3 DATE 12/4o'79 �: r+.- � - -. J .... •-- • . y ..,: r"'r"'.'�-"'�.. •'.., may.. ..�- �-�_ .� _. _�. { • .. - \ { 1 I t \ I 1 � It II QIt�ell 1 I I t WATER t PUMP STATION • V i 5 i r es.. T- ----------- EF { Sur -cc TC Tw�t� 1r71 pA1 N.{.w Nw rU r.. .r. tw w{i••. r... t;...r r. t - -3 . f.., 2 �l .i, Ltrviwb Was (1RedQ •• dCKT a►+J►t. � w .� 27 wiftm Y IAOi+IScwiW Z.K. itr!� r fwiw,. I 'I G.tirtaTr 6MV4 Le"'Eeia14 L1.STISV4 1't = Qw% Z1/Riaa/Qlti 9&.rt vc&04 v e. t Z- IS 7L Scwwsm CS*ewa Axmo-.. �� M�fO1rOL1v1.Pr SG. Cawj—§DWJL SIVMLAPPM 14 �irR3lY Of�Qa Of MATtrt.. • i 4- r'rterr.A�s Aril ESssi iea5•wn.ttssSTtcr.. e s tt • 040gr DTT rr, MO i► M A i K! A,D rChEDlitE � rOt rCs4L Trtf DAANrrG 706EqANGCi {r.atiiitrAirlirwitnt • • F`Z G ili /rytiatLR•'Y.rai[tiiai•aIviw�•i:RfEiG�iTl.a` Johnson nrMlerrW:95 LLIrfTLR! DEG<irL.GET VJbi Sk Paul,MVii$f►LACE!YLR1e is r"crl 1 arauL.ee ! 1 s• O}aw a.tis,e I:.. reeiwrrir -alert J WP' }� w.. �.;1 ills f.•1r {iM MAL..\.A ..1..1 ..).. 1.1 .Ari... M .Arai. .r..r. ... 1� '!.►'Iw ui. �,•• f1,q.Y....Y/i./..ta�,.i M/.a .A. it .a A.Y.lal......ANa•M • �• Na.,..axa.a...:u.......etr w...aw.a.....�►..\r..r �. t. �/it � ... / . . .. ... �• I?ion �41 4 3 i 2 I l[ •= y Ploy COOPER t4ORTH CAROLINA III.III+LHAEL I !l AN UN€ A aXPEPPER h""tR DbWrtrr' August 16, 2018 DWR # 09-0266 VS PITT County Greenville Utilities Commission Attn: Mr. Julius Patrick PO Box 1847 Greenville, NC 27835 Subject: APPROVAL OF 401 WATER QUALITY CER71FICATION WITH ADDITIONAL CONDITIONS GUC Raw Water Intake Maintenance Dredging Dear Mr. Patrick: You have our approval for the impacts listed below for the purpose described in your application dated July 27, 2018 and received by the Division of Water Resources (Division) on July 31, 2,018. 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 3 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(s) or general permit 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]j Type of Impact Amount 1 Approved (units) Permanent _Waters OW -1 (Culvert and Fill for } Road Crossing DC -1) 0.28 (acres) Amount Approved Plan location/ (units) Reference Temporary Attached 0 (acres) Drawing Number 010-C-03 North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 9,57-946-6491 GUC DWR# 09-0266 VS 401 APPROVAL Page 2 of 3 2. 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. 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 028.0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4132. [15A NCAC 028.0507(c)] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 028.0211 Fresh Surface Water Quality Standards for Class C Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.0 and 9.0 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 50 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 028.0211] 5. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] 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. 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 028.0507(d)(2)] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 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 htt: 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 8:00am and 5:00pm, excluding official state holidays). D E mss, North Carolina Department of F.nviroen=tsl Quality IDivision of Water Resources - Washington Regional ofric�e 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 GUC DWR# 09-0266 V5 401 APPROVAL Page 3 of 3 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbrauehtancdenra^o, if you have any questions or concerns. Sincerely, 8044 T"lw,r( Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4132 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO DWR WaRO 401 File Laserfiche North Carolina Department of Environmental Owlity Pivision of Water Resources - Washington Regional Office 943 Washington Square Mail, Washington, Nortb Carolina 27889 252-946.6481 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW 2018-01462 County: Pitt U.S.G.S. Quad: Greenville NW GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Greenville Utilities Commission C/O J. Scott Farmer, PE Address: 801 Mumford Road Greenville, North Carolina 27834 Telephone Number: (252) 551-1529 Size (acres) 45.4 acres Nearest Waterway Tar River USGS HUC 03020103 Nearest Town Greenville River Basin Lower Tar Coordinates Latitude: 35.635894 Longitude: -77.401244 Location description: Proiect site is located at the Greenville Utilities Commission Raw Water Intake Facility, adiacent to the Tar River, off NC Highway 33 and Old River Road, near the City of Greenville, in Pitt Countv. North Carolina. Description of projects area and activity: Removal of accumulated sediment in front of existing intake screens and restore to original operational capacity. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 - Maintenance. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated July 11, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 252-946-6481) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, North Carolina at 252-946-6481. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Raleigh W. Bland. PWS at 910-251-4564. BLAND .RALEIGH.Cors Regulatory Ofcial:w2s.so Date: August 20, 2018 Expiration Date of Verification: March 18, 2022 Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued July 29, 2016. Action ID: SAW -2016-01379. Basis For Determination: The Tar River is a TNW and has been historically utilized for interstate commerce and also exhibits an OHWM. Remarks: Permits for Periodic maintenance of the intake screens has been issued previously. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room l OMI 5 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: N/ The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htip://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: CC: CESAW-RG-WBland Action ID Number: SAW 2018-01462 County: Pitt Permittee: Greenville Utilities Commission Project Name: Raw Water Intake Facility Screen Maintenance Date Verification Issued: August 20, 2018 Project Manager: Raleigh W. Bland, PWS Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Raleigh W. Bland, PWS Washington Regulatory Field Office 2407 W. 5a' Street Washington, North Carolina 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SECTION I - I -lie fol ]owing identifies your rights and options regarding an administrative appeai of the above decision. Additional information may be found at or Coll)s regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF .,,.11DMINISTR,kTIN:E APPEAL OrHONS AN[z PROCESS ANL REQt. FST FOR APPEAL A vlicant: Greenville Utilities Commission File Number: SAW 2018-01462 1 Date: August 20 2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard_ Permit or Letter ofpermission) B ❑ PERMIT DENIAL C Ell APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - I -lie fol ]owing identifies your rights and options regarding an administrative appeai of the above decision. Additional information may be found at or Coll)s regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Raleigh W. Bland, PWS CESAD-PDO Washington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 2407 W. 51 Street 60 Forsyth Street, Room 1OM15 Washington, North Carolina 27889 Atlanta, Georgia 30303-8801 Phone: (910) 251-4564 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investivation, and will have the opportunitV to participate in all site invest* ations. Date: Telephone number: Signature of 41)1)ellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Raleigh W. Bland, PWS, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137