HomeMy WebLinkAbout20190883 Ver 1_Approval Letter_20190912DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
STATE o
NORTH CAROLINA
Environmental Quality
September 12, 2019
DWR # 20190883
Rockingham County
City of Eden
Attn: Terry Shelton, Public Utilities Director
PO Box 70
Eden, NC 27289
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Phase 11 Bridge St Basin Sewer Improvements
Dear Mr. Shelton:
You have our approval for the impacts listed below for the purpose described in your
application dated and received by the Division of Water Resources (Division) June 28, 2019, and
with subsequent information on July 31, 2019, August 19, 2019 and August 27, 2019. These
impacts are covered by the attached Water Quality General Certification Numbers 4133 and
4139 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 12 and 18 once they are 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 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800
DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
City of Eden
DWR# 20190883
401 APPROVAL
Page 2 of 4
Site 11-S1
0 (linear feet)
36 (linear feet)
Site 11-S2
0 (linear feet)
60 (linear feet)
Site 11-S3
0 (linear feet)
102 (linear feet)
Site 11-S4
0 (linear feet)
57 (linear feet)
Site 11-S5
0 (linear feet)
37 (linear feet)
Site 11-S6
0 (linear feet)
35 (linear feet)
Site 11-S7
0 (linear feet)
73 (linear feet)
Site 11-S8
0 (linear feet)
49 (linear feet)
Site 11-S9
0 (linear feet)
35 (linear feet)
Site 11-S10
0 (linear feet)
36 (linear feet)
Site 11-S11
0 (linear feet)
85 (linear feet)
Site 11-S12
0 (linear feet)
42 (linear feet)
Site 11-S13
0 (linear feet)
24 (linear feet)
Site 11-S14
0 (linear feet)
34 (linear feet)
Site 11-S15
34 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 11-W1
0 (acres)
0.01 (acres)
Site 11-W2
0 (acres)
0.20 (acres)
Site 11-W3
0 (acres)
0.02 (acres)
Site 11-W4
0 (acres)
0.02 (acres)
Site 11-W5
0 (acres)
0.02 (acres)
Site 11-W6
0 (acres)
0.01 (acres)
Site 11-W7
0 (acres)
0.01 (acres)
Site 11-W8
0 (acres)
0.004 (acres)
Site 11-W9
0 (acres)
0.002 (acres)
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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The permittee shall report to the Winston Salem Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B
.0200] including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
City of Eden
DWR# 20190883
401APPROVAL
Page 3 of 4
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending 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
DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
City of Eden
DWR# 20190883
401APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4133 / GC 4139
cc: George Lankford, George K Lankford LLC (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file