HomeMy WebLinkAbout20090010 Ver 3_Approval Letter_20090909I
North Carolina
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
September 9, 2009
City of Kinston
Mr. Scott A. Stevens, City Manager
207 East King Street
Kinston, NC 20501
DWQ Project # 09-0010 Ver. 3
Lenoir County
Subject Property: Sanderson Farms Feed Mill Sewer Project, Hwy 70 West Industrial Park
Falling Creek, Neuse River Basin
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Stevens:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise temporarily impact 0.032 acres of wetlands, 113 linear feet of
streams and 14,960 square feet (ft) of protected riparian buffers for the purpose of sewer line
construction and pipe burial at the subject property, as described within your application dated
June 25, 2009, and received by the N.C. Division of Water Quality (DWQ) on July 16, 2009.
After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3699 (GC3699). This Certification allows you to use
Nationwide Permit 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 2B .0233. 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.
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 150 linear 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.
North Carolina Division of Water Quality Internet: ,vww.ncwaterquality.orP
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
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NCDENR
Department of Environment and Natural Resources
Division of Water Quality
City of Kinston
Mr. Scott A. Stevens, City Manager ?.
Sanderson Farms Feed Mill Sewer Project
September 9, 2009
Page 2 of 4
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 (Units) Plan Location or Reference
Stream 113 (linear feet) S1, S2
404/CAMA Wetlands 0.032 acres W l, W2
Waters (acres)
Buffers 14,960 (square ft.) Bl, B2
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.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
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
City of Kinston
Mr. Scott A. Stevens, City Manager
Sanderson Farms Feed Mill Sewer Project
September 9, 2009
Page 3 of 4
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. Buffer Impacts
The approved buffer impacts associated with the road crossing equal 2,200 sq. ft
(0.0505 acre). The Neuse Buffer Rule requires buffer mitigation for road crossings
that exceed 150 linear feet or 1/3 acre of buffer impacts. The impact area includes the
area of the footprint of the use and any clearing and grading activities within the
riparian buffer necessary to accommodate the use. The length of buffer impact is
measured parallel to the stream and includes the length of the footprint of the use and
any clearing and grading activities within the riparian buffer necessary to
accommodate the use. If the DWQ determines that the impacts exceed 150 feet or 113
acre to the buffer, then buffer mitigation pursuant to 15A NCAC 02B .0233 will be
required for the entire impact area.
7. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the
stream as identified within 15A NCAC 2B .0233(5)
8. Culvert Installation
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic
life. Design and placement of culverts and other structures including temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ. Installation of
culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
City of Kinston
Mr. Scott A. Stevens, City Manager
Sanderson Farms Feed Mill Sewer Project
September 9, 2009
Page 4 of 4
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
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 Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. 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.
Sincerely,
For Coleen H. Sullins
Enclosures: Certificate of Completion
GC 3699
cc: John Jarrell, III, P.E., City Engineer, City of Kinston
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy