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HomeMy WebLinkAbout20030130 Ver 2_Approval Letter_20070601O~O~ W AT ~9QG ~ _ i ` --I o `e~ ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 1, 2007 Mr. Tim Knopf Vulcan Materials Company 4401 North Patterson Avenue Winston-Salem, NC 27115 Re: Vulcan Materials: Cabarrus Quarry, Cabarrus County DWQ #20030130, Ver. 2; USACE Action ID. No. SAW-2007-681-313 APPROVAL of 401 Water Quality Certification with Additional Conditions -Revised Dear Mr. Knopf: Attached hereto is a copy of Certification No. 3661 issued to Mr. Tim Knopf and Vulcan Materials Company, dated May 17, 2007. This Certification replaces the Certification issued to you on May 17, 2007. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sin rely, ~~Coleen H. Sullins CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE Alan Johnson, DWQ, Mooresville Regional Office DLR Mooresville Regional Office File Copy Central Files Craig R. Wyant, Carolina Wetland Services, 550 East Westinghouse Boulevard, Charlotte, NC 28273 Filename: 030130Ver2VulcanMaterialsQuarryExp(Cabarrus)401_IC_Revised 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: httg://h2o.enr.state.nc.us/ncwetlands N~ Carolina ~tura!!y An Equal OpportunitylAffinnativeRction Employer- 50% Recycled/10% Post Consumer Paper Mr. Tim Knopf and Vulcan Materials Company Page 2 of 5 June 1, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION 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 15 NCAC 2H, Section .0500 to Mr. Tim Knopf and Vulcan Materials Company, to fill or otherwise impact 0.49 acres of 404/wetland and 15921inear feet of stream (2441inear feet of intermittent stream with important aquatic function and 13481inear feet of intermittent stream lacking important aquatic function) to facilitate the expansion of the Vulcan Materials Cabarrus Quarry, which is located off Poplar Tent Road at Concord, Cabarrus County, North Carolina, pursuant to an application dated January 4, 2007 and received by the DWQ on March 23, 2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 23rd day of March of 2007 (received by DWQ on March 23, 2007). The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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 A roved Units Plan Location or Reference 404/Wetland 0.49 acres A lication and Public Notice Stream -intermittent with im octant a uatic function 244 (linear feet) Application and Public Notice Stream -intermittent lacking im octant a uatic function 1348 (linear feet) Application and Public Notice Mr. Tim Knopf and Vulcan Materials Company Page 3 of 5 June 1, 2007 Sediment and Erosion Control: 2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. 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 404/401 Permit Application. 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. 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. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing Compliance: 6. Mr. Tim Knopf and Vulcan Materials Company shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Tim Knopf and Vulcan Materials Company, Mr. Tim Knopf and Vulcan Materials Company Page 4 of 5 June 1, 2007 and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Tim Knopf and Vulcan Materials Company in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Miti ag tion: 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Re uired River and Sub-basin Number Stream 244 linear feet) Yadkin/03040105 8. Construction Stormwater Permit NCGO10000 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 (NCGO10000) administered by DWQ 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 construction 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 penrnit and monitoring report forms may be found at http: //h2o. enr, state. nc. us/su/Forms Documents. htm. ; 9. No stormwater runoff from the quarry operating area is to be discharged into any stream. 10. 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 Mr. Tim Knopf and Vulcan Materials Company Page 5 of 5 June 1, 2007 Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. 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. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 1 S` day of June 07 DI ~ ION F W ~~'E QUALITY Coleen H. Sullins 3661 CHS/cbk/ijm Michael F. Easley, Governor of W A rF9 O`er p ~ ~~ I..J~+i~',~ ~ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Q is and M tgation Requirements Summary of Permitted Imp 15A NCAC 2H.0500, Mr. Tim Knopf and Vulcan Materials CompanyCity of Winston-Salem 'on as outlined below to fill or otherwise impa~t0 .49 acres of 404/wetland and 1592 linear eeat o In accordance with uatic function and 1348 linear feet of interm ttent have permissi ortan q stream (244 linear feet of intermittent streatmo fachlitate the expansion of the Vulcan Materials Cabarrus u D'> im ortant aquatic function) North Carolina. All activities associated with stream lacking p which is located off Poplar Tent Road at Concord, Cabarrus Coun , dim acts must be conducted with the conditi ATTACH1MENTSached Permit transmittal letter. these authorize p THIS CERTIFICATION IS NOT VALID WITHOUT TH OSYSTEM ENHANCEMENT PROGRAM COMPENSATORY MITIGATION ~QIJIREMENTS, EC DWQ PROJECT #: 20030130, Ver. 2 LOCATION: Near Concord COUNTY Cabarrus BASIN/ SUB BASIN Yadkin/03040105 NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for As required by 15A iti able impacts through the restoration, creatduct n hany act vitie P hat impact or degrade the w ters of the above m g rior to con g waters and riparian buffers as outlined below p the state. Y ram must be te: Acreage requirements proposed to be mitigated through the Ecos stem Enhancement Prog No carter acre increments and linear foot requirements must be rounded up to the nearest rounded to one-q foot according to 15 2R.0503(b). - + Im acts 244 Linear feet of Stream 244 Linear feet of Stream g a ent of ensatory mitigation requirement is throu h the p yin tions you have available to satisfy the comp p lease sign this form and One of the op er NCAC 2R.0503. If you choose this o tion, p of our 401 Certification or Buffer Approval to the Ecosystem Enhancement a fee to the Wetlands Restoration Fund p ent will be sent to you upon receipt mail the form along with a copy Y ro riate amount of paym Program at the address below. An invoice for the app p OCESSED BY THE ECOSYTEM ENHANCMENT PLEASE NOTE, THE ABOVE IMPACTS A R NOT AUTHORIZED UNTIL YOU RECEIV of this form. NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROGRAM Date Signature ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C.27699-1652 (919) 733-5205 Ex Cabarrus)<101_IC_EEP Filename: 030130Ver2VulcanMaterialsQuarry p( 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250> Raleigh, North Carolina 27604 Phone (919) 733-178 nc ate g9uality3org 893 intemet: httP:NwwH'• n......,.,.,nr Paner