HomeMy WebLinkAbout20141177 Ver 1_Approval Letter_20150323A np
RCDENR
Attn: Mr. Israel Golasa
P 0 Box 120
Kitty Hawk, NC 27949
Donald R. van der Vaart
Secretary
cubject: Approval of individual 401 Water Quality Certification with Additional Conclitiorm
Dear Mr. Golasa:
Attached hereto is a copy of Certification No. 4018 issued to Mr. Israel Golasa and IG
Holding, LLC, dated March 23, 2015. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can LN
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition fl
an administrative hearing to the Office of Administrative Hearings (hereby known as OA
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling t
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when t
original and one (1) copy along with any applicable OAH filing fee is received in the OAH duri
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding offici
state holidays). 1
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Division of Water Resources —4O1 & Buffer Permitting Unit
1S17 Mail Service Center, Raleigh, North Carolina 27GQA-1G17
Locatiom 512NSaUahuryEt. Raleigh, North Carolina 27O84
Phow810-8O7-63UO\ FAX: 81B-8O7-64B2
|ntemotwmwomwaterqualky,mg
An Equal Opportun4 � Affirmative Action Employer - Made in part by recycled paper
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
IG Holding, LLC
DWR# 15-1177
Individual Certification #4018
Page 2 of 7
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
Please contact Roberto Scheller at 252-948-3940 or roberto.scheller@ncdenr.gov or Jennifer
Burclette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Sincerely,
��n 40n"
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: George Wood, Environmental Professional, Inc., P 0 Box 3368, Kill Devil Hills, NC
27948
USACE Washington Regulatory Field Office
DWR WaRO 401 files
DWR 401 & Buffer Permitting Unit file
Filename: 141177IGHoldings(Dare)_401_IC.docx
IG Holding, LLC
DWR# 15-1177
• "#Aga
ff--�
The State of North Carolina certifies that this activity will not violate the applicable portions •
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Conditions of Certification:
1. Impacts Approved
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)]
Type of Impact
1! Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
414/411 Wetlands
0.272 (acres)
0 (acres)
0=0 q
Page 4 of 7
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 Pre-Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
4. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
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. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 04B.0124 Design Standards in Sensitive Watersheds.
IG Holding, LLC
DWR# 15-1177
Page 5 of 7
i. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that clistu6,
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, recorlp'-
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
http://Portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed 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. [15A
NCAC 02H .0506(b)(3) and (c)(3))
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213.0200]
10. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual
• as not to restrict stream flow • cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
IG Holding, LLC
DWR# 15-1177
Individual Certification #4018
Page 6 of 7
A'7J-r_fAT-dJJ_1YeU rearli s OF OT a size aria ensit to preTenr movement ny
wave action, current action, • stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity • bank stabilization
measures. [15A NCAC 02H .0506(b)(2))
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B.0231]
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. Continuing Compliance
Mr. Israel Golasa and IG Holding, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(4) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B.0200] 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.
Before modifying the Certification, the Division shall notify Mr. Israel Golasa and IG Holding,
LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H
.0504. Any new or revised conditions shall be provided to Mr. Israel Golasa and IG Holding,
LLC in writing, shall be provided to the U.S. 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.
17. The applicant and/or authorized agent shall provide a completed Certificate • Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http://Portal.ncdenroriz/web/wci/swpZws/4011ceg�•• applyLtorms).
[15A NCAC 02H.0502(f)]
ICS Holding, LILC
DWR# 15-1177
Individual Certification #4018
Page 7 of 7
18. This certification grants permission to the director, an authorized representative of the
Director, • DENR staff, upon the presentation • proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless • the expiration date • this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 23rd day of March 2015
�aj� 4:Lse
Karen Higgins, Supervisor
L
ME