HomeMy WebLinkAbout20051071 Ver 3_Approval Letter_20151104North /-ar[>UMa Department {)fEMuirC}nMnenta� Quality
Flat McCrory
Govei nor
R/S/H Home Appliances Corporation
Attn: Mr. Timothy [.Harvey
190I Main Street, Ste OOO
Irvine, [A926l4
Donald van der Vood
Secretary
Subject: Approval ofIndividual 401 Water Quality Certification with Additional Conditions
8/S/H Home Appliances Logistics Center
USACE Action ID. No. SAW--2006-41372-125
Dear Mr. Harvey:
Attached hereto is 3 copy ofCertification No. 3670 issued to Mc Timothy C. Harvey and 8/5/H
Horne Appliances Corporation, dated November 4, 2015. This Certification replaces the
Certification issued on August 22,2007 that has expired. 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 be
contested as provided in Articles 3 and 4OfGeneral Statute 15OBbvfiling a written petition for @n
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 hi�tr): ocoah,coni/or by calling the OAH
Clerk's Office at (9I9) 431-3000 for information. A petition is considered filed when the original
and one /I\ copy along with any applicable DAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5:00prn, excluding official state
The petition may be faxed to the OAH at (919)431-510O, 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,
Division of Water Rescxumes-401&Buffe�Pen"niftingUnit
1017 Mail Service Ca/e[ Raleigh, North Carolina 27O891G17
Locafion�512N Salisbury S\ Raleigh, North Carolina Z004
Phone: Q1B �807 -630 \ FAX � 919807-6482
|nfenet�wwwocwa�equality,oy
Mailing address for the OAH:
If sending via UJ Postal Service:
Office Of Administrative Hearings
67l4 Mail Service Center
Raleigh, N[27599-67l4
B/S/H Home Appliances Corporation
DVVR#O5-lO7lv3
Individual Certification #3670
Page 2 of 7
If sending via delivery service (UPS,FedEx,etc):
Office Uf Administrative Hearings
l7II New Hope Church Road
Raleigh, N[37G0B-6385
One (1) copy of the petition must also be served to DENR:
3urn M. Hayes, General Counsel
Department o1 Environmental Quality
16O1 Mail Service Center
Raleigh, N[27699-I6Ol
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and I5A NCA[ 02H O500. Contact Anthony Scarbraugh at 252-948-3924 Or
Gnt�iUny.5C@r[,)raug�)(�i)PCdenr.gOv Or Jennifer 8U[clette at 919-807-6364 Or
iennifer. bur dett2@Occlen[gOvif you have any questions Orconcerns.
cc: Robert M Chiles, Robert M. Chiles, PE, PO Box 349G, New Bern, N[28564
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRVVaR[)4Olfile
DVVR4OI8' Buffer Permitting Unit file
Filename: 05107lv3BSHHomeApplianceLogisticsCenter(Craven)_401_IC—Reauth.docx
B/S/H Home Appliances Corporation
Individual Certification #3670
Page 3ot7
CERTIFICATION #3670 is issued in conformity with the requirements of Section 401, Public Laws
92-5OO and 95-3l7of the United States and subject tO North Carolina's Regulations iD15N[AC
02H .0500, to Mr. Timothy C. Harvey and B/S/H Home Appliances Corporation, who have
authorization for the impacts listed below, a5 described within your application received b«the
N.C. Division of Water Resources (Division) On October 8, 2015, and by Public Notice issued by the
U.S. Army Corps of Engineers and received hy the Division on April 2,2OI5.
The State of North Carolina certifies that this activity will not violate the applicable portions Of
Sections 8OI,3O2,SO3,3O6,3O7Of the Public Laws 92-5OO and PL95-2l7if conducted iD
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions OfCertification:
l. 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. |l5AN[ACOZH.05O6/b\&/c\]
Type of Impact
404/401 Wetlands
Site I
2. Compensatory Mitigation
Amount Approved Amount Approved (units)
(units) Temporary
Permanent
| I.O2(acre) | O(8cre)
Mitigation must be provided for the combined proposed impacts (1.02 acres 404 wetland) and
previously approved impacts (045 acre of 404 wetland) as specified in the table b2|Ovv.[I5A
Compensatory
River and
Mitigation Required
Sub-basin
Number
Neusp/
-'
404 Wetlands 1.47 (acres)
` '
08030202
A receipt from the NC Ecosystem Enhancement PrOgnsrn (currently the Division of Mitigation
Services) dated October 9, 2008 indicates that 2.04 acres of 404 non-riparian wetland
mitigation credit have been purchased for the project.
B/S/H Home Appliances Corporation
DWR# 05-1071 v3
Individual Certification #3670
Page 4 of 7
3. Stormwater Management Plan
You are required to provide one Copy of the stonnvv@ter rnan8g2nn2nt plan /5K4P\ approval
letter from the Division Of En2rgy, Mining and Land Resources (DEK4LR) 1O the DVVR 40I /&
Buffer Permitting Unit /1bI7 Mail Service Center, Raleigh, N[ 27699-l6I7\ before any impacts
authorized in this certification occur. The project rnVSt be constructed and maintained in
compliance with the approved SMP. After the approval letter is submitted to the Division, the
SMP may not be modified without prior written authorization from OEMLR. If the SK4P is
modified in the future, then you 5h8U provide an approval letter for the modifications to the
OVVR 40I 8, Buffer Permitting Unit prior to the commencement of the modifications. [15A
4. 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 NCA[ OJH .0501 and .0502l
5. 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. |f applicable, the project rnustconnp|yvviththeSpecificc0nditiOnS
and requirements Of the NPDES Construction StOrrnvvater Permit issued to the site and the
following requirements [15AN[A[07H .0505(b)(3) and (c)(3\l:
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 Monuol. The
devices shall be maintained on all construction Sites, borrow sites, and waste pile
/SpOi|\ projects, including contractor-owned or leased borrow pits associated with the
project.
L 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 Monuol.
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 Ofl971.
d. Sufficient rnatehG|5 required for stabilization and/0r repair oferosion control
measures and stormwater routing and treatment shall be on site at all times.
B/S/H Home Appliances Corporation
DWR# 05-1071 v3
Individual Certification #3670
Page 5of7
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. |f placement of sediment and erosion control devices in wetlands and waters iS
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent toOr upstream and downstream 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 Energy, Mineral and Land Resources (DE&4LR) or locally
delegated program has released the specific area within the project. [15AN[A[02H .0501
7. Construction Stormwater Permit NCGO10000
An NPDESConstruCtinn 5tonnvvaterP2nmit is required for construction projects that disturb
one /I\Ormore acres 0fland. This Permit allows st0rn0vvatertObe 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 8'
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements i3required. A copy ofthe general permit (NCGOI0DOO),
inspection log sheets, and other information may be found at:
h portal. nCdenr O q/wS/Su/nr)d2Ssvv#Lab-Vv. I5A N[A[02H D506(b)/5\ and
8. 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 N[ Sediment and Erosion Control Manual, or the N[ DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used tO minimize excavation iD flowing water. |I5A
9. If concrete i3 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 nf the state
due tO the potential for elevated pH and possible aquatic life/fish kills. [15AN[A[02B.0200]
10. A one-time application Vf fertilizer k] re-establish vegetation is aUOmxsd 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. [I5ANCA[03BD231]
11. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, Or Local approvals.
B/S/H Home Appliances Corporation
DVVR#05-l07l0
Individual Certification #3670
Page 6 of 7
12. Continuing Compliance
Mr. Timothy [. Harvey and A/S/A Home Appliances Corporation 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 and Federal law. [I5ANCA[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. Timothy C.
Harvey and A/S/H Home Appliances Corporation and the U.S. Army Corps of Engineers, provide
public notice in accordance with l5ANCA[02H.O5O3 and provide opportunity for public
hearing in accordance with 15AN[A[U2H.O5O4. Any new or revised conditions shall be
provided to Mr. Timothy C. Harvey and B/S/H Home Appliances Corporation 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
13. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. |f you change your project, yournustnotif«
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property iS sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [l5ANCA[O2H.O5Dland
14. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the UVVR4Ol & Buffer Permitting Unit within ten days 0f project COrnp|2tion (available
@t: portal nC�enr� q�wc�S�OI���S � [I5AN(�
�
15. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [I5ANCA[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 of the expiration date of this Certification. [I5A NCA[ 02H .0507/d\(2) and 25A N[A[
02H .0506]
8/3/H Home Appliances Corporation
DVVR#O5-107lv3
Individual Certification #367O
Page 7of7
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 4th day of November 2015
�
Karen Higgins, Supervisor
~
4OI& Buffer Permitting Unit