HomeMy WebLinkAbout20171523 Ver 1_Approval Letter_20180327March 27, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secrehv:v
LINDA CULPEPPER
Interim Director
DWR # 20171523
Randolph County
Uwharrie Green School Inc.
Attn: Mr. Van Hurley
5326 Highway 220 Business South
Asheboro NC 27205
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Uwharrie Charter Middle School
Dear Mr. Hurley:
You have our approval for the impacts listed below for the purpose described in your application dated November
20, 2017, received by the Division of Water Resources (Division) November 28, 2017, with subsequent information
on December 13, 2017, January 17, 2018, January 22, 2018, February 9, 2018, February 12, 2018, February 27, 2018
and March 8, 2018. These impacts are covered by the attached Water Quality General Certification Number and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is
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 (units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact Area 1
102 (linear feet)
10 (linear feet)
Impact Area 3
47 (linear feet)
10 (linear feet)
404/401 Wetlands
Impact Area 2
0.04 (acres)
0 (acres)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Uwharrie Green Schools Inc.
DWR# 20171523
401 APPROVAL
Page 2 of 4
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. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on
the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities
and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2)
and (c)(2) and 15A NCAC 02H .0507 (c)]
4. The Winston Salem Regional Office shall be notified within 15 days after installation of each of the culverts at
the approved impact areas. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
5. The Division approves the Stormwater Management Plan (SMP) consisting of a level spreader and all
associates stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns
depicted on the submitted reports and drawings, which are incorporated by reference and are enforceable
by the Division. The following conditions also apply [15A NCAC 02H .0506(b)]:
a. The overall built -upon area for the project shall be maintained at or below those identified in the
approved drawings. Any increases in BUA require prior approval from the Division.
b. All drainage discharge outfalls into a stream shall do so at a non-erosive velocity for the 10 year
storm.
c. The approved SMP shall be constructed and operational before any permanent building or other
structure is occupied at the site.
d. The Permittee shall ensure that the level spreader and riprap aprons are maintained and functional
at all time for optimum efficiency including inspections, sediment removal, and repair of eroded
areas.
e. The SMP may not be modified without prior written approval from the Division.
6. The Winston Salem Regional Office shall be notified within 30 days of final completion of the stormwater
management system outlets (level spreaders, riprap outlets, etc). [15A NCAC 02H .0507(c) and 15A NCAC
02H .0502 (e)]
7. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility
lines or other development related activities within this subdivision will require a modification of this 401
Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
Visual monitoring of the unnamed tributary at Impact Area #3 shall be conducted immediately following
installation of the culvert and quarterly thereafter. Monitoring shall occur at least once a year during a rain
event that results in precipitation amounts of % inch or greater. Pictures shall be taken of the stream and
streambank conditions immediately upstream of the impact area and 100 feet downstream of the impact
area during each monitoring event. If visual monitoring indicates that banks of the tributary are exhibiting
erosion or that the channel is significantly flooded during precipitation events, the DWR WSRO shall be
notified in writing.
Uwharrie Green Schools Inc.
DWR# 20171523
401 APPROVAL
Page 3 of 4
9. If monitoring conducted pursuant to Condition #8 indicates that the unnamed tributary is overwhelmed,
unstable, or that the banks of the tributary are unstable, then the Permittee shall conduct a detailed analysis
of the cause and propose a resolution to the DWR WSRO. Upon approval by the DWR WSRO the Permittee
shall implement the resolution accordingly and in a timely manner.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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:Hwww.ncbah.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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Uwharrie Green Schools Inc.
DWR# 20171523
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,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Brad Luckey, Pilot Environmental Inc. (via email)
Andrew Williams, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file