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Home My WebLink About19990098 Ver 2_Approval Letter_20200526DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Ralph and Barbara Ross 681 Farmland Road Waynesville, NC 28785 NORTH CAROLINA Err0MF1rh#1tf4k� Quarlry May 26, 2020 Haywood County DWR # 1999-0098 V2 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Ross Dairy Dear Mr. and Mrs. Ross: You have our approval for the impacts listed below for the purpose described in your application dated May 7, 2020 and received by the Division of Water Resources (Division) on May 12, 2020. These impacts are covered by the attached Water Quality General Certification Number 4139 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 40 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, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: D_ E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 Ross Dairy DWR# 1999-0098 V2 401 Approval Page 2 of 5 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 Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S 1 148 (feet) 0 (feet) 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/Authorization. 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) and is responsible for complying with all conditions. [I 5A NCAC 02H .0507(d)(2)] 3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. The permittee shall report to the Asheville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000 DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 Ross Dairy DWR# 1999-0098 V2 401 Approval Page 3 of 5 provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 6. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) letter dated May 20, 2020 (attached) to the maximum extent practicable. [15A NCAC 02H .0506 (b)(2)] 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. [15A NCAC 02H .0506 (b)(2)] 8. All temporary impacted areas shall be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank and wetland stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 9. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [I 5A NCAC 02H .0506(b)(2) and (b)(3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 150B 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://www.ncoah.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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000 DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 Mailing address for the OAH: • If sending via US Postal Service: • Office of Administrative Hearings • 6714 Mail Service Center • Raleigh, NC 27699-6714 Ross Dairy DWR# 1999-0098 V2 401 Approval Page 4 of 5 • 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: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or tim.fox(a�ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned byr--��) 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Enclosures: GC 4139 Certificate of Completion NCWRC letter dated 5/20/20 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000 DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 Ross Dairy DWR# 1999-0098 V2 401 Approval Page 5 of 5 cc: David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Hank Ross — Ross Dairy Inc (via email) Sam Bingham — Project Engineer (via email) Tim Garrett — ATAC — NC DSWC (via email) Duane VanHook,- Haywood County Soil & Water Conservation District (via email) John Ottinger, -NRCS (via email) Lynn Sprague — SW NC RC&D (via email) DWR ARO 401 files G:\WR\WQ\Haywood\401s\Non-DOT\Ross Dairy\19990098V2_RossDairyInc_APPRV.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000 DocuSign Envelope ID: 38881587-8B50-4D73-8985-F7AOEOE7D946 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Err0MFIfII&Mkl Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: 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 this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. D— E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000