HomeMy WebLinkAbout20180612 Ver 2_Approval Letter_20200617DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Western Carolina University
Attn: Joe Walker, P.E.
3476 Old Cullowhee Rd
Cullowhee NC 28723
NORTH CAROLINA
Environmental Quality
June 17, 2020
DWR # 20180612 v2
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Western Carolina University Master Plan Improvements
USACE Action ID. No. SAW-2015-00263
Dear Mr. Walker:
Attached hereto is a copy of Certification No. WQC004170 issued to Mr. Joe Walker and Western
Carolina University, dated June 17, 2020. This Certification replaces the Certification issued on
September 21, 2018. 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 4 of 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
m )ry rN cxl4o:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 2of9
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
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 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have
any questions or concerns.
Sincerely,
DocuSignn�e/d by:
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949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, FWS (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20180612v2WCUMasterPlan(Jackson)_401_IC.docx
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004170 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
to Mr. Joe Walker and Western Carolina University, who have authorization for the impacts listed below,
as described within your modification application received by the N.C. Division of Water Resources
(Division) on January 10, 2020 and subsequent information on March 17, 2020, April 24, 2020, and May 6,
2020, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
February 5, 2020. This modification is being issued to incorporate additional impacts to wetlands and open
waters from additional improvements to the Intramural Fields and for a parking area to serve the
Intramural Fields.
The State of North Carolina certifies that this activity will not violate the applicable portions of 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.
This approval requires you to follow the conditions listed in the Certification below.
Conditions of Certification:
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
Central Drive Lot
500 (linear feet)
0 (linear feet)
404/401 Wetlands
Central Drive Lot
0.293 (acres)
0 (acres)
Intramural Fields
0.44 (acres)
0 (acres)
Open Waters
Intramural Fields
0.47 (acres)
0 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Required
River & Sub -basin Number
Little Tennessee
Stream
500 (linear feet)
LTN02
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 4 of 9
3. The Division approves the Stormwater Management Plan (SMP) for the Central Drive Lot consisting
of a proprietary system, Contech Storm Filters and all associated stormwater conveyances, inlet and
outlet structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The following
conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be 182,737
square feet and the maximum allowable built -upon area within that drainage area shall be
149,076 square feet. Any changes to these allowable maximum areas shall require the
applicant to submit and receive approval from the Division prior to any construction or
modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10-foot wide
area on all sides of the device(s) shall be located in either public rights -of -way, dedicated
common areas or recorded easement areas. The final plats for the project showing such
rights -of -way, common areas and easement areas, shall be in accordance with the approved
plans.
c. The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Joe Walker on August 30, 2018. The O&M
agreement shall transfer with the sale of the land or transfer of ownership/responsibility for
the approved diffuse flow plan. The Division shall be notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
4. The Division approves the Stormwater Management Plan (SMP) for the Intramural Fields Parking
Area consisting of a bioretention cell and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated March 9, 2020,
which are incorporated by reference and are enforceable by the Division.. The following conditions
also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved bioretention cell shall be 88,863
square feet and the maximum allowable built -upon area within that drainage area shall be
51,837 square feet. Any changes to these allowable maximum areas shall require the applicant
to submit and receive approval from the Division prior to any construction or modification of
the current site.
b. All drainage discharge outfalls into buffer area(s) shall do so at a non -erosive velocity to
prevent channelized flow within the buffers.
c. The footprint of all stormwater management device(s) as well as an additional 10-foot wide
area on all sides of the device(s) shall be located in either public rights -of -way, dedicated
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 5 of 9
common areas or recorded easement areas. The final plats for the project showing such rights -
of -way, common areas and easement areas, shall be in accordance with the approved plans.
The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
The SMP may not be modified without prior written authorization from the Division.
Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Curtis Monteith (of WCU) on April 8, 2020. The
O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility
for the approved SMP. The Division shall be notified promptly of every transfer
Upon completion of construction and prior to operation of the approved stormwater control
device(s), a certification from an appropriate designer for the device certifying that it has been
installed in accordance with the approved plans, specifications, and other supporting
documentation, shall be submitted to the Division (C/O Chonticha McDaniel; 1617 Mail Service
Center, Raleigh, NC 27699-1617).
5. To protect rare and listed species in the Tuckasegee River, the erosion control plan shall be designed
in accordance with 15A NCAC 4B .0124, Design Standards in Sensitive watersheds. In addition,
disturbed areas should be seeded, mulched, and/or matted as soon as possible, preferably at the
end of each work day; at a minimum, disturbed areas should be stabilized within five working days
or seven calendar days, whichever is shorter. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125]
6. 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. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
8. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
9. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 6of9
11. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
12. All work in or adjacent to streams 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)]
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .02311
15. If concrete is used during 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. [15A NCAC 02B .0200]
16. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 7 of 9
17. All proposed and approved temporary pipes/culverts/riprap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
18. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
19. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the Permittee shall report to the Asheville Regional Office at 828-
296-4500 (after hours and on weekends call 800-858-0368) any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 8 of 9
23. Mr. Joe Walker and Western Carolina University 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. [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. Joe Walker and Western Carolina University 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. Joe
Walker and Western Carolina University 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.
24. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
25. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
26. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
27. This Certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
28. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 9of9
29. The permittee shall report to the Asheville Regional Office at 828-296-4500 any noncompliance with
this Certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC
02B .02001. 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 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.
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 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 17' day of June 2020
DocuSeign�e/d by:
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949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
SLH
W QC004170