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HomeMy WebLinkAbout20190752 Ver 4_Approval Letter_20201002ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Chemours Company Fayetteville Works Facility ATTN: Ms. Christel E. Compton 22828 NC Highway 87 W. Fayetteville, NC 28306-7332 NORTH CAROLINA Environmental Quality October 02, 2020 DWR # 20190752 Ver 4 Bladen County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Chemours — Seep C Flow -through Cell — Pilot Study Project USACE Action ID. No. SAW-2019-00206 Dear Ms. Compton: Attached hereto is a copy of Certification No. WQC004235 issued to Chemours Company, dated October 02, 2020. 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 cmo:. i o.�ro�em or E�.w�����a�:r� /� 919.707.9000 Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 2of7 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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 Paul Wojoski at 919-707-9015 or Paul.Woioski@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSignn�eJd by: �Gi "I W0204" 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Mr. Luke Eggering, PWS, Parsons (via email) Ms. Emily Greer, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA Region 4 (via email) DWR FRO DWR 401 & Buffer Permitting Branch files (Laserfiche) Filename: 20190752v4Chemours_Seep_C_Flow-throughCellPilotStudyProject(Bladen)_401_IC Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004235 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 Chemours Company, who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 6, 2020 and subsequent information received on September 21, September 24, and September 29, 2020, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on September 1, 2020. 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: 1. The following impacts are hereby approved. 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 Seep C — Fill 70 (linear feet) 0 (linear feet) Seep C — Impoundment 260 (linear feet) 1 0 (linear feet) Seep C — Filter Bed Overtopping Level Impoundment 0 (linear feet) 125 (linear feet) Site C Total 330 (linear feet) 125 (liner feet) Wetland Seep C - W1 Direct Fill 0.16 (acres) 0 (acres) Seep C - W1 Impoundment 0.06 (acres) 0 (acres) Seep C — Filter Bed Overtopping Level Impoundment 0 (acres) 0.01 (acres) Seep C - W1 Total 0.22 (acres) 0.01 (acres) ' Permanent impact, not counted as permanent loss for the purposes of mitigation. Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 4 of 7 2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the North Carolina Division of Mitigation Services (DMS) dated September 29, 2020 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 and Sub -basin Number Stream 1 70 (linear feet)' Cape Fear (03030005) 3. This approval is for the purpose and design described in your application and as described in the Public Notice and subsequent Exhibits received by the Division dated "September 2020" (revised) and received by the Division on September 29, 2020. All 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] 4. If the project results in steam loss due to flow reduction or a reduction to wetland area (as defined by the 1987 U.S. Army Corps of Engineers Wetland Manual and confirmed by a Corps representative), the impacts shall be considered permanent and shall require a modification of this Certification. These impacts will be counted cumulatively and mitigation will be required for total project permanent impacts to perennial streams exceeding 300 linear feet, and/or total project permanent impacts to wetlands exceeding one acre [15A NCAC 02H .0506 (b)(6) and 15A NCAC 026 .0211 (1) and (2)] 5. All wetlands, streams, and surface waters 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)] 6. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 2 In accordance with documentation and information provided by the U.S. Army Corps Of Engineers, the impacts authorized by General Certification number 4138 issued to Chemours — Fayetteville Works on October 16, 2019 (DWR # 2019-1146) are counted cumulatively with the impacts authorized by this certification for the purposes of determining mitigation thresholds per 15A NCAC 02H .0506(c) and Session Law 2017-10. Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 5 of 7 7. 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. [15A NCAC 02H .0501 and .0502] 8. If activities must occur during periods of high biological activity (e. g. sea turtle nesting, fish spawning) then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H 0506(b)(2) and15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. 9. 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). Sediment and erosion control measures shall not be installed in wetlands or waters with the exception of turbidity curtains. 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 (DEMLR) has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 10. 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)] 11. 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)] 12. 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] Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 6of7 13. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including the stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 14. 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. 15. 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)] 16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15ANCACO2H .0506(b)(3) and (c)(3)] 17. In accordance with 143-215.85(b), the applicant shall report 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. 18. Chemours Company shall conduct 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 Chemours Company 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 Chemours Company 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. 19. The permittee shall report to the Fayetteville Regional Office at 910-433-3300 (after hours and on weekends call 877-623-6748) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts. [15A NCAC 02B .0200]. 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 Chemours — Seep C Flow -through Cell — Pilot Study Project DWR Project #20190752 Ver 4 Individual Certification #WQC004235 Page 7 of 7 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. 20. 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)] 21. 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] 22. 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. 23. 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. [15A NCAC 02H .0502(e)] 24. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] This the 2nd day of October 2020 [DocuS'gned�/by: �icwG W020 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch PA W WQC004235