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HomeMy WebLinkAbout20011551 Ver 2_Approval Letter_20110426,gr" A D NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 26, 2011 Surry County NCDWQ Project No. 2001-15 51 v.2 NC Granit Quarry APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. William Swift NC Granite Quarry 151 Granite Quarry Trail Mt. Airy, NC 27030 Dear Mr. Swift Dee Freeman Secretary You have our approval, in accordance with the conditions listed below, for the following impacts to facilitate water withdrawal for NC Granit Quarry operations while an existing dam height is lowered in Surry County: Stream Impacts in the Yadkin River Basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) Requiring Mitigation linear ft 1 100 100 0 100 100 0 Total Total Stream Impact for Project: 100 linear feet. The project shall be constructed in accordance with your application dated received April 20, 2011 with additional information dated received April 21, 2011. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3688. This certification corresponds to the Nationwide Permit 33 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Aaturally Condition(s) of Certification: Project Specific Conditions 1. Removal of accumulated sediments shall be deposited in an upland area. Any runoff from that area shall be treated to ensure protection of downstream jurisdictional streams and/or wetlands. 2. The permittee shall take appropriate measures to prevent downstream water quality standard violation during sediment removal and placement of temporary structures. 3. The temporary structures shall be removed and impact areas shall be restored to preconstruction contours within six months post construction. If this is not feasible, the Division shall be contacted to modify the permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Amy Euliss at (336) 771-4959. Sincerely, /A? r l? Coleen H. Sullins Director Cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office Kate Montieth, The Catena Group, 410-13 Millstone Drive, Hillsborough, NC 27278 Ron Linville, NC Wildlife Resources Commission Ian McMillan, Wetlands, 401Unit File Copy NCDWQ Project No.: Applicant: County: Project Name: 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 Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to NCDWQ 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: Date: Agent'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: Date: Engineer's Certification Partial Final 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 Registration No. Date