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Home My WebLink About20120517 Ver 1_Approval Letter_20120711J 14CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakdd P E Governor Director Jai, 11 1 20112 Mr David Gibbons Minkles LLC 400 South Record Street Suite 1250 Dallas TX 75202 Re Electrolux Facility Expansion Henderson County D WQ iPlu 12u51 % U SALE Action 1D No SAW zu 12 00:)18 Ut to French Broad River [040302, 6 (54 5) B] APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Gibbons Attached hereto is a copy of Certification No 3931 issued to Mr David Gibbons and Minkles LLC dated July 11 2012 In addition you should get any other federal state or local permits before you go ahead with your project including (but not limited to) Solid Waste Sediment and Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed regulations If we can be of further assistance do not hesitate to contact us Since y //,e Charles Wakild CW/kah/ym Attachments Certificate of Completion NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 USACE Asheville Regulatory Field Office Kevin Barnett DWQ Asheville Regional Office DLR, Asheville Regional Office Joel Lenk Altamont Environmental Inc 231 Haywood Street Asheville NC 28801 File Copy Filename 20120517EIectroluxFacdrtyExpansion (Henderson)401_[C Vetlands Buffers gtormvatei Comuliancc antl Permitting Unit (We13S( aP t Ib50 Plad Servi Center P leigh Noi i Car I rip 2io99 1650 Phone 919 otli 00 F,0 9 r 80t i 1,i Internet latp (port I n glen o q ebn An Equal npportr nily \Alt unatne Action Fn )l y i Dee Freeman Secretary Mr David Gibbons and Minkles LLC t Page 2 of 5 i„ 1y 11 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 a ~d 15 2" of t`ic U-i cd S a c., and ..bjcc, tG t, "e North Carohnu Dov i. on of Wa c- Q.al `y (DIVQ) Regulations in 15 NCAC 2H Section 0500 to Mr David (ribbons and Minkles LLC who have permission to fill or otherwise impact 0 006 acres of 404 /wetland and 614 linear feet of stream associated with expansion of the Electrolux Facility which is at 1310 Fanning Bridge Road Fletcher Buncombe County North Carolina, pursuant to an application dated April 24 2012 and received by the DWQ on May 17 2012 and by Public Notice issued by the USACE on May 16 2012 and received by the DWQ on May 16 2012 The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North L arolina certifies that this activity will not violate the applicable portions of Sections 3U 1 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the supporting documentation and conditions hereinafter set forth This approval is for the purpose and design submitted in the application materials and as described in the Public Notice If the protect is changed prior to notification a new application for a new Certification is required If the property is sold the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification Any new owner must notify the Division and request the Certification be issued in their name Should wetland or stream fill be requested in the future additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified in writing and a new application for 401 Certification may be required For this approval to be valid compliance with the conditions listed below is required Conditions of Certification 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts to wetlands streams and/or buffers are approved including incidental impacts Type of Impact Amount Approved nits Plan Location or Reference 404/Wetlands — riparian 0 006 (acres) Application and Public Notice Stream 614 (linear feet ) Application and Public Notice Sediment and Erosion Control 2 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most Mr David Gibbons and Mmkles LLC Kip I of 5 MY 11 2012 recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the protect C Si.c cnt itis cr a'. -cqu -cu f;,r stab liza� or anw';,r -cYui of c o. c~ cc-*rot -rca.ure. and stormwater routing and treatment shall be on site at all times 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 404/401 Permit Application 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 4 Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division It placement of sediment and erosion control devices in wetlands and waters is unavoidable design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream of the above structures 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 Land Resources or locally delegated program has released the project Protective Fencing The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer wetland or water prior to any land disturbing activities Continuing Compliance Mr David Gibbons and Minkles LLC 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 law and federal law 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 to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the Certification the Division shall notify Mr David Gibbons and Minkles LLC and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Mr David Gibbons and Minkles LLC in writing shall be provided to the United States 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 protect 7 Mitigation Mitigation must be provided for the proposed impacts as specified in the table below We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been determined by the DIVISION to be a suitable method to meet the mitigation requirement Until the EEP receives and clears your check (made payable to DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 716 1921 if you have any questions concerning payment into a Mr David Gibbons and Minkles LLC Page 4 of 5 id July 1 i 2012 restoration fund You have 60 days from the date of this approval to make this payment For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement fype of impact I Compensatory Mitigation Required j River and Sub basin Number Stream 1614 (linear feet) I French Broad/06010105 8 Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project This General Permit allows stormwater to be discharged during land disturbing wnsauction &,LIVltleS ds Supuidten by i onduiuns in the permit If your proleu is covered oy this permit [applicable to construction protects that disturb one (1) or more acres] full compliance with permit conditions including the sedimentation control plan self monitoring record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at http / /portal ncdenr org /c /document library/get T1e ?uurd= dl5e7ee8 cb50 443f 9dci 049b00I337ac& rg_oupld =38364 Re opener Clause 9 Mr David Gibbons and Mmkles LLC and its authorized agents shall conduct its 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 law and federal law Mr David Gibbons and Minkles LLC shall require its contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification A copy of this Certification shall be included in the construction contract and available on the job site at all times If DWQ 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 DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 02H 0507(d) Before modifying the certification DWQ shall notify Mr David Gibbons and Minkles LLC and the US 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 David Gibbons and Minkles LLC in writing shall be provided to the United States 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 10 Stormwater Management Plan (SMP) Approval From Buncombe County Required You are required to provide one copy of the approved SMP for each phase of this project including plan details on full sized plan sheets with proof of the Buncombe County approval The approved SMP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center Raleigh NC 27699 1650) before any impacts authorized in this certification occur The following requirements also apply a The approved SMP as well as drainage patterns must be maintained in perpetuity Mr David Gibbons and Minkles LLC Page 5 of.) '1-1} 11 2012 The SMP may not be modified without prior written authorization from Buncombe County A copy of the approval letter and the modified SMP must be submitted to the DWQ Webscape Unit prior to the commencement of the modifications I I 1 he DWQ Asheville Regional Office shall be contacted 72 hours prior to start of construction 12 The turbidity standard of 50 NTUs shall not be exceeded 13 Certificate of Completion Upon completion of all work approved within the 401 Water Oualitv Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBS(,aPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Also, 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 If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If modifications are made to an original Certification you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification Unless such demands are made this Certification shall be final and binding This the I Ph day of Jul 7= 12 DIV ON F W TE UALITY Charles Wakild P E 3931 C W/kah/ym t1 A� MCDEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild P E Dee Freeman Governor Director Secretary North Czroli ^a Di s or of Water Qua'i+y 401 Water Quality Certification °4- imar of Per•rit ed impacts and Mi tgati -)r Requ ements In accordance with 15A NCAC 2H 0500 Mr David Gibbons and Mmkles LLC who have permission to fill or otherwise impact 0 006 acres of 404 /wetland and 614 linear feet of stream associated with expansion of the Electrolux Facility which is at 1310 Fanning Bridge Road Fletcher Buncombe County North Carolina All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS COMP"( NSATOR , 41Tf ^r,T ON RE0 WR!., ,,tr vTS F%CSYSTrP, - NtiANTTcrN#rNT PPOf RAM EEP Project Name Electrolux Expansion DWQ PROJECT # 20120517 LOCATION Fletcher COUNTY Henderson BASIN/ SUB BASIN French Broad/06010105 As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R 0503(b) Impacts Mitigation 614 Linear Feet Of Stream 614 Linear Feet Of Stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose this option please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below An invoice for the appropnate amount of payment will be sent to you upon receipt of this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH N C 27699 1652 (919) 716 1921 Filename 20I20517EIectroluxFacilityExpansion (Henderson)401_IC_EEP tNellands Buffers Stormwntei Complaoc Pnnd Permitting Unit tVVPBSCape) 16 0 Mad Service Centc i Raleigh P 11 C I na / o99 Ib`;0 Prone 91080 63001W c 19 80 �c 1 I rteinet http / porn] nrJenr oi,11v bh q t An Equ 1 Oppoituntly Aff imati e r (,uoh L pl y r