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HomeMy WebLinkAbout20060645 Ver 3_Approval Letter_20120706NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild P E Director July 6 2012 Mr Tom Leap Duke Energy Belews Creek Steam Station 3195 Pine Hall Road Belews Creels NC 27009 9157 Dee Freeman Secretary Re Craig Road 1 andfill Fxpansion Stokes County Belews Lake (030201 22 27 9 (3) C) Division #2006 0645 ver 2 USACE Action ID No SAW 2011 00972 Revised APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Leap Attached hereto is a copy of re issued Certification No 3879 issued to Mr Tom Leap and Duke Energy dated July 6 2012 This approval clarifies conditions previously issued in Certification No 3879 dated January 24 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 Sincerely Charles Wakild P E 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 U S Army Coms of Fngineer-, Raleigh Regidatory Field Office Wilmington Dl-.trlct USACOE Elizabeth Werner Div Of Solid Waste Darren Peine S &ME (via email) Sue Homewood Division Winston Salem Regional Office File Copy Nc In N BU ( rs for M a cr Lompli nee end r ai 11 ne (Weh c pe) Unit it) 3R I- rw Cu1i r R eigh dorm 'If )l 17 i 1GJ0 Ptoi r 1c oft + ?(1 FhX W 011- 11 in in t http /poitat ma 1i orgh ehlw I u An qu �t pl fun ty 1-tif n atu kfi( r F 110 rcr Mr Tom Leap and Duke Energy Pdge 2 of 5 July 6 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION -. issued in conformity with the requirements of Section 401 public Lawc 92 500 and 9:) 217 of the Unitea States ana subject to the North Carolina Division of Water Quality (Division) Regulations in 15 NCAC 2H Section 0500 to Mr Tom Leap and Duke Energy Belews Creek Steam Station to fill impact or otherwise impact 0 75 acres of 404 /wetland and 5 129 linear feet of stream associated with the proposed landfill expansion project at the site which is located within the Roanoke River Basin The site is located off north of the terminus of Pine Hall Road near Belews Creek Stokes County North Carolina, pursuant to an application dated June 9 2011 and received by the Division on June 13 2011 and by Public Notice by the U S Army Corps of Engineers issued on the 23`d day of June of 2011 and received by the Division on June 23 2011 and Public Notice reissued by the U S Army Corps of Engineers issued on the 15d' day of December of 2011 and received by the Division on December 16 2011 dnd additional information ief eived by the Division on August 18 2011 August 26 2011 October 28 2011 November 14 2011 and December 16 2011 and a request for clarification/revision dated March 1 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 Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 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 only valid for the purpose and design submitted in the application materials and as described in the Public Notice If the project 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 Division 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 follow ng mpact. are hereby approi cd a., long as all of tre oche- specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Type of Impact Amount Approved Units Plan Location or Reference 404/Riparian Wetlands 0 75 acres Application and Public Notice Stream (perennial) 5 129 (linear feet) of stream Application and Public Notice 2 Compensatory Mitigation Mitigation must be providcd "or the proposed ir-pact., as spec red n the table belo V `Ile 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 Mr Tom Leap and Duke Energy Page .3 of 5 July 6 2012 Mitigation shall be provided in accordance with the phased mitigation schedule provided below The cost of credits will be the current price at the time of payment not the current price at the time the permit was issued No work on any phase of the project shall begin until the payment for that phase has been ssued to NCEEP The EEp should be contacted at (919) 733 5205 if } ou have any questions concerning payment into a restoration fund For accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement Phase Number Impact Areas Mitigation Required Mitigation Payment Deadline 2 SC8 SC9 SC10 1 106 linear feet 12/31/2012 3 SC7 884 linear feet 12/31/2017 4 SC5 and SC6 1923 linear feet 12/31/2022 6 SCI SC2 SO 699 linear feet 12/31/2032 FGD SF1 SF2 SF3 517 linear feet To be deteririped 3 Final Construction Plans shall be submitted to the Division upon receipt of a landfill permit issued by the Division of Solid Waste and at least 90 days prior to any impacts to jurisdictional waters The Permittee shall submit a permit modification request if jurisdictional impacts increase beyond those approved in this certification as a result of final design and the landfill permitting process no impacts shall occur during the review of any permit modification requests 4 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 and if applicable comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site a 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 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 project b For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual c Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1Q71 d Sufficient materials required for stabilization and/or repair of erosion control measures 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 including incidental impacts 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 statiitet or niles occur Apnroved plans and specifications for this project are incorporated oy refcremx end aic eiiforcuable part, of this pair Mr Tom Leap and Duke Energy Page 4 of 5 July 6 2012 6 Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions to this condition require application submittal to and written approval by the Division of Water Quality If placement of sediment and erosion control devices in wetlands and waters is unavoidable then design a -d placement of temporar) erosion control measures shail rot be conducted in a marner that r-a) result in dis equilibrium of wetlands or stream bens or banks aglacent to or upstream and downstream 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 specific area within project All work in or adjacent to stream waters 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 For the placement or perforated pipes within headwater streams Duke Energy may be exempt from this requirement provided they provide adequate measures to protect downstream waters from sediment loss and comply with the approved Sediment and Erosion Control Plan 8 Mr Tom Leap and Duke Energy Belews Creek Steam Station 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 Tom Leap and Duke Energy Belews Creek Steam Station 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 Tom Leap and Duke Energy Belews Creek Steam Station 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 9 Streams SCI SC5 SC7 SC8 and SC 10 downstream of impact areas shall be visually monitored by Duke Energy for loss of hydrologic function/flow and to determine if the streams continue to provide aquatic life propagation and biological integrity equal to pre impact conditions for each location per required in North Carolina Administrative Code 15A NCAC 2B 0211 (1) Visual monitoring every six inonths for eai.,h streaiii sh th begin at the tirne upstreani ifilpaUs /fill oucuis and shall wntinue until hydrologic function and stability is determined by the Division of Water Quality at least one monitoring event shall be between June and Sentember annually Aiiniial report-, of visual monitoring and photographic documentation that has occurred in the previous twelve months shall be submitted to the Winston Salem Regional Office on June 1 of each year 10 A copy of the surface water monitoring plan as required and approved by the Division of Solid Waste shall be s.ibmitred to the Dr% s on for each phase of the Craig Road Landfill Expan„ on The surface water monitoring plan does not include the visual monitoring required in Condition #9 above Any mudifwaiiuns w apfiioved surface watei monitoring pans shall be submitted to the Division fur the life of the landfill Additional monitoring requirements may be added by the Division upon review of the surface water monitoring plan approved by the Division of Solid Waste Mr Tom Leap and Duke Energy Page 5 of 5 Tula 6 2012 11 All mechanized equipment operated near surface waters should be inspected and maintained often to prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials Concrete is toxic to aquatic life and should not be allowed to come in contact with surface maters anti' cared 12 Sediment and erosion control measures should be installed prior to any land clearing or construction These measures should be routinely inspected and properly maintained Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat suffocation of eggs and clogging of gills of aquatic species 13 This Certification does not relieve the applicant of the responsibility to obtain all other required Federal State or Local approvals 14 Upon completion of alp permitted impacts included witnm the approval ano any subsequent modifications the applicant shall be required to return the certificate of completion attached to the approval One copy of the certificate shall be sent to the Division Central Office in Raleigh at 1650 Mail Service Center Raleigh NC 27699 1650 15 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 This Certification shall expire on the same day as the expiration date of the corresponding 404 Permit The conditions in effect on the date of issuance of Certification shall remain in effect for the life of the project, regardless of the expiration date of this Certification 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 6`h day of July 2012 DIVISION OF WATER QUALITY �WaA-"' t-Icharles 1'�'rl.�i P E a d CWlkahl ym/slh 3879 C.