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
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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
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