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Home My WebLink About20011551 Ver 4_Approval Letter_20120730EWA �CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary Jul, 30 2012 Mr Carlos GOdd North Carolina Granite Corporation PO Box 151 Mount Airy NC 27030 Re NC Granite Corporation Surry County Ararat River (03 07 03 12 72 (4 5) C) Dfx"STON #2001 1551 z A US ACE A coon TD S A 4XI'011 011765 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Goad Attached hereto is a copy of Certification No 3936 issued to Mr Carlos Goad and the North Carolina Granite Corporation dated July 30 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 Sin ely Charles Wakild P E Attachments Certificate of Completion cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 Michael Wood The Catena Group 410 B Millstone Drive Hillsborough NC 27278 Monte Matthews USACOE Raleigh Regulatory Field Office Wilmington District Amy Euliss DIVISION Winston Salem Regional Office File Copy CW/kah/ae r ename 111551Ver4NC(iraniteQuarry(Surry)401_IC 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 019 -807 63001 FA/ 919 807 6492 \ Customer Service 1 877 623 6748 Internet www ncwaterguality om A Equal opportunity \ AfFrmal ve Action �-mpio} r North Carolina Granite Corporation Page 2 of 5 Tuly 10 2'112 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION ib ibbued in conformity wide the requirements o, Section 401 tunllc Lawb 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (Division) Regulations in 15 NCAC 2H Section 0500 to Mr Carlos Goad and the NC Granrt Corporation to fill impact or otherwise impact 265 linear feet of stream with the installation of three natural channel design structures including a single wing W weir and DD crossvane associated with deflecting river flows to the water intake pipe for operations at the NC Granite Quarry which is located within the Yadkin River Basin The site is located in the Ararat River adjacent to the NC Granite Corporation in Surry County North Carol,ra, pursuant to an apOication dated May 21 2012 and recen ed bN the DIVISION on Mav 25 2012 and by Public Notice by the U S Army Corps of Engineers issued on the 4th day of November of 2011 and additional information received by the DIVISION on June 28 2012 and July 25 2012 Please note the application was originally received on September 26 2011 but was returned for insufficient information on January 31 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 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 DIVISION shall be notified in wnting 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 are met No other impacts are approved including incidental impacts Tvipe of Impact Amount Approved linear feet Type of impact Ararat River 265 Weir cross vein and single wing 2 Installation of the weir crossvein and single wing structures can occur in the flowing stream as long as appropriate measures are taken to prevent downstream water quality standard violations during their placement The side channel shall be visually monitored for two years post construction for loss of hydrologic function/flow and to determine if the streams continue to provide aquatic life propagation and biological integrity per required in North Carolina Administrative Code 15A NCAC 2B 0211 (1) If low flow and/or function are not maintained mitigation for the entire channel will be required North Carolina Granite Corporation Yage S of J TLI.Y - -Q 12 Annual reports of visual monitoring and photographic documentation shall be submitted to the Winston Salem Regional Office two years post construction 4 The weir cross vein and single wing structures shall be visually monitored twice a year for two years LO ibu% 5 abu ty If at any ti—c du -ing ti a* .ycai o- to thc'fat-we d O.e b i u..tL -eb fall tht. NC G "anl c Corporation will be required to repair them Annual reports of visual monitoring and photographic documentation shall be submitted to the Winston Salem Regional Office two years post construction 5 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 6ediment and Arosion 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 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 c 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 d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 6 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 7 Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division If 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 8 The permittee 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 ar ase)-or-th law-is_being_violate"r_thax 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 North Carolina Granite Corporation Page 4 of:) 'tth 30 2012 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 a Scdiri=cr and erosicn control mcas --ez Aould be - -taVed prior o an, land -leap inb or corn't Lct,on Tnese measures shoula 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 10 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 the attached Certificate of Completion to the 401 /Wetlands Unit 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 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 30th of July 2012 DIVOJON O W TFR ITY _.,z Charles Wakild P E CW/kah/ae 3936