HomeMy WebLinkAbout20011551 Ver 5_Approval Letter_20130219RrNEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 19, 2013
DWQ #: 01 -1551 v. 5
Surry County
The North Caroline Granite Corporation
Attn: Mr. Carlos Goad
PO Box 151
Mount Airy, NC 27030
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions —
MODIFICATION
North Carolina Granite Corporation
USACE Action ID. No. SAW- 2011 -01765
Dear Mr. Carlos Goad:
Attached hereto is a copy of Certification No. 3936 issued to Mr. Carlos Goad and The North
Caroline Granite Corporation, dated February 11, 2013. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited
to) NPDES Stormwater Permit, Solid Waste, Sediment and Erosion Control, Dam Safety, Non -
discharge and Water Supply Watershed regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit C
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1V U Car011ria
Location 512 N. Salisbury St Raleigh, North Carolina 27604 1� Niatmally
Phone, 919 -807 -63001 FAX- 919807 -64941 Customer Service: 1-877-623-6748
Internet- www nwraterquality.org
The North Carolina Granite Corporation
Page 2 of 5
February 19, 2013
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, (via electronic
copy)
Michael Wood, The Catena Group, Inc. (via electronic copy)
Division of Water Quality, Winston -Salem Regional Office
File Copy
Filename: 011551v4NorthCaroilinaGraniteCorporation (Surry)401 IC.docx
The North Carolina Granite Corporation
Page 3 of 5
February 19, 2013
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North .Carolina Division of Water Quality
(Division) Regulations in 15 NCAC 02H .0500, to Mr. Carlos Goad and the North Carolina Granite
Quarry, who have authorization to place fill within or otherwise impact an additional 0.014 acres
of open water, as described within your application received by the N.C. Division of Water Quality
(Division) on February 1, 2013.
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 for the purpose and design that you described in your application and as
described in the Public Notice. If you change your project, you must notify us and you may be
required to send us 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
conditions. Any new owner must notify the Division and request the Certification be issued in
their name. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
Conditions of Certification:
1. All of the authorized activities and conditions in the 401 Water Quality Certification issued
on July 30, 2012 are hereby incorporated into this Certification unless otherwise specified
below.
2. Additional Impacts Approved
The following additional 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 are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Open Water
0.014 (acres)
Application
3. All work in or adjacent to waters shall be conducted so that the flowing water 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.
The North Carolina Granite Corporation
Page 4 of 5
February 19, 2013
4. 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.
5. 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 waters until cured.
6. This condition replaces Condition #8 in the July 30, 2012 401 Water Quality Certification:
Continuing Compliance
Mr. Carlos Goad and the North Carolina Granite Quarry 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 02H .0507(d). Before modifying the Certification, the Division shall notify Mr.
Carlos Goad and the North Carolina Granite Quarry and the U.S. 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. Carlos Goad and the North Carolina Granite Quarry in writing, shall be
provided to the U.S. 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.
7. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http•/ /aortal ncdenr org/web /wa /swp /ws/ 401 /certsandPermits /apply /forms).
8. 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.
The North Carolina Granite Corporation
Page 5 of 5
February 19, 2013
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.
This the 191h day of February 2013
DIVISION OF WATER QUALITY
Charles Wakild, P.E.
Director
CW/kah/ae
3952