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Home My WebLink About20130466 Ver 1_Approval Letter_20130531CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Hanson Aggregates Southeast, LLC Attn: Jack Garvey 2300 Gateway Centre Boulevard Morrisville, NC 27560 Division of Water Quality Charles Wakild, P.E. Director May 31, 2013 John E. Skvarla, III Secretary DWQ # 13 -0466 Harnett County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Hanson Aggregates — Elliott Mine Beaverdam Creek Crossing Dear Mr. Garvey: You have our approval for the impacts listed below for the purpose described in your application dated April 26, 2013, received by the Division of Water Quality (Division) May 1, 2013. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 54 (linear feet) (linear feet) 404/401 Wetlands 0.0706 (acres) (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center. Raleigh, North Carolina 27699 -1650 Phone 919. 807.6301 \ FAX 919 - 807.6494 Internet, http J /portal.ncdonr.org/webtwglws An Equal Opportunity 1 Affirmative Acton Employer Hanson Aggregates Southeast, LLC DWQ# 13 -0466 401 APPROVAL Page 2 of 4 given a copy of this approval letter and General Certification(s) /Permit /Authorization and is responsible for complying with all conditions. 3. A copy of this Certification shall be available on the job site at all times. 4. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http: //www.ncdot.ore /doh /operations /BMP manual /download /BMP Manual.pdfl such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes are installed in a perched manner, the pipes shall be-removed-and re- installed correctly. All authorized culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. Culverts shall be placed so that the opening(s) match the natural stream channel wherever possible. Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -full channel. Additional culverts shall be allowed only to receive flows exceeding bank -full. The low flow pipes should be aligned with the deepest part of the stream channel, so that flow is maintained during low flow conditions. Field adjustments of the culvert placements may be necessary to correctly install the culverts. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. All approved rip -rap shall be appropriately keyed in and only placed in wetland and stream areas that have permitted impacts. 5. No Waste, Spoil, Solids, or Fill of Any Kind 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 Pre - Construction Notification. 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. Hanson Aggregates Southeast, LLC DWQ# 13 -0466 401 APPROVAL Page 3 of 4 6. Stormwater Management Plan (Approval by the DWQ Stormwater Unit required.) You are required to obtain approval from the DWQ Stormwater Unit before any impacts authorized in this certification occur. The SMP may not be modified without prior written authorization from the DWQ Stormwater Unit. 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. 7. Certificate of Completion 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 DWQ WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650. This approval and its conditions are final and binding unless contested. 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 (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. -- -- - - -- - - - -- -- - -- - - - - -- - -- - - - - Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Hanson Aggregates Southeast, LLC DWQ# 13 -0466 401 APPROVAL Page 4 of 4 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins Karen Higgins NC DENR -DWQ— Webscape Unit NC DENR -DWQ— Webscape Unit 1650 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 -1650 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chad Turlington at (910) 433 -3320 or chad.turlineton @ ncdenr.eov if you have any questions or concerns. Sincerely, Belinda S. Henson - - - -- Regional Supervisor -- - - - -- -- - - -- - - - -- - - - - - - - -- - - - -- - - - - - -- - - - - - - - -- -- - -- - -- - - - - -- - - - -- - - -- - -- - - DWQ Fayetteville Regional Office Enclosures: GC 3886 Certificate of Completion cc: Wyatt Brown — Brown's Environmental Group, Inc. (via email) Crystal Amschler - USACE Wilmington Regulatory Field Office (via email) DWQ FRO 401 files Karen Higgins - DWQ Webscape Unit