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HomeMy WebLinkAbout20120825 Ver 1_Approval Letter_20130617*5VA !r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor BILL G. ROUGHTON PO BOX 1877 KILL DEVIL HILLS, NC 27948 Division of Water Quality Thomas A. Reeder Acting Director June 17, 2013 John E. Skvarla, III Secretary DWQ # 12 -0825 Dare County Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS ROUGHTON COMMERCIAL COMPLEX USACE Action ID. No. SAW- 2012 -01410 Dear Mr. Roughton: Attached hereto is a copy of Certification No. 3960 issued to Bill G. Roughton, dated June 17, 2013. 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 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 sixty (60) 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. Wetlands, Buffers, Storrnwater— Compliance and Permitting (Webscape) Unit �TOne y 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1�! ofthCarol111a Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 807 -6300 t FAX: 919 - 807 -6494 \ Customer Service: 1- 877 - 623 -6748 C Internet: www.ncwaterquality.org BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 2 of 8 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Roberto Scheller at 252 - 948 -3940 or roberto.schellar ncdenr.F,ov or Jennifer Burdette at 919 - 807 -6364 or jennifer.burdette @ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 George Wood, Environmental Professionals, Inc., PO Box 3368, Kill Devil Hills, NC 27948 DWQ WaRO 401 files DWQ Webscape Unit Filename: 120825RoughtonCommercialComplex (Dare)_401_IC.docx BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 3 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #3960 is issued in conformity with the requirements of Section 401, Public Laws 92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Bill G. Roughton, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Quality (Division) on August 30, 2012 and subsequent information on February 8, 2013 and May 28, 2013, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on November 30, 2013. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved 404 /Wetland (units) (units) Permanent Temporary 404/401 Wetlands 1.33 (acres) 0 (acres) 2. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Timberlake Farm Mitigation Bank to meet this mitigation requirement. Until the Timberlake Farm Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Timberlake Farm Mitigation Bank to meet the following compensatory mitigation requirement. Type of Wetland Compensatory Mitigation Required River and Sub -basin Number 404 /Wetland 2.66 (acres) — non - riparian Albemarle /03010205 BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 4 of 8 3. Stormwater Management Plan A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the State Stormwater section in the Washington Regional Office at 943 Washington Sq. Mall Washington NC 27889 within 60 days of the issuance of the 401 Water Quality Certification. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater management plan must include construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater best management practices are required to be appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 4. 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 for this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 5. Sediment and Erosion Control 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. BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 5 of 8 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 1971. 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. 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. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent 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 Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. 7. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http:/ /portal.ncdenr.or /web /wg /ws/su /npdessw #tab -w. 8. Work in the Dry 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. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life /fish kills. BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 6 of 8 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. 11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis- equilibrium. 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and /or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area. 13. Any riprap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. 14. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 15. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at http: / /h2o.enr.state.nc.us /ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. 16. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 7 of 8 17. Continuing Compliance Mr. Bill G. Roughton 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 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. Before modifying the Certification, the Division shall notify Mr. Bill G. Roughton 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. Bill G. Roughton 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. 18. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable 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 given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. 19. 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://p )rtal. ncdenr.org/web/wq/sw wsZ401 /certsand, ermits /apply /forms). 20. 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 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. BILL G. ROUGHTON DWQ# 12 -0825 Individual Certification #3960 Page 8 of 8 Non- compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and /or civil penalties. This the 17th day of June 2013 DIVISION OF WATER QUALITY w_ l Karen Higgins, Supervis r Wetlands, Buffers, Stormwater — Compliance & Permitting Unit 3960