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HomeMy WebLinkAbout19970506 Ver 2_Approval Letter_20140116+� � °�,,. � � � � ��... � � M �..'; i � ri �', ',,. � �' ♦ ��i. � * � :., � a ti Division of VV�t�r Res�urces Water (�ua[i�y Pr�grams Pat cCrar� Thomas A. eed�r Governor Direcior January 16, 2014 �� . , �� �* - .. DWR # 97-0506 v2 correction Yadkin County Yadkin County Soil and Water Conservation District Attn: Jason Walker 209 S. Elm Street Yadkinville NC �7055 Subject: A,PPR01/AL Of �ND11fIDUAL 401 WA7'ER QUALI�'Y CERTIFICATION WITH AD�fTIQNA! CONDITIONS Yadkin County Park at the Yadkin County 5D Reservoir USACE Action ID. No. SAW-1997-00289 Dear Mr. Walker: Attached h�r��o is a r.o�ay of Certific�tion Na. 3144 issu�d to Mr. Jason Walker and ThP Yadkin County Soil and Water Conservation District, dated January 16, 2014. This certification rEplaces the previous certification issued on Octob�r 22, 2013. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This p�rmit is for additional fill from the c�nstruction of ��vater dependent structures at the Yadk�n Co�!nty �ark and does not void any conditions in tne previously issued Certification #31�5 daied March 2, 1998. Thi� Certification can be con�ested as �ravided in Ar�ticles 3 and 4 of General StatUte 150a by filing a written petition for an administrative hearing to the Office of Administrative Hearings �n�reby Knc�w►� �s �'�.AN1 �i#i��r� s�x#y (n��� cai�r��4�r �i�ys. A petition farm may be obt�ired fro� the OAH ai http://w�w.nc�ah.co / or b�r caliing the OAW C1crk's affice at (91S) 431-30G0 for i�farrnatio�}. A petition is cansialere� 'filed whe� ihe original and one (�) copy along with any applicable QAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). WeiRands, Buffers, Starmwater— Com�diance and Permitting (Webscape} Unit ���,��, 1650 Mail Service Cenfer, Ralegh, Norfh Caralina 27699-1650 Location: 512 N. Salisbury St Ft�leigh, Narttt Garalina 27Ei04 ��� �� �� ��I I'���� ���� F'hane: �J19-&07-63001 FAX: 919-807-6494 �. Gusfomer Service 1-577-�23-674i �� ���'"��� �� Internei: ncw�terquality.org �' � Yadkin County Soil and Water Conservation District DWR# 97-0506 v2 correction �ndividual Certification #3149 Page 2 of 7 The p�tition may be faxed to the QAH at (919j 431-31Q0, provided the original and one copy of the petition alang 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etcJ: O�fice of Administrative Hearings Office of Ad+�ninistrative 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 pet�tion 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 Sue Homewood at 336-771-4964 or sue.ham�woodCa�ncdenr.�ov if you have any qu�$tions or concerns. Sincerely, � c�J�� �Caren Higgins, Supervisor 4G1 & E3u�f2r Permittin� Unit ��= Jean Gibby, USACE Raleigh Regulatory Field Office (via email) 7VVp W�r�.O 4J1 files T��d Baw�rs, EPA, Sar�� Nu�r f�eiera� �:erzt�r, �1 Fae�sytl� 5��°eet SW, Atla�i�a, GA ��303 Fil� C�PY Filename: 970506v2correctionYadkinCountyParkattheYadkinCountySDReservoir(Yadkin)�401�IC Yadkin County Soil and Water Conservation District DWR# 97-0506 v2 correction Individual Certification #3149 Page 3 of 7 NORTH CAROL�NA 441 WATER C}UA%4�Y CERTIFICATION �ERTIFICATION #3149 is issued in conformity with the requirements of Section 401, Public Laws 92-�00 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to Jason Walker and Yadkin County Soil and Water Conservation District, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on September 23, 2013 and received by the Division on October 1, 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 belaw. Conditions of C�rtification: 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 Irr�pact Permanent Umpact Amaun# Approved ��a�__m.__.._e__._ e.___._.._ . ...._..eee.. ._...__. ___.___._ e._.__.._e .._.,.__.. ....., ..,...�.��..._..�. 404/401 Wetlands � ��.� -, w at �. 2 Floating Fishing Piers 480 square feet ��. � � �.� _ _....,,,...�.. � Boat Launch Area 792 square feet �;, 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 ;�rc�je�i. ,�I� CfJ�35�rlfCYib[i aC�IVi:'i�s, i��tci��i���a cf�� desigr�, i�;s��ailarit�ri, ��era�ion, and maintenance of sediment and erosion control Best Management Practices shall be p?rformed so that r.o vio!ations of state �vater quality stan�ards, statutes, �r rules er_r�!r. Approved plans aiid specifications for this �r�ject are incor�orated by r�ference and are entorceabfe parts ofi this permit. Yadkin County Sail and Water Conservation District DWR# 97-U506 v2 correction �ndividual Certification #3149 Pa�e 4 of 7 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design; installation and operation and maintenanGe af such Best Management Praciices and if �pplicable, comply with the spe�ific 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 an 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. �� 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. e. 1"he sediment and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124 Design Standards in Sensitive Watersheds. 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 unav�idable, 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 �rosion 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 {cialiy defegated p�ogram ha:� reieased the specific area ��i�hin tht �roject. �n �!PDES C�nstructior Storm��vat�r Perrn;t is required for �onstr�c*ion p�-oj�cts th�t �isturb one (�) or rr��re acres of I�nd. This ?ermit allows stormvvatertc� !ae dischar�e� during land disturbing construction activities as stipulated in the conditions of the permit. If your r.+ 7r+ �r u r il�� n.e � i rmi+ �`f �% � ir. s n rL� N:,j...,� � c�v�re� y �,s Nirm�t, ,ull compiiance �r�:tr �L, �,� canu;.,L;,s �„ciu�ir�, �� � EiC�l��i �t s�dimer.tat;C�l C�nt�C� j1�c;11, Ii1S�;ECtIOCIS ard mul��t, ��ncc, SE?i�-�Ti�IliiCil�lb, iECL�I'C� iceeping an� re�orting requir�ments is rec�uir�r�. J� cnpv or'the genPrai �ermit (N�;�0100��1j, insoectian log �heets, �nd other informiation m�y �e f�t�nd at: http:j/portalanc enr.or�/web w ws su n essw#tab-w. _��,,,, �, .__ �— � �. Yadkin County Soil and Water Conseruation District DWR# 97-0506 v2 correction Individual Certification #3149 Pag� 5 of 7 8. 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. Appreved bes± 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 sandb�gs, 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 confact between uncured or curing concrete and waters of the state. Water that inadve�tently contacts uncured concrete shall not �e discharge�l to waters of the state due to the �otential for elevated pH and possible aquatic life/fish kills. 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. Any riprap required for proper culvert placement, stabilizatian, 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 o� riprap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of th� area. 12. Any riprap used for stabilization shall be of a size and density so as not to be able to be carried aff 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 stabi�izatior rneasur�s. 13. A cre-time app��cat�a� of `ert�lizer tc re-EStablisl� vegetat�an is a!lcwed �n distur�ed ar�as including r�parian l�uffers, but is restricted to no closer than 1� feet from to� of banic of streams. Any fertilizer application must comply with aJl other Federal, State and Local r����ations. 14. This Certi�icatinn �oes not reliEVe the ap�':��ar�t of the �'�sp�t�siu�9ity to obtain all ather r�q:�ired Federal, State, or �ocal appro��als. Yadkin County Soil and Water Conservation District DWR# 97-0506 v2 correction Individual Certification #3149 Page 6 of 7 15. Jason Walker and Yadkin County Sail and Water Conservation District shall conduct constructian activities in a manner consist�nt with State water quality standards (including any requirements resulting i`rom 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 lason Walker and Yadkin County Soil and Water Cons�rvation t�istrict 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 Jason Walker and Yadkin County Soil and Water Conservation District 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. 16. 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. 17. The applicant and/ar authorized agent shall provide a completed Cer�ificate of Completion Form to the DWR Webscape Unit within ten days of project completion (available at: http://portaf.ncdenr.or�/�reb/wq/swp/ws/401./certsandpermits applv%forms). 18. This certification grants permission to the director, an authorized representative of the Lir�ctor, or �::�E,�JN, stafi, upon r�E pr�sentation or proper eredent�als, t� �nter tn� propErty during normal business hours. This �p�rov�1 t� �rac�R� with your �rop�sed im��cts or to conduct im�acfis to �vaters as depicted in your application shall expire upon expiration o� the 404 or CAMA Permit. 7he conditi�;�s i^ �fi�ct �n th, dat� �+ ;�su�^�� �ha'! r�main in eFf�ct rrJr �!�� ;i`c afi th� �rojQct, regard�ess o# th� �x�„a�;or� date of this :,zrtificatior�. Yadkin County Soil and Water Conservation District DWR# 97-0506 v2 correction fndividual Certification #3149 Page 7 of 7 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 16th day of January 2014 DIVISION OF WATER RESOURCES G�'`�' ' � Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH/sh 3149