20140014 Ver 1_Approval Letter_20140310

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Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
- CONDITIONS
Boone Quarry Dirt Storage
Dear Mr'. Cox.
You have our approval for the impacts listed below for the purpose described in your
application dated December 19, 2013, received by the Division of Water Resources (Division)
December 27, 2013, with subsequent information on February 26, 2014 and March 4, 2014.
These impacts are covered by the attached Water Quality General Certification Number 3890
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 44 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 certifications) or
general permit and the following additional Conditions:
1. 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.
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer

Vulcan Material Company
D W R# 14 -0014
401APPROVAL
Page 2 of 3
Type of Impact.
Temporary /Permanent
Amount Approved (Units)
Approved Impact (units)
Stream
Permanent
224 linear feet
Wetland
Permanent
0.254 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 given a copy of this approval letter and General
Certification(s) /Permit /Authorization and is responsible for complying with all
conditions.
3. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the NC Ecosystem Enhancement
a Program (EEP) to meet this mitigation requirement. Until the EEP 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 EEP to meet the following
compensatory mitigation requirement:
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Due to the lack of current mitigation options and schedule of this project, mitigation will
be provided in the French Broad River Basin (06010108). This approval shall not be
construed as approval for "out of basin" mitigation for future activities at this site.
4. All stormwater from impervious surfaces shall be directed to an stormwater measure
approved by the Division of Energy, Mineral and Land Resources mining permit
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 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
s
(hereby known as OAH) within sixty (60) calendar days.
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.. 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
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Compensatory
Mitigation Required
River and Sub- basin
Number
Stream
224. (feet)-
Watauga (06010103)*
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Due to the lack of current mitigation options and schedule of this project, mitigation will
be provided in the French Broad River Basin (06010108). This approval shall not be
construed as approval for "out of basin" mitigation for future activities at this site.
4. All stormwater from impervious surfaces shall be directed to an stormwater measure
approved by the Division of Energy, Mineral and Land Resources mining permit
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 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
s
(hereby known as OAH) within sixty (60) calendar days.
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.. 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
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Vulcan Material Company
DWR# 14 -0014
401 APPROVAL
Page 3 of 3
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 via US Postal Service: If sending via delivery service (UPS, Fed Ex, 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
This letter completes the review of the Division of Water Resources under section 401 of the
Clean Water Act. Please contact Sue Homewood at 336 -771 -4964 or
Sue. [e-mail] if you have any questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
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Enclosures: GC 3890
Certificate of Completion
cc: Cra.ig Wyant, A Fine Line Design (via email)
Tasha McCormick, USACE Asheville Regulatory Field Office (via email)
I DWR -WQP WSRO 401 files
DWR -WQP Webscape Unit
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations
Pat McCrory Thomas A. Reeder John E. Skvarla; Ili
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Hal Cox of Vulcan Materials Comp;any has permission as outlined below to fill or
otherwise impact 224 feet of streams to construct the proposed Boone Quarry Dirt Storage. Yard project at the subject property which
is located on NC Hwy 105, Boone, in Watauga County, North Carolina. All activities associated with these authorized impacts must
be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS; ECOSYSTEM ENHANCEMENT PROGRAM
DWQ.PROJECT #: 2014 -0014
SITE NAME: Boone Quarry Dirt Storage Yard
.i LOCATION: Boone, NC
1 COUNTY Watauga
j BASIN/ SUB BASIN Watauga (HUC: 06010103)
*Mitigation to be provided in French Broad River Basin (06010108)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable
impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined
i below prior to conducting any activities that impact or degrade the waters of the state.
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i Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -
quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b).
Impacts Mitigation
224 linear feet of stream 224 linear. feet of stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the
form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM:
j
i Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
I 1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 707 -8976
North Carolina Division of Water Resources, Winston -Salem Regional Office
Location: 585 Waughtown St, Winston - Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCaxOlma ``
Internet: www.ncwaterquality.org Natwra //y
An Equal Opportunity 1 Affirmative Action Employer