HomeMy WebLinkAbout20220023 Ver 1_Approval Letter_20220203ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 3, 2022
DWR# 22-0023
Mecklenburg County
Ms. Leslie N. Vanden Herik
Mecklenburg Soil and Water Conservation District
2145 Suttle Ave.
Charlotte, NC 28208
Delivered via email to Leslie. VandenHerik(dMecklenburgCountyNC.gov
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Bonita O'Banion Stream Project
Dear Ms. Vanden Herik:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) December 29, 2021, and payment received
on January 7, 2022. The Division has determined that the proposed project and impact will comply
with water quality requirements covered by the attached Water Quality General Certification
Number 4134 and the conditions listed below, provided that you adhere to the certification located
at https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch/general and the conditions listed below.
This certification is associated with the use of General Permit Number 27 and 13 once they are
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.
The Division has determined that the proposed project will comply with the water quality
requirements provided that you adhere to the conditions listed in the certification and to the
additional conditions listed below. The following proposed impacts are hereby approved. No other
impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
45 linear ft.
20 linear ft.
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 this 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
DE
NORTH CAROLINA
oerna■m m Emnmmrnmi u j� /"�
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699
a copy of this Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Mooresville
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Additional conditions [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H .0507(c)
3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC
02B .0231
NORT�D `�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
5. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
8. All work in or adjacent to streams 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 Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
9. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
11. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
NORT�D `�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
12. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of
this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
13. Any rip -rap 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 rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
14. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
NORTH AROLIµAD
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
18. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this General Certification. A copy of this General Certification shall be
available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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. [15A NCAC 02H .0507(c)]
This, the 3rd day of February 2022
DocuSigned by:
114.I41w H P444.4
F161 FB69A2D84A3...
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Bryan Roden -Reynolds, USACE, Charlotte, bryan.k.rodenreynolds@usace.army.mil
DWR 401 & Buffer Permitting Branch file
Olivia Munzer, NCWRC, email
D_E
NoFn, 0,%ka,A
Daparonenl of EnVhunmenlal Dually
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date
NORTH D `E�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000