HomeMy WebLinkAbout20140175 Ver 1_Approval Letter_20140325NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary -
March 25, 2014
Watauga County
NCDWQ Project No. 20140175
R -5525, Summit Meadow Lane
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Mike Pettyjohn, P.E., Division Engineer
NCDOT, Division 11
PO Box 250
N. Wilkesboro, NC 28659
Mr. Richard Sparks, CEO
Appalachian Regional Healthcare System
336 Deerfield Rd
Boone NC 28607
Dear Mr. Pettyjohn and Mr. Sparks:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
improving Summit Meadow Lane to serve the Chestnut Ridge at Blowing Rock Medical Facility in Watauga
County.
Stream Impacts in the New River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Impacts
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
Clearing (ac)
Wetland
Requiring
(ac)
Mitigation
Impact (ac)
Mitigation (ac)
1
0.03
linear ft
1
1 0.04
1 1
112
40
152
0
0.00
0.00
1 0.04
112
40
152
0
Total
Total Stream Impact for Project: 152 linear feet.
Wetland Impacts in the New River Basin
Total Wetland Impact for Project: 0.07 acres.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919. 807 -63001 FAX: 919$07-6492
Internet: www.ncwaterauality.orcl
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumll,ff
Fill
Total
Impacts
Excavation
Mechanized
Hand
Site
Fill (ac)
(temporary)
(ac)
Clearing (ac)
Clearing (ac)
Wetland
Requiring
(ac)
Impact (ac)
Mitigation (ac)
1
0.03
1 0.04
1 1
1 0
Total
0.03
0.00
0.00
1 0.04
1 0.00
1 0.00
1 0
Total Wetland Impact for Project: 0.07 acres.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919. 807 -63001 FAX: 919$07-6492
Internet: www.ncwaterauality.orcl
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumll,ff
The project shall be constructed in accordance with your application dated received February 20, 2014. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In
addition, you should acquire any other federal, state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Condition(s) of Certification:
1. Stormwater from Summit Meadow Lane (all portions maintained by NCDOT) shall be constructed as
depicted on the Stormwater Management Plan for Linear Roadway Projects submitted with the application
and hereby incorporated by reference. Stormwater facilities along the NCDOT maintained portion of
Summit Meadow Lane shall be the responsibility of NCDOT and shall be maintained in accordance with
NDPES Permit NCS000250 issued to NCDOT by the Division.
Stormwater management from all impervious surfaces other than the NCDOT maintained portion of
Summit Meadow Lane shall be the responsibility of Appalachian Regional Health System. The Division
approves the SMP for all non - roadway built upon areas consisting of one Wet Detention Basin and one
Bioretention Cell and all associated stormwater conveyances, inlet and outlet structures, and the grading
and drainage patterns depicted on plan sheets dated March 7, 2014 and March 17, 2014, which are
incorporated by reference and are enforceable by the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved Chestnut Ridge Medical Facility shall be
229,997 square feet and the maximum allowable built -upon area within that drainage area shall be
124,582 square feet draining to the Wet Detention Basin and 100,624 square feet and the maximum
allowable built -upon area within that drainage area shall be 54,450 square feet draining to the
Bioretention Cell. Any changes to these maximum areas shall require the applicant to submit and
receive approval for a revised stormwater management plan by the Division.
b) The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all
sides of the devices shall be located in either: public rights -of -way; dedicated common areas; or
recorded easement areas. The final plats for the project showing all such rights -of -way, common areas
and easement areas shall be in accordance with the approved plans.
c) The approved SMP shall be constructed and operational before any permanent building or other
structure is occupied at the site.
d) The SMP for the Chestnut Ridge Medical Facility may not be modified without prior written
authorization from the Division.
e) Maintenance activities for the Wet Detention Basin and the Bioretention Cell shall be performed in
accordance with the notarized O &M agreements signed by Richard Sparks on March 12, 2014. The
O &M agreements shall transfer with the sale of the land or transfer of ownership /responsibility for the
BMP facility. The Division shall be notified promptly of every transfer.
f) The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the
Division within thirty (30) days of project completion (available at
http: / /portal.ncdenr.or web /wg /sn /ws /401 /certsandpermits /apply /forms).
3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility
lines or other development related activities within this subdivision will require a modification of this 401
Water Quality Certification approval.
4. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. -
5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
6. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage.
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
12. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with
the Division Engineer and the on -site project manager.
13. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
14. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
15. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery.
16. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify
NCDWQ when all work included in the 401 Certification has been completed.
17. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) must
be reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction.
18. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or
borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct
impact from road construction activities.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) - 431 - 3000,. Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood at (336)771 -4964 or sue.homewood @ncdenr.gov.
Sincerely,
%, (Y�' �"�
Thomas A. Reeder
cc: Heath Slaughter, Division 11 Environmental Officer (electronic copy only)
Walter Roberts, Louis Berger Group (electronic copy only)
Tasha McCormick, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
DWR Transportation Permitting Unit
WSRO File Copy