HomeMy WebLinkAbout20140382 Ver 1_Approval Letter_20140516. AZ4J,.
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 16, 2014
Curt Smith
310 Highlands Manor Trace
Milton, GA 30004
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
327 Upper Walnut Tree Lane
Dear Mr. Smith:
John E. Skvarla, III
Secretary
DWR # 14 -0382
Macon County
In accordance with your application dated January 10, 2014 and received April 14, 2014, approval has been
granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898 and the
conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the
U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal,
state or local permits before proceeding with your project, including those required by (but not limited to)
Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
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.
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
I Below Pool
0.01 (acres)
10.01 (acres)
ADDITIONAL CONDITIONS
1. 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/Authorization. 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
Water Quality Regional Operations —Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -45001 FAX: 828 - 299 -7043
Internet: http : / /portal.nodenr.org/webtwgtws
An Equal Opportunity 1 Affirmative Action Employer
Curt Smith
May 16, 2014
Page 2 of 3
letter and General Certification(s)/Permit /Authorization and is responsible for complying with all
conditions.
2. Rip -rap must be placed along the base of all dry stacks with a minimum depth of one foot and a slope of
2 to 1 with a three foot base at the lakebed dry stack interface. Per Exhibit 3 of the Duke Shoreline
Management Guidelines.
3. Replant or allow the re- establishment of native vegetation in areas within the project boundary where it
has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines.
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) 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 normal office hours (Monday through
Friday between 8:O0am 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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
Curt Smith
May 16, 2014
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H 0.500. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranfordgricdenn o_v if you have
any questions or concerns.
Sincerely,
G. Landon Damson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
ec: Bob Martin
USACE Asheville Regulatory Field Office
cc: DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ\Macon \401s\Non- DOT\327 Upper Walnut Tree Lane\APRVL.5.16.14.docx
Water Quality Certificatioin No. 3898
Water' Quality Certification Number 3898 isi issued in conformity with the requirements of Section
401, Public Laws 92 =500 and 95.217 of the United. Sfates and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC, 02H ,0500 and 15A NCAC' 02B .0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmirigton.D strices
Regional (General) Kermit Number 198200030 and Regional Permit Number 198200079.and for
the Riparian Area Protection Roles (Buffer Rules) in 15A NCAC- 026.0200.
The State of North Carolina certifies that the specified category of activity wilt not violate
applicable portions of. Sections '301„ 302, $03, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter set forth;
Activities meeting any one (1) of the following. thresholds or circumstances require written
approval fora 401 Water Quality Certification from the Division of Water Quality (the
"Division ")
a) Activities that result; in fill, dredging or exc. avation'of waters orwetlands'below. the normal
high water level or
b) Any impactassociated with a Notice of Violation or an enforcement action for uiolation,(s)
of.DVVQ Wetland Rules (1 5A NCAC 02H :0500), solated Wetland Rules (15A NCAC 02H
A 3.00), DWQ "Surface Water or Wetland Standards, or Riparian Suffer Rules (1 :5A NCAC
02D .0200); or
c) Any impacts to streams, and /or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (orany other basin or
watershed with Riparian Area Protection Rules [Buffer Rules) in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal ,Management (UCM)
delegation for "ALLOWABLE" activities.;
Water Quality General Certification most
CAMA Permit then one payment to both
two fees.
:143- 2'15.8.D(e), wrifttr "n approval "for`'a 401
ie appropriate fee. If project also requires a
shall be submitted and will be the higher of the
Activities included in this General Certification' that do not meet one of the thresholds .
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. if any of these Conditions cannot be met, then
written approval from the Division is required;
Conditions of Certification.
1. No Impacts Beyond those Authorized: in the Written Approval or Beyond the Threshold of Use
of this Certification
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 Fire .Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established, for
use of this Certification without written;authorization, including incidental impacts. All
construction activities, including the design, instaliatian, 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
Water Quality Certification No. 3808
1
x:
Water Quality Certification No. 3898
specifications for this project are' incorporated by.reference and are enforceable parts of this
permit,
2. Standard Erosion and Sediment: Control Practices
Erosion and sediment control practices must be in full compliance.with all specifications
governing the proper design, installation An, d operation 'and maintenance of such Best
Management Practices and if applicable-, comply with the specifio 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 accordance w1th-the most recent Version of the<
North Carolina Surface Mining Manual:
a 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. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
$A, WS -I, WS-11, High Quality (HQ,W), or Outstanding Resource (QRW) waters, then the
sedimentation and erosion control designs must.comp.ly "with the requirements set forth
in 15A NCAC:04B .0124, DesignStandards in Sensitive watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters"
Sediment and erosion control measures, shall not be placed in wetlands orwaters.
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 Land Resources (DLR).or locally delegated program .has released.
the specific area within the project.
4. Construction Stormwater Permit NCG010000'
An NPDES Construction $ tormwater 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, inspdctions and maintenance, self - monitoring, record keeping;
and reporting. require "merits is required. A copy of the general permit (NCG010000)
Water Quality Certification No. 3898'
1
Water Quality Certification No. 3898
The North Carolina Department of Transportation (NODOT) shall'be.r.equired to ben full
compliance h'the conditions related to construction truction activities within the most recent version
of their individual NPDES (NO.S00250) stormwater permit.,
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), the n biological monitoring ;may be required at the request of other
state or federal agencies and coordinated with these activities..
All moratoriums on construction activities established; by the NC Wildlife Resources.
Commission (WRC), Us Fish and Wildlife- service (US.FWS'.IsIC Division of Marine Fisheries
(DIVIF), or National Morino. Fisheries Service. (NMFS) to lessen, impacts on trout, anadromous
fish, [arval/post-larval, fishes and crustaceans, or other aquatic species of concern shall be
, .. te -
implemented. lExceptions to this condition require written aquatic by the resource agency
responsible for the, given. moratorium.
Work. within the twenty -five (26) designated trout counties or identified state or federal
endangered or threatened 'species habitat -shall be coordinated with the appropriate WRC,.
USFWS, NMr8,,and/or,DMF:personneL
6. Work in the Dry
Ali work in or adjacent-to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approvedbestmanagement practices from the
most current version of the NO sediment and Ero$ion Control Manual, or the NO DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversiorystructures ,shall be used to minimize. excavation c , ation in. flowing water.
Exceptions to this condition require application Submittal to and written approval" by the
Division.
7. Riparian Area Protection (Buffer) Rules
in the.
Goose Creek Watersheds. (or any other t
to "uses" identified within, and constructer
.0243 .0260,.0267and.0605, and shall
to have minimal disturbance to protect .'M
through the use of best management, pro
flow requirements, must be met.
nal wetlands or
vit.h buffer rules) shall be limited
i 15A NCAC 02B 1.0233, 02591,
id, constructed, andpaintained,
i I .
uIroments, including diffuse
8. If concrete is used during, the construction, then, all necessary measures shall bo taken to
prevent direct contact between uncured. or coring 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.
9. Rip-rap shall. be installed waterward of bulkheads installed in fieshwater lakes to ensure
p I roteQtIon of aquatic habitat. Construction overvotlands shall be elevated at least three (3)
y
feet above an 'wetlands, and floating structures shall 11 not rest periodically on the bottom:
110. Piers and boat houses shall, be constructed to provide for Storage and removal of sewage .
rather than allowing raw waste or other sewage to. be disposed directly into surface. waters,
11. Deed notifications or similar mechanisms shall be placed on all retained furisciptional
wetlands, waters,, and protective buffers within, the project boundlarles''in order to assure
'Water Quality :Certification No. 3898
Water Quality Certification No. 3898
lance for future wetland, water, and buffer impact. These mechanisms shall be put in
at the time of recording of the property or of individual lots, whichever is appropriate. A
http: // portal .ncdenr.org /web /wq /swp /ws/ 401 /certsandgermits /a6o[viforms. The text of the
sample deed notification may be. modified; as appropriate, to suit to a.specific.project
Documentation of deed notifications shall be. provided to the Division upon request,
12. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a. Finding of No
Significant Impact (FQNSI) or Record of Decision (ROD) is issued by the State
Clearinghouse,
13, In the twenty (20) coastal counties, the' appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
14. This General Certification does not relieve the applicant of the 'responsibility to obtain all other
required Federal, State, or Local approvals.
15. The applicant/permittee and their authorized agents shall conductall 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 appropriaterequirements of
State and` Federal Law; if the Division determines that such standards or laws are not being
met; including 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, then the
Division may reevaluate and modify this General Water Quality Certification,
16. When written authorization 'is required >for use of this certification; upon completion of all
permitted impacts, included within the approval' and any subsequent modifications, the
applicant shall be, required to return the I certificate of completion attached to the approval..
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh,. NC, 27699 - 1650."
17. Additional site- specific conditions, including monitoring and /or modeling requirements, may
be added to the: written approval letter for projects proposed under this Water Quality
" Certification in order to en sure'compliance'withah appHi 6bie Water qualify and" "effluent "`
standards,
18. 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 General Certification shall expire on, the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification
Nan- compliance with or violation of the conditions - herein get forth by a, specific project may result,
in revocation of this General Certification for the project and may also result in crlminal and /or civil
penalties;
The Director of the North Carolina Division of Water Quality may require submission of`a formal
application for (ndivitlual Certification for any project in this category of activity if it is determined
that the project is likely to have .a significant adverse effect upon water quality, including state -or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No, 3898. 4
Water Quality Certification No. 3898
Public hearings may be he,ld'for specific applications or group of applications prior to a
Certification decision if deemed in the public's best Interest by the Director of (he North Carolina
Division of Water Qoality.
Effective date:. March 19, 2012
DIVISION OF WATER QUALITY
By ,
Charles Wakild, P.E.
Director
History Note.- Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007; WQC Number 3639 issued March 19, 2007; WQC
Number 3492 issued December 31,2004; and WQC Number 3313 issued March 18, 2002. This;
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3898
5
Pat McCrory
Governor
DWR Project No.:
Applicant:
Project Name:
NCDENR
North Carolina Department of Environment and Natural Resources
John E. Skvarla, III
Secretary
County:
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 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to
DWR 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
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:
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:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee 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
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919- 807 -63001 FAX: 919- 807 -6494
Internet: http: / /portal.ncdenr.org /web /wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Registration No.