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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.