HomeMy WebLinkAbout20141041 Ver 1_Approval Letter_20141016LTXXJ
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 16, 2014
William Spears
1313 High Trail Drive
Nebo, North Carolina 28761
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
1313 High Trails Drive — Lot 147
Dear Mr. Spears:
John E. Skvarla, III
Secretary
DWR# 14 -1041
McDowell County
In accordance with your application dated October 2, 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 -
Above Pool
Below Pool
Open Waters
0.003 (acres
0.003 acres)
Water Quality Regional Operations — Asheville ReOional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828- 298 -05001 FAX: 828- 2997043
Internet: hUnl /portal, ncrlencorg1mWwglws
An Equal OpportualyI Affirmative Aden Employer
William spears
10/16/2014
Page 2 d3
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
letter and General Certification (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. The proposed project must comply with the McDowell County local riparian buffer ordinance approved
by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of
Existing Riparian Buffers, 15A NCAC 02B .0243(b).
3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique
Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba- Wateree
river system 2006 Shoreline Management Plan.
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 htto: / /www.neoah.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.8:00am 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:
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
William spears
10/16/2014
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 Ed Williams at 828 - 296 -4500 or ed williams@a ncdenr.gov if you have any
questions or concerns.
Sincerely,
�l
G. Landon D avidson P. egional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Carissa Parker — Bernick Enterprises, LLC (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy
Ron Harmon — McDowell County Planning
DWRARO401 files
DWR 401 and Buffer Permitting Unit
G:\ WR \WQ\McDoweI1W018WomDOT\Speers 1313 High Trail Ddve\APRVL.Speers 1313 High Trail or lot 141 10- 16- 14.doe
Water Quality Certification No, 3898
RTIFICATION FOR PROJECT S "ELIGIBLE FOR U.S. A MY CORPS F
EGIONAL PERMIT NUMB R fgg200036tTVA OR FERO R GULATED
ESI AND REGIONAL PERMIT 198200079 (CAE LAKE AND RESERVOIR
mes�T— fePAID ANn rnMATYA rnTIr1N "dr:TIVITiESI
Water Quality Certification Number 3898 Is Issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95.217 of the United States and subject to the North Carolina
Division of Water Quality Regulations In 15A NCAC. 02H .0500 and 15A NCAC 026 0200 for the
discharge of fill material to waters and wetland areas as described in the Wilmington Disinel's
Regional (General). Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 046 0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions. of Sections 301, $02 303 306 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 for a 401 Water Quality Certification from the Division of Water Quality (the.
"Division");
a) Activities that result in fill,.. dredging or excavation of waters. or wetlands below the normal
high water level, or
b) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Welland Rules (15A NCAC 02H .0800) Isolated Wetland Rules (15A NCAC 02H
1300) DWQ Surface Water or WeOand Standards or Riparian Buffer Rules (15A NCAC
026 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 (or any 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 (DCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143- 215.3D(e),.written approval for a 401
Water Quality General (Certification must include the appropriate fee. If a project also requires a
C,AMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees, -
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Divlsion 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 In wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted In the Pre - Construction Notification, as
authorized in the written approval from the Division or beyond Die thresholds established for
use of this Certification without written authorization, Including incidental Impacts. All
construction activities, including the design Installation, 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. 3898
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 and operation and maintenance of such Best
Management Practices and 'if applicable comply with the specific 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 device$ .
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
contractor owned or loosed borrow pits associated with the project.
b, For borrow pit sites the erosion and sediment control measures must be designed,
Installed operated and maintained in accordance with the most recent version of the
North Carolina Surface Mining ManuaL
c. 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 stormweter routing and treatment shall be on site at all times.
e. If the project occurs in watersgrwatershed3 classified as Primary Nursery Areas (PNAs),
SA WS-1, WS-11, High Quality (HOW) or Outstanding Resource (ORW) waters then lire
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B4O124, Design Standards 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 or waters.
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•equitibrium 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 NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwaterto 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, inspections and maintenance self-monitoring, record keeping
and reporting requirements is required A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
httoY /coital ncdenr ore /web /wo /ws /sU /nndesswktabw.
Water Quality Certification No. 3898 2
Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stotmwater 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) than 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 (USFWS),.NC Division of Marine Fisheries
(DMF) or National Marne Fisheries Service (NMFS) to lessen impacts on trout; anadromoas
fisl,larvallpost- larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.. .
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS NMFS and/or DMF personnel.
6. Work inthe Dry
All work In or adjacent to stream waters 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 DOT
Construction and Maintenance Activities Manual, such as sandbags rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection (Buffer) Rules
to have minimal disturbance to protec
through the use of best management
flow requirements, must be met.
.0233,
requirements, including diffuse
8. If concrete is used during the construction then all necessary measures shall be taken to
prevent direct contact between uncured or curing 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 raquatic life/ fish kills.
9. Rip -rap shall be Installed waterward of bulkheads installed in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at least three (3)
feet above any wetlands, and floating structures shall not rest periodically on the bottom.
10. 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 jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
Water Quality Certification No. 3898
Water Quality Certification No. 3898
compliance for future wetland; water, and buffer Impact These mechanisms shall be put in
place at the time of recordind of the property or of individual lots whichever is aboronriate, A
sample deed notification can be downloaded from the 40111Netlands Unit web site at
ht1jg;,, dalncdenrore /web /wc /ewe /ws/ 401 /certsantloermita /aorily /forms The. text of the
sample deed notification maybe modified as appropriate to suit to aspecific 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 (FONSI), or Record of Decision (ROD) Is issued by the State
Clearinghouse..
13. In the twenty (20) coastal counties the appropriate DWQ Regional Off ice 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 appllcant1permittee 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. 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 toreturn the 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.
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.
Neh- compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual 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
Water Quality Certification No. 3898
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest . by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
711ar—/9,7
Charles- Wakild, P.E.
Director
General Certification is m
corresponding Nationwhdt
Director of the Division of
This
Water Quality Certification No. 3898 8
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
John E. Skvarla, III
Secretary
DWR Project No.: County:
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 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
1, , hereby state that, to the best of my abilities, due cue 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
1, , 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: Registration No
407 & 130ar Pe arms,, unit
1660 Mail soon. Ganlar, Raleigh, Nob Cardha 270994660
Phone: 919.807 -63001 FAX 91 M07G494
Inlemel: lift,11podatndenr m9M+ehhea e
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