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HomeMy WebLinkAbout20150076 Ver 1_Approval Letter_20150223r RUMOR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 23, 2015 Mr. Marche Pittman Polk County 40 Courthouse Street Columbus, NC 28722 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Sunny View Elementary Water Line Dear Mr. Pittman: Donald R. van der Vaad Secretary DWR # 15 -0076 Polk County In accordance with your application dated December 14, 2015 (sic) and additional information received on January 20, 2015, and February 18, 2015, 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 3884 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you 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. IMPACTSAPPROVED 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 Amount Approved Temporary Permanent Stream 20 (linear feet) 80 (linear feet) 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 Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, the 28778 Phone: 828 - 29645001 FAX: 828- 299 -7043 Internet: hap:11porlelmodenr.orglweetwgMs An Equal Opportunity %Aglrmative Action Employer Mr. Marche Pittman February 23, 20t5 Page 2 of3 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. All temporary impacted areas will be restored to pre - construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. 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.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:OOam and 5:OOpm, 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 Ifsending 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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Mr. Marche Pittman Febmary 23, 2015 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 .0500. Please contact Andrew Moore at 828 - 296 -4684 or Andrew. W.Moore@ncdem.gov if you have any questions or concerns. Sincerely, --�, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office. Enclosures: GC 3884 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit Clement Riddle, Clearwater Environmental Consultants (via email) David Brown, USACE Asheville Regulatory Field Office (via email) Andrea Leslie, NCWRC (via email) G: \WR\WQ\Po1kA0talloa- DMSmmy View elementaryWPRVL.SOnny View Elementary Water Line Extension.2- 23- 15 .doe Water Quality Certification No. 3884 GENERAL CERTIFICATION FOR .PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF :ENGINEERS NATIONWIDE PERMIT NUMBERS 12 IUTILITY LINE ACTIVITIES( AND 47 (PIPELINE SAFETY PROGRAM DESIGNATED TIME SENSITIVE INSPECTIONS AND REPAIRS) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) Water Quality Certification Number 3884 is issued In conformity with the requirements of Section 401, Public Laws 92 -500 and 95-217 of the United. Slates and subject to the North Carolina Division of Water Quality (DWQ) 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 33 CFR 330 Appendix A (B) (12 and 47) of the Corps of Engineers regulations Including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A. NCAC 028.0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions. of Sections 301, 302, 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 they Division of Water Quality (the "Division' ); - a) Permanent impacts to any wetlands andiron waters, including streams; or b) Any stream relocation; or c) Impacts to any wetlands and /or waters if the maintenance corridor in a Wetland or at a stream crossing is greater than 15 feet wide (except activities located in areas with , Riparian Area Protection Rules when the maintenance corridor at stream crossing must be 10 feet Wide or less). Gas pipelines may have a maintenance corridor wider than fifteen feet if mitigation is provided for these additional Wetland fills, d) Any impact associated With a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Welland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 028 0200); or e) -- Any impacts to streams and /or buffers in the Reuse, Tat - 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 CAMA 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 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. Water Quality Certification No. 3884 Water Quality Certification No. 3884 1 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 Pre - 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, 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 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 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 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, h 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 siteat all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas IPNAs), SA, WS -1, . WS II, High Quality (HOW), or Outstanding Resource (ORW). waters, then the sedimentation and erosion control designs must comply with the requirements set forth' In 18A NCAC 046; 0124, 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- 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 Water Quality Certification No. 3884 Water Quality Certification No. 3884 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 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, 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 http://portal.ncdenr.or,q/web/�W-Q/ws/su/npdessw#tab-w. 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) 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), then 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 Marine. Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval /post -larval fishes and crustaceans, or other aquatiaspecies 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 in the 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) Rule Activities located in the protected riparian. areas (whether jurisdictional wetlands or not), within the Nauss, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin orwalershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243_0250, .0267 and .0605; and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. Water Quality Certification No. 3884 Water Quality Certification No. 3884 8. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greaterthan 150 linear feet ofstreams (intermittent and perennial) and /or equal to or greater than one. (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation' or "Prohibited' within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and /or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream. Mitigation Guidelines (April 2003) or its subsequent updates.. Compensatory mitigation plans shall be submitted to the Division for written approval as required In those protocols. The mitigation plan must be Implemented and /or constructed before any impacts . occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Relocated stream designs should include the same dimensions, patterns, and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall . not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable, however matting that incorporates plastic mesh and /or plastic twine shall not be used In wetlands, riparian buffers or floodmains as recommended by the North Carolina Sediment and Erosion Control Manual, Rip -rap, A- Jacks; concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream) however, the restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used as compensatory mitigation for the Impacts resulting from the relocation, 10. For sewer lines, when the construction corridor is parallel to stream, then the edge of the construction corridor shall not be closer than 10 feet from top of bank. For streams classified as WS (except WS -IV or WS -V), B, SA, ORW, HQW, or SB from normal high water (or tide elevation) and wetlands, the edge of the construction corridor shall not be closer than 50 feet to a stream; or 100 feet to private or public water supply sources or waters classified as WS -I waters or Class I or Class it impounded reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(f). Utility lines within the Riparian Buffers shall be installed in accordance with the Table of uses in the most recent verision of the appropriate buffer rules. Utility lines shall not cross a stream channel at other than a near - perpendicular direction (i.e„ stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank). 11. Any wastewater line that crosses any stream shall be installed in accordance with the most recent version of the Gravity Sewer minimum Design Criteria or the most recent version of Water Quality Certification No. 3884 Water Quality Certification No. 3884 the Minimum Design Criteria for the Fast - Track Permitting of Pump Stations and Force Main published on the Division of Water Quality's website. Exceptions to this condition require application submittal to, and written approval by, the Division. 12.. 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 aquatic life/ fish kills, 13. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the the area directly impacted by approved construction activity. All rip -rap shall be buried and /or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. 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 14. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Non - native perennials such as fescue are prohibited, 15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. 16. The construction corridor (including . access roads, sediment and erosion control measures and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable. 17. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 15 feet in width except at manhole locations. A 15 -toot by 15 -foot perpendicular vehicle . turnaround must be spaced at least 500 feet (152.4 meters) apart. _ 16. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti -seep collars may be. constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular . wetland crossings that are open out and less than 150 feet (45.7 meters) long do not require anti -seep collars. The compacted clay shall: have a specific infiltration of 1 X 10- 5 cm /sec or less. A section and plan view diagram.. is attached for the anti -seep collars. The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water - cement ratio gallons per sack 6.8 d) Slump range 2" to 4" e) Minimum strength - 28 day psi 2,500 19. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be Water Quality Certification No. 3884 5 Water Quality Certification No. 3884 piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut remaining stumps off at grade level. The general stripping of topsoil within wetlands along the utility corridor is not permitted. 20. 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. 21. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 22. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 23. The applicant/permittee and their authorized agents shall conduct all activities in 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. 24. 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 certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mall Service Center, Raleigh, NC, 27699 -1650. 25. 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 ensure compliance with all applicable water quality and effluent - -- standards. - 26. 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. Non - 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. 3884 Water Quality Certification No. 3884 Public hearings maybe held for specific applications or group of applications prior to a Certification decision if deemed in the public's best Interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER'. QUALITY By �"2 Az-, %✓ - . "/ Charles Wakild, P.E. Director History Note: Water Quality Certification (WQQ Number 3684 issued March 19„ 2012 replaces WQC Number 3819 issued March 19, 2010, WQC Number 3699 issued November 1, 2007; WQC Number 3625 Issued March 19, 2007,' WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022 issued September 6, 1995, WQC Number 2664 issued January 21, 1992, 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. 3884 7 Water Quality Certification No. 3884 ANTI -SEEP COLLAR r to I Inches I Utility Line ' i (Diameter Varies) 1 foot I I Class B Concrete I— or Compacted Clay I l l_ 6 inches �) r nch Wl h I�6 inches Not to exceed 40 feet SECTION 6 inches , ... oiI " PLAN Water Quality Certification No. 5684 8 Pat McCrory Governor DWR Project No.: Applicant: Project Name: _ A,," x 1W i NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart 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 1, 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 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: Date 401 & Boi Permitting Unit 1650 Mail Ste ioe Center, Raleigh, North Carolina 27699 -1050 Phone :919-807 -6300\ FAX 919-807 6494 Internet: hire aporial.nctlenr piweblwglws An Equal Opportunity I AHlnl Action Employer Registration No.