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HomeMy WebLinkAbout20130794 Ver 2_Approval Letter_20150914Pat McCrory Governor g NCDENR North Carolina Department of Environment and Natural Resources September 14, 2015 Linville Land Harbors Property Owners Association Attn: Mike Simpson, Manager Post Office Box 160 Linville, North Carolina 28646 Donald R. van der Vaad Secretary DW R it 13 -0749 V2 Avery County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Phase 2 Linville River Stabilization Dear Mr. Simpson: You have our approval for the impacts listed below for the purpose described in your application dated July 23, 2015, and received by the Division of Water Resources (Division) on August 13, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non- Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification (s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 625 (linear feet) Division of Water Resources — Ashevl l le Regional office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828- 296 - 4500 \FA%:828 - 299 -7043 Internet http: / /poaal,ncdenr.org /web /wq /ws An Equal Opportunity \Affirmative Action Employer Phase 2 Linville River 5tabili.tio, OWRH 13 -0749 V2 401 APPROVAL Page 2 al 2. This approval is for the purpose and design described in your application. The plans and specifications forth is 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) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)1 3. The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 0413 .0125] 4. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, culvert installation, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. [15ANCACO2H.0506(b)(2)] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 6. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 7. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 8. This authorization exempts the Permittee from meeting Condition #7 (Work in the Dry) in the attached general certification for the placement of in- stream structure material in the Linville River. The Permittee shall take all reasonable measures to construct in- stream . structures while keeping heavy equipment out of the stream channel. Stream flow will be diverted around work areas as much as practicable. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. [35A NCAC 02H .0506(f)] 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)] 10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Phase 2 Linville Rlver Stabilization DWRN 13 -0749 V2 401APPROVAL Page 3 d 4 Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3) and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] 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 8:00am 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: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Phase 2 Linville River Stabilization DW R# 13 -0749 V2 401APPROVAL Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828- 296 -4684 or Andrew.W.Moore @ncdenr.eov if you have any questions or concerns. Sincerely, G. Landon on, ervisor Wat er Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: John C. Vilas— McGill Associates, PA (via email) Tasha Alexander— USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC(via email) Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR401 and Buffer Permitting Unit G: \WR \WO\AveryW01 s \Non-D0T\Land Harbor Linville River Phase II\DRAFT_APRVL Phase2LinvilleRiverStabilintion .9- 14- 15.doe Water Quality Certification No. 3885 GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIP�RIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOSE ELIGIRt EFOR U!S. ARMY CORPS OF ENGINEERS N¢TIONWIDE PERrrdITNUMBERS 13 fBgNK STABILIZATION( AND 27IWETLAND AND RIPARIAN 'RESTORATION AND CREATIQNq; AND REGIONAL'.PEPMIT 197800089 iSULt4HEADS AND RIPRAPI AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) Water Quality Certification Number 3885 is issued inconformity 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 .0600 and 15A NCAC 02B.0200 for the discharge of 511 material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and Regional Permit 197800060 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B.0200. The State of North Carolina certifies that the specified category of activity will notviolate applicable portions of Sections 301, 302, 303, 386 and 307 of the Public Laws 92-500 and 96.217 if conducted In accordance with the conditions hareinafter set forth. .Activities meeting anyone (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division "j: a) All proposed fill or modification of wetlands and /or waters, Including streams and streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or creation activity, except for single and independent projects involving in- stream structures for the sole purpose of atreambank stabilization, which are designed based on current natural channel techniques, and do not exceed a total of three structures within 100 feet or less of streambanks. or b) Any stream relocations or c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize non natural. armoring such as'riprap, gabion baskets, deflection walls etc of greater then 150 feet in streambanklength; or tl) Bank Stabilization pr6jedg -4ui ahfying fdr'Nationwide Perme'13 for erosion proteotf0n _ which utilize natural atreambank sloping, vegetation, and other natural channel protection techniques of greater than 600 feet of streambank length, or e) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Weiland Rules (15A NCAC 02H ,0500) Isolated Wetland Rules (15A NCAC 02H. 1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A. NCAC 02B .0200);: or f) Any impacts to streams andlor 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 CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Water Quality Certification No. 3885 Water Quality Certification No. 3885 Activities Included in this General Certification that do not most 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, Activities shall meet the definitions design, and monitoring protocols specified within the US Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02 -02) and the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these documents. 2. 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. 3. 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 measnrea must he such that thev equal or exceed the reauirements soecified in the i 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. d. For borrow pit sites, the erosion and sediment control measures must he 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 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), SA WS -1, WS-11, High Quality (HOW), or Outstanding Resource QRW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 048.:0124,. Design Standards in Sensitive _ Watersheds.. Water Quality Certification No. 3885 2 Water Quality Certification No. 3885 4, 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 Indis- equillbrlum 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, 5. Construction:Stormwater Permit NCG010000 i 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), p inspection log sheets, and other information may be found at htio :// portal. ncdenr. oraiweb /wo /wsisu/nodegsw#tab•w . i 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(NC @000250) stormwater . permit. i 6, Construction Moratoriums and Coordination 1 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. (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anagromous fish, larval/ post -larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condtion 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. 7. 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. WaterQuallty Certification No. 3885 Water Quality Certification No, 3885 8. Riparian Area Protection (Buffer) Rules 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 or watershed with buffer rules). shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 028,0233, .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.. 9. 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: 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination . that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions plan form pattern and longitudinal bed and bed profile, and the various site$shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 11. All temporary piped culverts/ riprap pads etc, shall be installed in all as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification, 12. Any riprap required for proper culvert placement stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction. activity. All rip -rap shall burled 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 13. Any rip-rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization. measures 14. 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. 15, Applications for riprap groins proposed in accordance with 15A NCAC 07H ,1401. INC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust. Waters) must meet all the specific conditions for design and construction specified In IGA NCAC 07H .1405. Mater duality Certification No. 3885 Water Quality Certification No. 3885 16. Compensatory Mitigation In accordance. with 16A NCAC 02H .0506(h), compensatory mitigation maybe required for losses of equal to or greater than 150 . linear feet of streams (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.. Adetermination 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 onsite. Alternatively, the Division will accept payment into an in -lieu fee program or mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. 17. 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. 18. in the twenty (20) coastal counties, the appropriate DWQ: Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 19. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quaff standards. (Includinganyrequirements 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. 21. 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 shalt be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699 -1660. 22. 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. 23. 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.. Water Quality Certification No. 3885 Water Quality Certification No. 3885 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 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. 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 Charles.:Wakild, P.E. Director History Note; Water Quality Certification (WQC) Number 3885 issued March 19; 2012 replaces WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007; WQC Number 3495 issued December 31,. 2004; and WQC Number 3399 issued March 2001 This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide andlorRegional: General Permits and/or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No, 3885 6 REM North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary DWRProject No.: County: Applicant: 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 retained 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 Cernfrcation 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 Certdjlcation 1, - , hereby state tha% to the but 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 In is project was designed by a Cert yrre4Professionsf 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 Paradise 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. Date 401 A Buffer Peonhting Unit 1650 Mall Servlce Cal Neon, l Carolina 276994650 Phone: 91 U0763001 FAX: 9199076494 Internet: h ,11poflaLncdenrarowebAVghvs An Egoal Oppolluoityl AI%rmelive Action Employer,