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Home My WebLink About20150596 Ver 1_Approval Letter_20150928North Carolina Flepatmnp0trf Environmental QUaUtm Pat McCrory Governor September 28, 2015 Cleveland County Attn: Mr. Sam Lockridge, U| 25O Fielding Road Cherryvi|le,0C28O2I Donald R. van derVaBil Secretary DVVR#15-O59G Cleveland County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Cleveland County Landfill Expansion USACE Action ID. No. SAW-2015-00736 Dear Mr. Lockridge: Attached hereto is a copy of Certification No. 4029 issued to Mr. Sam Lockridge, III and Cleveland County, dated September 28, 20I5. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided inArticles 3 and 4of General Statute I5OBbyfiling 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 OAHat Or6»[aUin# the OAH Clerk's Office at(9I8)431-300O 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 8:00ann and 5:00pnn, excluding official state The petition may befaxed to the C)AH at /919\431-31OD. 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 UJ Postal Service: If sending via delivery service (UPS, FedEx,etc): Dvioionof Wot& rReomace -4O1& Buffer Pomit8nQUn8 1817 Mail Service Center.RAigh.Nor#� Carolina 276S-1817 Location�512NSoksbury St, Raleigh, NoftCamina2760N Phnn* 910-807 6300\FAK919-807�6482 |ntemet www nowaterquaKymg Cleveland County DWR#l5O596 Individual Certification #4029 Page 2 of 7 Office of Administrative Hearings Office nfAdministrative Hearings G714 Mail Service Center 17l1 New Hope Church Road Raleigh, NC27699-6714 Raleigh, NC27GO9-6285 One (1) copy of the petition must also be served to DENR: Sam K4.Hayes, General Counsel Department of Environment and Natural Resources 1GO2 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15ANCACO2H.O500. Contact Alan Johnson 3t7O4-2S5-22OOOra)an.johmson@n Or]enniferBurcletteat9I9-OO7-5SG4orjerin�fer.burdette@mcderi[.ggy if you have any questions or concerns. cc: Rebekah Newton, ClearWater Environmental Consultants, Inc., 32 Clayton St., Asheville, NC 28801 USACE Asheville Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, G1 Forsyth Street SW, Atlanta, GA 30303 DVVRMR(]4O1file DVVR4OI & Buffer Permitting Unit file Filename: IE0596C|eve|and[ountyLandfiUExp(Oeve|and)-401-IC.docx Cleveland County DVVR#15-U596 Individual Certification #4Q29 Page 3 of 7 The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the conditions of this Certification are met. No other impacts are approved, including incidental impacts. [25A 404/401 Wetlands Streams 2. Compensatory Mitigation Permanent 0.32 (acres) 562 (linear feet) Temporary 0 (acres) 0 (linear feet) Mitigation must be provided for the proposed stream impacts as well as stream impacts completed under a previous General Certification as specified in the table below. The to meet this mitigation requirement. Until the DIVIS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DIVIS to meet the following compensatory mitigation Individual Certification #4029 Compensatory River & Sub- Mitigation Required basin Number Broad Stream 562 (f��\ ` ' 03050105 3. Municipal Solid Waste Permit Full compliance with Municipal Solid Waste Permit 2301-MSWLF-2009, issued by the Division of Waste Management (DWM), is required. The Division shall be copied on any request for modification to the Municipal Solid Waste Permit. [15A NCAC 02H .0506(b)(2) Full compliance with NPIDES Stormwater Permit NCG120072, issued by DEMLR, is required. The Division shall be copied on any request for modification to the Stormwater Permit. [15A 5. 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 for this project. 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. [15A NCAC 02H .0501 and .0502] 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. |f applicable, the project noustconnplyvviththeSpedficCOndition5 and requirements o{ the NPDES Construction StOrrnvvater Permit issued to the site and the following requirements [15ANCACO2H .0506(b)(3\ and (C)(3)l: 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 Onall 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 with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Cleveland County DWR# 15-0596 Individual Certification #4U29 Page 5 of 7 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. 7. 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 toor 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 uF the date that the Division of Energy, Mineral and Land Resources /DEK1LR\or locally delegated program has released the specific area within the project. [15AN[ACO2H .O501 and .O5O2] 8. Construction Stormwater Permit NCG010000 An NPDES Construction StornmvvaterPern)it is required for construction projects that disturb one (l) or more acres ofland. This Permit allows stmrrnvvatertobe 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 isrequired. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: sm/npdessvo#tab -wv. I5ANCACO2H.0506(b)(5) aMd 9. 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. [I5A NCA[O2H.O5O5/bV3\ and (c)(3\l IO. 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. [15ANCACO28.02001 II. 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. [25AN[A[02B.02]I] Cleveland County DVVR#15-U596 Individual Certification #4029 Page 6of7 12. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 13.[ontinuinR CornoUance Mr. Sam Lockridge, III and Cleveland County shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A N[AC 028 .0200] If the Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Sam Lockridge, III and Cleveland County and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCA[O2H.O5O4. Any new or revised conditions shall be provided to Mr. Sam Lockridge,III and Cleveland County in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 4O4 Permit for the project. 14. This approval is for the purpose and design described in your application and 3s described in the Public Notice. The plans and specifications for this project areinuorporatedbynefenence and are an enforceable part of the Certification. |f you change your project, yournustno1ifv the Division and you may be required to submit a new application package with the appropriate fee. |f the property is sold, the new owner must be given a copy ofthis Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15AN[A[O2H.O50Iand 15. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the OVVR4O1& Buffer Permitting Unit within ten days of project oonnp|etion (available at: �.�Cdemr.or�/Web/xvq/sW0�/*�S/40�6rextsandpermnitS/@ppiV/fornmsi 1G. This certification grants permission to the director, an authorized representative of the Director, orDENRstaff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A0CACO2H.0502/e\] This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life nf the project, regardless ofthe expiration date of this Certification. [15ANCA[02H .0507/dV2\ and 15ANCA[ Cleveland County IDWR# 15-0596 Individual Certification #4OZ9 Page 7 of 7 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result incriminal and/or civil penalties. This the 28th day of September 2OI5 Karen Higgins, Supervisor 4O18' Buffer Permitting Unit HIM