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HomeMy WebLinkAbout20151088 Ver 1_Approval Letter_20151026North Carolina Department of Environmental Quality Pat McCrory Governor October 26, 2015 Wade Harmon Duke Energy Lake Services Mail Code EC12Q PO Box 1006 Charlotte, INC 28201 -1006 Donald R. van der Vaart Secretary DWR It 15 -1088 Henderson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lake Summit Excavation Dear Mr. Harmon: You have our approval for the impacts listed below for the purpose described in the application submitted by All Aspects Design & Construction Inc. dated October 2, 2015, and received by the Division of Water Resources (Division) on October 20, 2015. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional 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 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 certifications) 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, General Permit and /or Buffer Rules 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 Open Water Impact 01 1.5 (acres) Dlvislon of Water Resources — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828- 296 - 4500 \FAX: 828 - 299-7043 Internet: http : / /portal.ncdenr.org/web /wq /ws An Equal Opportunity \ Affirmative Action Employer Lake Summit Excavation DWR415 -1088 401APPROVAL Page 2 of 3 2. 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. 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 turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B.0200. [15A NCAC 02B.02001 4. All mechanized equipment operated near surface waters 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 permittee /contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the 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), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] 5. Follow the recommendations stated in the North Carolina Wildlife Resources Commission comment email dated October 23, 2015. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 Lake Summit Excavation DW Rk 15 -1088 401 APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DEN R: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Greg Spinella —All Aspects Design & Construction Inc. (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) Natalie Berry — Henderson County (via email) Andrea Leslie — NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Henderson \4015 \Non - DOT \lake Summit Excavation \APRVL.LakeSummitExcavation .1026 - 15.dac /I Water Quality Certification No. 3898 GENERAL CERTIFICATION F(1R PRDJECTS.Ei 'FOR U.S. ARMY CORPS OF ENGINEERS REGIONAL PERMIT NUMBER 198200030 rfV& ORFERC REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198209979 HIOE LAKE AND RESERVOIR MAINTENANCE. REPAIR ANQDON$TRUCTION ACTIVITIE$V. AND RIPARIAN AREA PROTECTION RULESJBUFFER RULE! r 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 02B .0200 for the discharge of fill material to waters and wetland areas as described in the Wilmington District's. Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) In 1$A 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 96 -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'T 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 violations) of.DWQ Wetland 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 c) Any impacts to streams and/or buffers in the Neuse, Tar- Pamlico, or Catawba River Basins or M 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. 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 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 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 with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1071, d:. Sufficient materials required for stabilization and /or repair of erosion control measures and slormwater 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 WSA 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 15A NCAC 04B.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, 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 dls- equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR). or locally delegated program has released . the specific area within the project. 4. Construction Stormwater Permit NCO01QQ00 An NODES 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 httoa /oortatncdenr orb /web /wo /ws /sulnodessw#tab w:. Water Quality Certification No. 3898 2 f 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) 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),.NG. 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 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 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)Rules wellands 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 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. 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 aquatic 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 ofrecordinq of the oronertv or of individual lots whichever Is appropriate A - sample deed notification can be downloaded from the 401/Wetlands Unit web site at r htto// portal.nodenroratweh/wo /swo /wa/ 409 /ceitsandt)ermits /apoly /forms. The text of the sample deed notification maybe. modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 12. If an environmental document is required under the National or State Environmental Policy Act (NEPA or $EPA), 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 Office must be contacted to determine if Coastal Stormwaler 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 applicantlpermittee 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 or laws are not being met including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 16. When written authorization is required for use of this certification, upon completion of all .permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion: attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh NC, 27699 -1650. 17. Additional site - specific conditions, including monitoring and/or modeling requirements, may be added to the written approval: letter for projects proposed under this Water Quality 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 ofthis 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. 3898 Water Quality Certification No, 3898 Public hearings may be held for specific applications or group of applications prior to 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 7�2avc Charles Wakild, P.E. Director History Note: Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC Number 3693 issued November 1, 2007, WQC Number 3639 issued March 19, 2007 WQC Number 3492 issued December 31, 2004; and WQC Number 3373 issued March 18 2002„ This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and /or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3898 5 North Carolina Department of Environmental Quality Pat McCrory - Donald R. van der Vaart Governor Secretary DWR Project No.: County: Applicant: Project Name: Date of Issuance of40l 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 in D WR 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 Cerdfcation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If th is project was designed by a Cert(Red Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date 4018 Buller Pe. thn9 Unit 1650 Mai Semire Cantor, FnAigh, North Corolina 27699 -1650 Phone'. 919 SUM3001 FAX 919 807 -6494 Weiner hOp:Ilponatncdencorg&.rMgA, AnF niil0,,nnnityl AlGrmabvo Agtlon Fmployer