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HomeMy WebLinkAbout20051071 Ver 3_Approval Letter_20151104North /-ar[>UMa Department {)fEMuirC}nMnenta� Quality Flat McCrory Govei nor R/S/H Home Appliances Corporation Attn: Mr. Timothy [.Harvey 190I Main Street, Ste OOO Irvine, [A926l4 Donald van der Vood Secretary Subject: Approval ofIndividual 401 Water Quality Certification with Additional Conditions 8/S/H Home Appliances Logistics Center USACE Action ID. No. SAW--2006-41372-125 Dear Mr. Harvey: Attached hereto is 3 copy ofCertification No. 3670 issued to Mc Timothy C. Harvey and 8/5/H Horne Appliances Corporation, dated November 4, 2015. This Certification replaces the Certification issued on August 22,2007 that has expired. 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 in Articles 3 and 4OfGeneral Statute 15OBbvfiling a written petition for @n 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 hi�tr): ocoah,coni/or by calling the OAH Clerk's Office at (9I9) 431-3000 for information. A petition is considered filed when the original and one /I\ copy along with any applicable DAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00arn and 5:00prn, excluding official state The petition may be faxed to the OAH at (919)431-510O, 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, Division of Water Rescxumes-401&Buffe�Pen"niftingUnit 1017 Mail Service Ca/e[ Raleigh, North Carolina 27O891G17 Locafion�512N Salisbury S\ Raleigh, North Carolina Z004 Phone: Q1B �807 -630 \ FAX � 919­807-6482 |nfenet�wwwocwa�equality,oy Mailing address for the OAH: If sending via UJ Postal Service: Office Of Administrative Hearings 67l4 Mail Service Center Raleigh, N[27599-67l4 B/S/H Home Appliances Corporation DVVR#O5-lO7lv3 Individual Certification #3670 Page 2 of 7 If sending via delivery service (UPS,FedEx,etc): Office Uf Administrative Hearings l7II New Hope Church Road Raleigh, N[37G0B-6385 One (1) copy of the petition must also be served to DENR: 3urn M. Hayes, General Counsel Department o1 Environmental Quality 16O1 Mail Service Center Raleigh, N[27699-I6Ol 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 I5A NCA[ 02H O500. Contact Anthony Scarbraugh at 252-948-3924 Or Gnt�iUny.5C@r[,)raug�)(�i)PCdenr.gOv Or Jennifer 8U[clette at 919-807-6364 Or iennifer. bur dett2@Occlen[gOvif you have any questions Orconcerns. cc: Robert M Chiles, Robert M. Chiles, PE, PO Box 349G, New Bern, N[28564 USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DVVRVVaR[)4Olfile DVVR4OI8' Buffer Permitting Unit file Filename: 05107lv3BSHHomeApplianceLogisticsCenter(Craven)_401_IC—Reauth.docx B/S/H Home Appliances Corporation Individual Certification #3670 Page 3ot7 CERTIFICATION #3670 is issued in conformity with the requirements of Section 401, Public Laws 92-5OO and 95-3l7of the United States and subject tO North Carolina's Regulations iD15N[AC 02H .0500, to Mr. Timothy C. Harvey and B/S/H Home Appliances Corporation, who have authorization for the impacts listed below, a5 described within your application received b«the N.C. Division of Water Resources (Division) On October 8, 2015, and by Public Notice issued by the U.S. Army Corps of Engineers and received hy the Division on April 2,2OI5. The State of North Carolina certifies that this activity will not violate the applicable portions Of Sections 8OI,3O2,SO3,3O6,3O7Of the Public Laws 92-5OO and PL95-2l7if conducted iD accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions OfCertification: l. Impacts Approved 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. |l5AN[ACOZH.05O6/b\&/c\] Type of Impact 404/401 Wetlands Site I 2. Compensatory Mitigation Amount Approved Amount Approved (units) (units) Temporary Permanent | I.O2(acre) | O(8cre) Mitigation must be provided for the combined proposed impacts (1.02 acres 404 wetland) and previously approved impacts (045 acre of 404 wetland) as specified in the table b2|Ovv.[I5A Compensatory River and Mitigation Required Sub-basin Number Neusp/ -' 404 Wetlands 1.47 (acres) ` ' 08030202 A receipt from the NC Ecosystem Enhancement PrOgnsrn (currently the Division of Mitigation Services) dated October 9, 2008 indicates that 2.04 acres of 404 non-riparian wetland mitigation credit have been purchased for the project. B/S/H Home Appliances Corporation DWR# 05-1071 v3 Individual Certification #3670 Page 4 of 7 3. Stormwater Management Plan You are required to provide one Copy of the stonnvv@ter rnan8g2nn2nt plan /5K4P\ approval letter from the Division Of En2rgy, Mining and Land Resources (DEK4LR) 1O the DVVR 40I /& Buffer Permitting Unit /1bI7 Mail Service Center, Raleigh, N[ 27699-l6I7\ before any impacts authorized in this certification occur. The project rnVSt be constructed and maintained in compliance with the approved SMP. After the approval letter is submitted to the Division, the SMP may not be modified without prior written authorization from OEMLR. If the SK4P is modified in the future, then you 5h8U provide an approval letter for the modifications to the OVVR 40I 8, Buffer Permitting Unit prior to the commencement of the modifications. [15A 4. 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 NCA[ OJH .0501 and .0502l 5. Sediment and Erosion Control 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 rnustconnp|yvviththeSpecificc0nditiOnS and requirements Of the NPDES Construction StOrrnvvater Permit issued to the site and the following requirements [15AN[A[07H .0505(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 Monuol. The devices shall be maintained on all construction Sites, borrow sites, and waste pile /SpOi|\ projects, including contractor-owned or leased borrow pits associated with the project. L 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 Monuol. 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 Ofl971. d. Sufficient rnatehG|5 required for stabilization and/0r repair oferosion control measures and stormwater routing and treatment shall be on site at all times. B/S/H Home Appliances Corporation DWR# 05-1071 v3 Individual Certification #3670 Page 5of7 6. 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. |f 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 Of the date that the Division of Energy, Mineral and Land Resources (DE&4LR) or locally delegated program has released the specific area within the project. [15AN[A[02H .0501 7. Construction Stormwater Permit NCGO10000 An NPDESConstruCtinn 5tonnvvaterP2nmit is required for construction projects that disturb one /I\Ormore acres 0fland. This Permit allows st0rn0vvatertObe 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 8' sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements i3required. A copy ofthe general permit (NCGOI0DOO), inspection log sheets, and other information may be found at: h portal. nCdenr O q/wS/Su/nr)d2Ssvv#Lab-Vv. I5A N[A[02H D506(b)/5\ and 8. 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 N[ Sediment and Erosion Control Manual, or the N[ DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used tO minimize excavation iD flowing water. |I5A 9. If concrete i3 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 nf the state due tO the potential for elevated pH and possible aquatic life/fish kills. [15AN[A[02B.0200] 10. A one-time application Vf fertilizer k] re-establish vegetation is aUOmxsd 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. [I5ANCA[03BD231] 11. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, Or Local approvals. B/S/H Home Appliances Corporation DVVR#05-l07l0 Individual Certification #3670 Page 6 of 7 12. Continuing Compliance Mr. Timothy [. Harvey and A/S/A Home Appliances Corporation 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. [I5ANCA[02B.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. Timothy C. Harvey and A/S/H Home Appliances Corporation and the U.S. Army Corps of Engineers, provide public notice in accordance with l5ANCA[02H.O5O3 and provide opportunity for public hearing in accordance with 15AN[A[U2H.O5O4. Any new or revised conditions shall be provided to Mr. Timothy C. Harvey and B/S/H Home Appliances Corporation 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 404 Permit for the 13. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. |f you change your project, yournustnotif« 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. [l5ANCA[O2H.O5Dland 14. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the UVVR4Ol & Buffer Permitting Unit within ten days 0f project COrnp|2tion (available @t: portal nC�enr� q�wc�S�OI���S � [I5AN(� � 15. 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. [I5ANCA[02H.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 of the project, regardless of the expiration date of this Certification. [I5A NCA[ 02H .0507/d\(2) and 25A N[A[ 02H .0506] 8/3/H Home Appliances Corporation DVVR#O5-107lv3 Individual Certification #367O Page 7of7 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 4th day of November 2015 � Karen Higgins, Supervisor ~ 4OI& Buffer Permitting Unit