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HomeMy WebLinkAbout20151281 Ver 1_Approval Letter_20160111K -C Water Resources ENVIRONMENTAL QUALITY January 11, 2016 EFA Properties, LLC Attn: Lee & Suzie Terrell 451. East Shore Drive (B -A L52&54) Lake Toxaway, NC 28747 PAT MCCRORY co- DONALD R. VAN DER VAART su.wary S. JAY ZIMMERMAN DI -R, D W R JJ 15-1281 Transylvania County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Terrell Seawall — Lake Toxaway Dear Mr. & Mrs. Terrell: You have our approval for the impacts listed below for the purpose described in your application, received by the Division of Water Resources (Division) December 9, 2015. These impacts are covered by the attached Water Quality General Certification Number 3883 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 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, and Water Supply Watershed 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 Open Water 0.02 Acres 0.02 Acres Water Quality Regional Operations—Asheville Regional Office, 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828-29645001 FAX: 828-299-7043 Internet. htlp:llportal.nodenr.oyM1vebMglws An Equal OpporlunlNtAf@mefive Adon Employer Terrell 5e.w.11 OWRW 15-1281 401 Approval Page 2 of 4 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 maybe required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 4. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated December 22, 2015 (attached). 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 calendar days. A petition form may be obtained from the OAH at httio://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 S: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 withanyapplicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Terrell Seawall DWR# 15-1281 401 Approval Page 3 of 4 Mailing address for the OAH If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, Q G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC3883 Certification of Completion NCWRC letter dated December 22, 2015 Terrell Seawall DWR# 15-1281 401 Approval Page 4 of 4 ec: Terry Allen—T.E. Allen Engineering, PC David Brown - USACE Asheville Regulatory Field Office Andrea Leslie —NCWRC Stan Aiken — DEMUR cc: DWR ARO 401 file DWR 401 & Buffer Permitting Unit file G:\WR\WQ\Transylvania\40IsWon-D0Merrell Seawall - Lake Toxaway\APRVL.401TerrellSeawalll-1 Ll6.doc.docx Fox, Tim From: Leslie, Andrea J - - - -"- Sent: Tuesday, December 22, 2015 1:19 PM To: Brown, David W SAW Cc: - Fox, Tim Subject: New Boulder Seawall for Lee & Suzie Terrell - NCWRC comments Hi David, I have reviewed the information sent to me on the New Boulder Seawall for Lee & Suzie Terrell Project on Lake Toxaway in Transyvlania County. Terry Allen provided photos of the site, and clarified that, the project involves 50 feet of wall repair and 150 feet of new seawall with drystack boulder seawall and a rip rap toe, We do not object to the project as long as it addresses an active and appreciable shoreline. erosion problem. A photo provided only shows the section of shoreline subject to wall repair; this photodoes not demonstrate any appreciable shoreline erosion. In addition, the application does not state that the 150 feet of shoreline - proposed for a new wall is eroding; no photos were provided for this reach, either. Where there is erosion, - rather than hardening the shoreline, we recommend using a bioengineering approach if at all possible, involving bank sloping and planting. The shoreline provides important habitat for wildlife. Fallen trees and other large woody debris along the shoreline are especially important, providing cover for various sunfish, largemouth bass, and other fishes hf the lake. In, addition, trees and shrubs above the waterline not only stabilize banks but also serve as habitat for wildlife such as song birds. We offer the following recommendations to minimize impacts to terrestrial and aquatic wildlife: 1. Avoid installation of boulder wall where there is no active and appreciable erosion. 2. Where a stabilization is implemented, large woody debris should be left in place or moved temporarily and replaced after stabilization work is complete. 3. We recommend that the landowners retain as many shoreline trees and shrubs as possible, mid urge them to plant additional native herbaceous vegetation, shrobs; and trees to improve riparian habitat. Recommendations for native species are available in NC Cooperative Extension's guide on small- scale solutions to eroding stream banks, available here:. bttps://www.bae.ncsu.edu/srp/pdfs/online- BYSRGuide2075.odf. Thank you for the opportunity to review andcomment on this project. Please contact me if youhave any questions about these comments or need further assistance. Andrea Andrea Leslie Mountain Habitat Conservation Coordinator NC Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Water Quality Certification No. 3883 Water Quality Certification Number 3883 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 (DWQ) Regulations in 15 NCAC 02H .0500 and 15 NCAC 02B.0200 for the discharge of fill material to waters and Welland areas which are waters of the United States as described in 33 CFR 330 Appendix A (B) (3 4, 5, 6, 7, 19 20, 22, 25 30 32, and 36). and Regional Permits 197800056 and 19780125 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 not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-21.7 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. Impacts equal toor greater than 40 linear feet of additional permanent stream impact. (including stream relocations) at an existing stream impact location; or b.: Temporary or permanent impacts equal to or greater than one-tenth (1110) of an acre: of wetlands;. or .1300) DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 02B.0200); or d. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basinor watershed with Riparian Area Protection Rules [Buffer Rules] ineffect 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 alsorequires a LAMA 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 ono 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 .3883 i I Water Quality Certification No. 3883 f Conditions of Certification: 1. No Impacts Sevond 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 Construclion'Notification. as. authorized in the written approval from the Division or beyond l the thresholds established for use of this Certification without written authorization, including incidental impacts, All construction activities including (he 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 Erosionand sediment control practices must be in full compliance with all specifications governing the proper design, installation andoperation 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. d'.. Sufficient materials required for stabilizationand/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 -I, WSJ -It 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 048.0124, 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 conducted in a manner that may result in dis-equllibrium of wetlands stream beds, or adjacent to or upstream and downstream of the above structures All sediment and control devices shall be removed and the natural grade restored within two (2) months date that the Division of Land Resources (DLR) of locally delegated program has rele thespecific area within the project. Water Quality Certification No. 3883 2 Water Quality CertificationNo. 3883 4. Construction StorMwater Permit NCGO10000 An NPDES: Construction Stormwater Permitis required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwaterto 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. Acopy of the general. permit (NCG010000), inspection tog sheets, and other information may be found at http:/loortal.ncdenr.oro/web/wolves/su/npdessw#tab.w'. The North Carolina Department of Transportation (NCDDT), shall be required to be in full compliance With the conditions related to construction activities within: the most recentversion of their Individual NPDES (NCS000250) stormwater permit. 5. 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. Approvedbest. management practices from the most current. version of the NC Sediment and Erosion Control Manual, or the No DCT 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. 6, Construction. Moratoriums and Coordination If activities: must occur during. periods of high Nofogieal activity (i.e. sea tulle nesting, fish spawning, or bird nesting),.. then biologicalmonitoring may be: required at therequest of other state or federal agencies and coordinated with these activities. on construction activities established by the NC Wildlife. ;t -larval fishes and crustaceans, or other aquatic species of concern shall be Exceptions to this condition require written approval by the resource agency .r the given moratorium. Work within the twenty-five (26) 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. .Riparian Area Protection Rules (Buffer Rules) Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar-Parn ico, 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 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.. i i Water Quality Certification No. 8883 3 i ,— Water Quality Certification No. 3883 8. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a. manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions pattern, and longitudinal: profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be belowthe elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48. inches, to allow low flow passage of water and aquatic life, When topographic constraints indicate culvert slopes ofgreater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movemenll connectivity has been provided when possible. (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to Include a location map of the culvert, culvert profile drawings and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert, When. bedrock Is present In culvert locations, culvert burial is not requiredprovided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such: as but not limited to a location map Of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the Installation of the culvert. If bedrockis discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery, If other site-specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated. that burying: the culvert would result In destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by the Division of Water Quality, regardless of the total Impacts to streams or wetlands from theproject. of culverts in wetlands must ensure continuity of water movement and be floodways or wetlands, openings Such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native,woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods, 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 towaters of thestate due to the potential for elevated pH and possible aquatic life( fish kills. 10 Applications for torso groinsproposed in accordance with .15A,NCAC.07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific for design and construction specified in 16A.NCAC 07H .1406. Water Quality Certification No. 3883 Water Quality Certification No. 3883 11. Bridge deck drains shall not discharge directly Into the stream Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed $wales, pre- formed scour holes, vegetated buffers eto):before entering the stream. Please refer to the most current version of Stormwater Best Management Practices Exceptions to this condition require written approval by the Division, 12. Compensatory Mitigation In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands.. For linear public transportation project$,:impacts equalto or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effectat thetime of application for activities classified as 'Allowable with Mitigation or "Prohibited" within the Table of Uses, A- determination of buffer, wetland andstream mJtigatlon requirements shall be made for 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, Compensatc 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 impac occur on site, Alternatively, the Division willaccept payment: into an in -lieu fee program or mitigation bank. In these cases, proof of payment shall be any impacts occur on site. 13. Alltemporary fill and odverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary impact i6 no longer necessary. The impacted •areas shall be restored to original. grade, including. each stream's original cross sectional dimensions plan formpattern and lottgnudlni bed and bed profile, and the various sites shall be stabilized withnatural woody vegetation (except for the .approved maintenance area's) and restored to prevent erosion. the most recent edition of the North Carolina Sediment and Erosion Cc Design Manual or the North Carolina Surface Mining Manual soasnot or causedls-equilibrium during use of this General Certification: 15- Any riprap required for proper culvert placement stream stabilization or restoration of temporarily disturbedareasshall be restricted to the area directly impacted by the approved construction activity, All rip -rap shall 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. 16. 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 shallnotbe installed.in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 17. A one-time application of fertilizer to re-establish vegetation Is allowed in disturbed areas including riparianbuffers, 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. Water Quality Certification No. 3883 Water Quality Certification No. 3883 18. 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 Finding. of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State. - - Clearinghouse. 19.. In the twenty (20) coastal counties, the. appropriate DWQ Regional Office must be contacted to determine if Coastal StormwaterRegulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or Local approvals. ' 21. The applicant/permittee 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(4) 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 i being violated, or that further conditions arenecessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorizationis required for use of this certification upon completion of all permitted impacts included within the approvaland any subsequent modifications,. the applicant shall be required to return the certificate of completion attached to the approval. One copy of thecertificateshall be sent tothe 'DWQ Central Office in Raleigh at 1660 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site-specific conditions, including monitoring and/or modeling requirements, may be addedto 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. 24.. 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 businesshours 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 theproject, 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 asignificant adverse effect upon water quality,iincluding state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetiand or downstream waters are precluded. - Water Quality Certification No, 3883 6 Water Quality Certification No. 3883 Public hearings may be 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 3883 issued March 19, 2012 replaces. WQC Number 3687 issued November 1, 2007, WQC Number 3624 issued March 19 2007, WQC Number 3494 issued December 31, 2004; and WQC Number 3$76 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. 3883 7, Y Water Resources ENVIRONMENTAL ocAu.v PAT MCCRORY Governor DONALD R. VAN DER VAART Seemmry S. JAY ZIMMERMAN orremr WR Project 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 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 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 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: pf this project was designed by a Certified 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 Permitce 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 slam1MRI,Rs.Gt tauvUoomevlel Raaa µ'^lerau1611 1611 Mail eenicoCmlee 970i%NOM Caralw 1]659-1611 919]0]9000