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HomeMy WebLinkAbout20140727 Ver 1_Approval Letter_20160210W a 1h"? , R(SoUt LNV" RCPOIII`AYl61 41UAU I Hanson Aggregates Southeast, LLC Attn: Mr. Jack Garvey 2101 Gateway Centre Blvd., Ste 100 Morrisville, NC 27.560 P A I N/1 C'CR 0 R Y (,,Vt Y"I'll DONA[ 1) R. VAN DER VAAR] 'I, , (<w01 I SJAY /[NINIL'RMAN MI',',' W DWR # 14-0727 Wake County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Hanson Crabtree Quarry Expansion USACE Action ID, No. SAW -2014-01246 Dear Mr, Garvey: Attached hereto is a copy of Certification No. 4048 issued to Mr. Jack Garvey and Hanson Aggregates Southeast, LLC, dated February 10, 2016. 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 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 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. StatcofNoriiiCarolina , i:n% irtnimenta I Qua lit), I Water Resourm 1617 Mail survice Center I Raleigh, North Carolina 27649-1617 X919 807 6300 Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certification #4048 Page 2 of 9 mim =.-Pss •wzq If sending viO US Postol Service: if sending via delivery service (UP -5, 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 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 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 15A NCAC 02H .0500. Please contact me at 919-807-6360 or karen.hi ins-@ncdeDL.gov or Jennifer Burdette at 919-807-6364 or if you have any questions or concerns. Sincerely, A44 Karen Higgins, Superz, r 401 & Buffer Permitting Branch cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Ste 104, Raleigh, NC 27615 Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 USAGE Raleigh Regulatory Field Office DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 140727HansonCrabtreeQuarryExp(Wake)_401—IC.docx Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certification #4048 Page 3 of 9 CERTIFICATION #4048 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, to Mr. hack Garvey and Hanson Aggregates Southeast, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 27, 2015 and subsequent information on November 12, 2015 and February 4, 2016,.and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 28, 2015. 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 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 of Certification: 1. 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. [15A NCAC 02B .0506(b) & (c)J _—___ _._ ................... Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary _________._ ._._. Stream..._.._.____ _.... S1— perennial —.._..._.......__....__.._.............. 707 (linear feet) 0 (linear feet) S2 - perennial 0 (linear feet) 18 (linear feet) S3 - perennial 0 (linear feet) 73 (linear feet) S4 - perennial 419 (linear feet) 0 (linear feet) _. S5 - intermittent 137 (linear feet) 0 (linear feet) S6 - perennial 543 (linear feet) 0 (linear feet) S7 - perennial 51_0 (linear feet) _ _..._...0 0 (linear feet) S8 - perennial (linear feet) 1.1.6 (linear feet) Stream Totals 2,316 (linear feet) v 207 (linear feet) 404/401 Wetlands W1 � 0.03 (acres) 0 (acres) W2 _ _ rrµ 0.01 (acres) _ 0 (acres) 404/401 Wetlands 0.04 (acres) 0 (acres) Totals Hanson Aggregates Southeast, LLC DWR# 14-0727 lndividuai Certification 44048 Page 4 of 9 Emu Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. Until the EEP 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 EEP to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1: Compensatory Mitigation River & Sub -basin Required Number Neuse Stream 2,179 (feet) 03020201 3. Mining Permit Full compliance with Mining Permit 92-03, issued by the Division of Energy, Mineral and Land Resources (DEMILR), is required. The Division shall be copied on any request for modification to the Mining Permit. [15A NCAC 02H .0506(b)(2) & (c)(2)] 4, NPIDES Stormwater Permit Full compliance with NPDES Stormwater Permit NCG020052, issued by DEMLR, is required. The Division shall be copied on any request for modification to the Stormwater Permits. [15A NCAC 02H .0506(b)(5) & (c)(5)] Stream Relocation The Division approves the Conceptual Stream Relocation Plan provided in the application and dated July 27, 2015 and subsequent information received by the Division on November 12, 2015. Final design plans for the stream relocation shall be submitted to the Division for approval prior to construction. • 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. [15A NCAC 02H .0506(b)(2)] • Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer shall be protected from mowing or clearing. [15A NCAC 02H .0506(b)(2)] • Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals, [15A NCAC 02H .0506(b)(2)] • Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certification #4048 Page 5 of 9 • Visual monitoring of the stream relocation 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 401 & Buffer Permitting Branch to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] • Water shall not be released into the anew channel until the stream and banks are 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] 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. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H 0506(b)(3) and (c)(3)]: 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 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. Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certification #4048 Page 6 of 9 8. Sediment and erosion control measures shall riot 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 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 Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project, [15A NCAC 02H .0501 and .0502] 9. Construction Stormwater Permit NCG010000 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), inspection log sheets, and other information may be found at: 1:�qp J/postal ricdenr_orgZweb wq/ws/su/npdessw�Ltab.-w. 15A NCAC 02H .0506(b)(5) and (c) (5)] 10. 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. [15A NCAC 02H .0506(b)(3) and (c)(3)] 11. 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. [15A NCAC 02B .0200] 12. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H .0506(bKLandc 2)1 JJJ_ Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to 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. Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certification #4048 Page 7 of 9 Placement of culverts and other structures in waters, streams must be below the elevation of the streambed by one (1) 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 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA -designated 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 rip rap or other bank hardening methods. 13. 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 sites shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)1 14. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium, [15A NCAC 02H .0506(b)(2) a n d (c) (2)] 15. 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 riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in destabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 16. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Hanson Aggregates Southeast, LLC DWR# 14-0727 Individual Certificafion -94048 Page 8 of 9 17, 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, [ISA NCAC 02B .0231] 18, This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 19. Continuing Compliance Mr. Jack Garvey and Hanson Aggregates Southeast, LLC 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 NCAC 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. Jack Garvey and Hanson Aggregates Southeast, LLC 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 NCAC 02H .0504, Any new or revised conditions shall be provided to Mr. Jack Garvey and Hanson Aggregates Southeast, LLC 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 project. 20. 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. If you change your project, you must notify the Division and you may be required to submit a new application package with the 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. [15A NCAC 02H .0501 and .0502] 21. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http://pol'tal.ricdernr.org web w e, rts qEL�p i Ls fgErn L_g/.s_Vp/ Qjjg_ _f_�!DL Japp_!yL [15A NCAC 02H .0502(f)] 22. 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. [15A NCAC 02H .0502(e)] Idarrson Aggregates Southeast, LIC DWR# 14-0727 Individual Certification #4048 Page 9 of 9 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 LAMA 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in crir-ninal and/or civil penalties, This the I.Oth day of February 2016 Karen Higgins, Supel 401 & Buffer Permitting Branch MM