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HomeMy WebLinkAbout20201766 Ver 3_Approval Letter_20240809Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 9, 2024 DWR # 20201766v3 New Hanover County Gold Bond Building Products, LLC Attn: Ms. Meghan Zehringer 838 Sunnyvale Drive Wilmington, NC 28142 Delivered via email to: Ilwaters@urbanengineers.com Subject: Approval of Individual 401 Water Quality Certification Gold Bond USACE Action ID. No. SAW-1994-03672 Dear Ms. Meghan Zehringer: Attached hereto is a copy of Certification No. WQC007019 issued to Ms. Meghan Zehringer and Gold Bond Building Products, LLC, dated August 9, 2024. This Certification replaces the Certification issued on April 25, 2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. THIS CERTIFICATION IS NOT A CAMA PERMIT. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person rt North Carolina Department of Environmental Quality I Division of Water Resources D �J) 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NOR1H CARouNa �/ 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 2 of 9 and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 3 of 9 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Michael Meilinger at 910-796-215 or michael.meilinger@deg.nc.gov if you have any questions or concerns. Sincerely, �gSigned by: Y"W� �OU/LGllt/'� �vux 6444B728F4111494... (U/ Morella Sanchez -King Wilmington Regional Operations Supervisor Division of Water Resources Electronic cc: Greg Currey, USACE Wilmington Regulatory Field Office Cameron Luck, DCM Morehead City Office Maria Dunn, NCWRC DWR 401 & Buffer Permitting Branch Electronic file Filename: 20201766v3_Gold Bond_IWQC_NHCounty_Aug.24.docx t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 4 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC007019 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 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Ms. Meghan Zehringer and Gold Bond Building Products, 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 September 11, 2020 with the modification request received on July 17, 2024, and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6. The State of North Carolina certifies that this activity will comply with water quality requirements and 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. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Permanent Amount Approved Temporary Plan Location or Reference Wetlands Coastal Wetlands N/A 0.007 acres XX credits Totals: N/A 0.007 acres XX credits Open Waters Maintenance Dredging N/A 3 acres Sheets Al thru A7, P1 & P2, and project narrative 20201766v1 Totals: N/A 3 acres This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910- 796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 028 .0221 If activities must occur during periods of high biological activity (e.g. 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. North Carolina Department of Environmental Quality I Division of Water Resources D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NOR H CAROL NA " 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 5 of 9 All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048 .0125 3. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (9) (9) Metals: (a) With the exception of mercury and selenium, acute and chronic tidal salt water quality standards for metals shall be based upon measurement of the dissolved fraction of the metals. Mercury and selenium shall be based upon measurement of the total recoverable metal; (b) With the exception of mercury and selenium, acute and chronic tidal saltwater quality aquatic life standards for metals listed in this Sub -Item shall apply as a function of the pollutant's water effect ratio (WER). The WEIR shall be assigned a value equal to one unless any person demonstrates to the Division in a permit proceeding that another value is developed in accordance with the "Water Quality Standards Handbook: Second Edition" published by the US Environmental Protection Agency (EPA-823-B-12-002). Alternative site -specific standards may also be developed when any person submits values that demonstrate to the Commission that they were derived in accordance with the "Water Quality Standards Handbook: Second Edition, Recalculation Procedure or the Resident Species Procedure." (c) Acute and chronic tidal salt water quality metals standards shall be as follows: (i) Arsenic, acute: WEIR. 69 ug/I; (ii) Arsenic, chronic: WEIR. 36 ug/I; (iii) Cadmium, acute: WEIR. 40 ug/I; (iv) Cadmium, chronic: WEIR. 8.8 ug/I; (v) Chromium VI, acute: WEIR. 1100 ug/I; (vi) Chromium VI, chronic: WEIR. 50 ug/I; (vii) Copper, acute: WEIR. 4.8 ug/I; (viii) Copper, chronic: WEIR. 3.1 ug/I; (ix) Lead, acute: WEIR. 210 ug/I; (x) Lead, chronic: WEIR. 8.1 ug/I; (xi) Mercury, total recoverable, chronic: 0.025 ug/I; (xii) Nickel, acute: WEIR. 74 ug/I; (xiii) Nickel, chronic: WEIR. 8.2 ug/I; (xiv) Selenium, total recoverable, chronic: 71 ug/I; (xv) Silver, acute: WEIR. 1.9 ug/I; (xvi) Silver, chronic: WEIR. 0.1 ug/I; t� North Carolina Department of Environmental Quality I Division of Water Resources D �127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaao_wa 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 6 of 9 (xvii) Zinc, acute: WER• 90 ug/I; and (xviii) Zinc, chronic: WER• 81 ug/I; (d) Compliance with acute instream metals standards shall only be evaluated using an average of two or more samples collected within one hour. Compliance with chronic instream metals standards shall only be evaluated using averages of a minimum of four samples taken on consecutive days, or as a 96-hour average; (12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 028 .0220 4. The permittee shall adhere specially to 15A NCAC 02B .0208 Standards for Toxic Substances and Temperature for Arsenic: 10 micrograms/1 (measured as Total Arsenic) Citation: 15A NCAC 028.0208 (a)(2)(8)(ii) 5 . Samples shall be collected at daily time intervals of one hour after system start-up, midway of the dredge process (6 hours) and one hour prior to system shutdown assuming a 12-hour day. Citation: 15A NCAC 02H .0507(c) 6 . The Permittee shall maintain a record of the daily equipment calibration and sample results at the required sampling intervals. Citation: 15A NCAC 02H .0507(c) 7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) 9. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best North Carolina Department of Environmental Quality I Division of Water Resources D ��� 127 Cardinal Drive Ext. Wipmington, North Carolina 28#05-5406 NOR H CAROL NA " 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 7 of 9 Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 028 .0231 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 8 of 9 13. All work in or adjacent to streams 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 Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200 14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) 16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231 18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) 19. The 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 t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaao_wa 910.796.7215 Docusign Envelope ID: C6516011-8236-440E-B241-AF9C458676C9 Gold Bond DWR# 20201766v3 Individual Certification # WQC007019 Page 9 of 9 §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 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 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(c)] This, the 9th day of August 2024 Morella Sanchez -King Wilmington Regional Operations Supervisor Division of Water Resources t� North Carolina Department of Environmental Quality I Division of Water Resources D � 127 Cardinal Drive Ext. Willmington, North Carolina 28#05-5406 NoalHCaaD_NA 910.796.7215