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