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HomeMy WebLinkAbout20140727 Ver 2_401 Application_20160516Burdette, Jennifer a From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Tuesday, May 03, 2016 8:19 AM To: Burdette, Jennifer a; Shaeffer, David L SAW (David.L.Shaeffer@usace.army.mi1); Gibby, Jean B SAW (Jean.B.Gibby@usace.army.mil) Subject: RE: Hanson Quarry Attachments: Hanson Crabtree_DWR Certification # 4048_2-10-2016.pdf, Neu -Con SOA Hanson Quarry Expansion 042816.pdf, Hanson Crabtree Quarry Expansion.pdf I wanted to provide you the latest availability letters for Hanson Crabtree. The DIVIS letter expired and the banks now have credits available (or at least RES). So, we now have two letters (attached). One from RES • • - from ! - if you-• to modify Condition N• 2 of - 401 Certificationor • !. - •• • -1101151 VIRMIMMINI • -I. - • Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA From: Burdette, Jennifer a[mailto:Jennifer.Burdette@ncdenr.gov] Sent: Wednesday, February 10, 2016 1:52 PM To: Bob Zarzecki; Shaeffer, David L SAW (David.L.Shaeffer@usace.army.mi1); Gibby, Jean B SAW (Jean.B.Gibby@usace.army.mil) Subject: Hanson Quarry Attached is a copy of the 401 approval for the subject project. A paper copy follows via US Mail. Jennifer Burdette 401/Buffer Coordinator Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality 919 807 6364 office iennifer.burdette@ncdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t" Flr Archdale Bldg — Room 942F) �t Email corretil'.Jol?"'{,ence to and ii`orn thio; a('{"'{I`ess o; sut yect to t1he P,Iodhl Carolina Public Records L w and 1`Y7av be ftl`ii:'losed to tr'loird I'.'s'ai{`ies, Waler Resources L!d`vjR0NP't N IAL QU,.,,,t,f February 10, 2016 Hanson Aggregates Southeast, LLC Attn: Mr. Jack Garvey 2101 Gateway Centre Blvd., Ste 100 Morrisville, NC 27560 DONALD R. VAN DE'R VAART S. Jt"1.i ZIft`1ib'1E:R=ti'1/illi 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 'mater 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 1508 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 foram may be obtained from the OAH at http: /www.ncoah.corn/' 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. State A'N rth Carolina i Em iroratnental €jualit) I Water Resources 1617 Mail service Center I Raleigh, Nosh Carolina 27699-1617 919 807 6300 MEMEMEN— Hanson Aggregates Southeast, LLC DW R# 14-0727 individual Certification #4048 Page 2 of 9 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 DEQ: 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@ncdenr.gov or Jennifer Burdette at 919-807-6364 or Penn ifer.burdette@ ncden r.gov if you have any questions or concerns. Sincerely, Karen Higgins, Super 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 USACE Raleigh Regulatory Field Office DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 140727HansonCrabtreeQuarryExp(Wake)-401—IC.docx Hanson Aggregates Southeast, LLC DVVR#14(D27 Individual Certification #4O48 Page 3 of 9 CERTIFICATION #4O48is issued |nconformity with the requirements nfSection 4O1,Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .8500, toMr. Jack 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, 2015and February 4,20I6,and byPublic Notice issued bythe U. S.Army Corps ofEngineers and received bythe Division onAugust 28,30I5. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections ]D1,3O2'9U3,3OG,3O7of the Public Laws 92-5OOand PL95-217ifconducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed lnthe certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all ofthe other specific and general conditions ofthe Certification are met. NOother impacts are approved, including incidental Type of Impact Amount Approved (units) Permanent mount Approved (units) Temporary Stream S1 — perennial 707 (linear feet) 0 (Ii near 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 510 (linear feet) 0 (linear feet) S8 - perennial— 0 (linear feet) 116 (linear feet) Stream Totals 2,316 (linear feet) 207 (linear feet) 404/401 Wetlands 404/401 Wetlands Totals 0.04 (acres) 0 (acres) 2. Hanson Aggregates Southeast, LLC DVVR#14-O727 Individual Certification #4048 Page 4 of 9 Mitigation must beprovided for the proposed impacts asspecified inthe table below. The Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. Until the EEPreceives and clears your payment, and proof nfpayment has been provided tothis 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)]� 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 (QEVILR)^isrequired. The Division shall becopied onany request for modification 4. NPDESStonnvvaterPermit Full compliance with NPDES3tornnvvater Permit NCG020052, issued by DEMLPL is required. The Division shall be copied Unany request for modification tothe StormvuaterPermits. [I5A 5, Stream Relocation The Division approves the Conceptual Stream Relocation Plan provided in the application and dated July 27,2015and subsequent information received 6vthe Division UnNovember 12, 20I5. 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 ofstability 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. [I5AN[A[ 02H .0506(b)(2)] w Native vegetation shall be used throughout this Project. All tree and shrub plantings within the proposed planting buffer shall be protected from mowing Orclearing. [254 NCACQZH.O586/b1/2\l • Natural fiber matting is recommended forstrearnbank stabilization over plastic matting that can entrap small animals, [15ANCA[020�0506/bV2)1 • Stream bed habitat material, such ascobble and gravel, should be harvested from abandoned channels and relocated tonew channels iQthe maximum extent practicable. |15ANCACO2H.0506/bV2B Hanson Aggregates Southeast, LLC DVVR#l4'O727 individua|Certification #4O4D Page 5 of 9 • Visual monitoring ofthe stream relocation project shall beconducted ataminimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site isstable (particularly after storm events) and vegetation ia 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. [25AN[ACOZH.O50G/bV2\and /bV3U • Water shall not bereleased into the new channel until the stream and banks are stabilized. [15AN[A[02H]0505/bU38 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 oreincorporated by reference and are enforceable parts of this permit. [15A N[AC 02H .0501 and .05021 Sediment and Erosion Control Erosion and sediment control practices must beinfull compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices. |fapplicable, the project rnustoonnp|yvviththe specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15ANCACO2H .0506/bV3) and (c)(3)1.- a, c)(3\l�e, Design, installation, operation, and maintenance ofthe sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Corolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile /spoillprojects, including contractor -owned Orleased 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 Monug/. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation P0||ULiOn Control Act and the Mining Act of2971. Sufficient materials required for stabilization and/or repair nferosion o]mtrO| measures and StUnnvvaterrputkng and treatment shall be on site atall drnel Hanson Aggregates Southeast, LL.0 DVVR#14f]727 Individual Certification #404B Page 6 of 9 8. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. |fplacement nfsediment and erosion control devices inwetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in 8 manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent tnorupstream and downstream ofthe 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 (0EMLR) or locally delegated program has released the specific area within the project. [25AN[AC82H .050I 9. Construction Stormwater Permit NCG010000 An NPOES Construction Stornlvvater Permit is required for construction projects that disturb one (1)ormore acres ofland. This Permit allows storrmvvatertqhe 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 isrequired. Acopy Jfthe general permit (N[GO1OOOO), inspection log sheets, and other information may be found at: . 15AN[/\CO2H 0506(b)(5) and 10. Work in the Dry All work inaradjacent tostream waters shall be conducted so that the flowing stream does not come incontact 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 ll. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured orcuring 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 NCA[ 02B .0200] 12. Placement of Culverts and Other Structures in Waters and Wetla,nds,,115A NCAC 02H Culverts required for this project shaUbeinstaUed|nsu[harmannerthattheQhgin@lstreamn 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 bemaintained above and below locations ofeach culvert. Hanson Aggregates Southeast, LLC DVVR#l4'O727 Individual Certificatmn#4O4O Page 7uf9 Placement of culverts and other structures in waters, streams must be below the elevation of thestrearnbed byone (2)foot for all culverts with a diameter greater than 48inches, and 20 percent ofthe culvert diameter for culverts having adiameter less than 48inches, toallow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and bedesigned to adequately accommodate high water Orflood conditions. Additionally, when roadways, causeways, or other fill projects one constructed across FEMA -designated floodvvays or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology ofthe system as well as prevent constrictio,n 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 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 tooriginal 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)] 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 5Oasnot torestrict stream flow orcause din'equi|ibriurn, [15AN[A[02H .0506/bV2l 15. 4myripr8p required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall berestricted tothe area directly impacted b«the approved construction activity. All riprapahall be buried and/or "keyed in" such that the original stream elevation and streannbankcontours are restored and maintained, Placement ofripraporother approved materials shall not result in cle-stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] I6.Any hpnapused for stream stabilization shall be ofasize and density toprevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free ofdebris ortoxic pollutants. 8iprapshall not beinstalled imthe strearnbedexcept inspecific areas required for velocity control and to ensure integrity of bank stabilization measures, 715A Hanson Aggregates Southeast, LLC DVVR#l4-O727 Individual Certification #4048 Page 8of9 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. [15AN[A[028D231] 18. This Certification does not relieve the applicant of the responsibility to Obtain all other required Federal, State, or Local approvaK 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 3O3(d)ofthe Clean Water Act) and any other appropriate requirements OfState and Federal law. [I5AN[A[02B.0200] |fthe 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 |avv is being violated, or that further conditions are necessary to assure compliance, the Division may reeva/uate 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 I5AN[ACO2HD5O3and provide opportunity for public hearing in accordance with I5ANCA[O2H .0504. Any new orrevised conditions shall beprovided toMr. Jack Garvey and Hanson Aggregates Southeast, LLC in writing, shall be provided tothe 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 bvreference and are enenforceable part ofthe Certification. |fyou change your project, ymumnustnntifv 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 iaresponsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A N[AC 02H .050I and 2I,The applicant and/or authorized agent shall provide acompleted Certificate of Completion Form to the DVVR4Ol&Buffer Permitting Branch within ten days ofproject oornpletion (available at: h ). 22. This certification grants permission to the director, an authorized representative of the Director, or 0ENR staff, upon the presentation ofproper credentials, to enter the property during normal business hours. [15AN[ACO2H D502(e)] Hanson Aggregates Southeast, LLC DVVR#14-07Z7 Individual Certification #4O48 Page 9 of 9 This approval toproceed with your proposed impacts 0(to conduct impacts towaters as depicted inyour application shall expire upon expiration nfthe 40$or[AMAPermit. 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/dV2) and 15A NCA[ Non-compliance with orviolation ofthe conditions herein set forth rnayresultiDrevOCationOf this Certification and may also result in criminal and/or civil penalties. This the 10th day of February 2016 �OJJ_No C-1 � ' Karen Higgins, Supeni�ƒ� EM EBX Stream and Wetland Banks Statement of Availability April 28, 2016 NC Division of Water Resources Ms. Jennifer Burdette 512 N. Salisbury St. 9' floor Raleigh, NC 27604 Re Project: Hanson Crabtree Quarry Expansion U.S. Army Corps of Engineers Mr. David Shaeffer Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 This document confirms that Hanson Aeereeates Southeast, LLC (Applicant) for the Hanson Crabtree Quarry Expansion (Project) has expressed an interest to utilize Stream Mitigation Credits from EBX's Banks: the EBX-Neuse I sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank and the EBX- EM sponsored Forrest Creek Mitigation Bank, both in the Neuse HUC 03020201. Multiple bank sites will be used for this mitigation need with the following credits coming from each site: 1,060.80 SMUs from Forrest Creek, 25 SMUs from UT -2, 668.8 SMUs from Cedar Grove, and 60.4 SMUs from Buffalo Branch. As the official Bank Sponsor, EBX, attests to the fact that 1,815 SMUs are available for purchase at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Bank Sponsor has accepted full responsibility for the mitigation obligation requiring the credits/units. The Bank Sponsor will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Bank Sponsor shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the Applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1052. Best Regards, Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Mitigation Services E:tdVMONMENTAL tvatAUTY April 25, 2016 Jack Garvey Hanson Aggregates Southeast, LLC 2101 Gateway Centre Blvd., Suite 100 Morrisville, NC 27560 Project: Hanson Crabtree Quarry Expansion PAT MCCRORY G' reino, DONALD R. VAN DER VAART Expiration of Acceptance: October 21, 2016 County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin CU Location Stream (feet) (3 -digit HLIC) C®Id a Wetlands (acres) -Buffer I (8q, Ft,) -Buffer II (Sq. t.) i arian I -on -1 avian Coastal Marsh Neuse 03020201 d A�eo 1,357 0 0 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. James. tanfill Asset Management Supervisor Dave Shae-ffer, USACE- Raleigh Bob -s agent State of North Carolina Environmental Quality Mitigation Services 1652 Mail Service Center 1 217 W. Jones Street, Suite 3000 1 Raleigh, NC 27609-1652 919 707 8976 T