HomeMy WebLinkAbout20140727 Ver 2_Approval Letter_20160516sV,utei Resources
f,_N )N 'tN I AL QUAE
May 16, 2016
Hanson Aggregates Southeast, LLC
Attn: Mr. Jack Garvey
2101 Gateway Centre Blvd., Ste 100
Morrisville, NC 27560
DONALD R. VAN DLR VAART
fol )
S. JAY ZIMMERMAN
DWR # 14-0727 v2
Wake County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions -
Modification
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 May 16, 2016. This Certification replaces the Certification issued
on February 10, 2016. The modification was requested by the applicant to phase the mitigation
and change the plan to a combination of private mitigation bank and Division of Mitigation Service
mitigation credits. 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 http://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 8:00am and 5:00pm, excluding official state
holidays).
State ofNorth Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
_-
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 2 of 9
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.
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 Department of Environmental Quality:
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.higgins@ncdenr.gov or
Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
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: 140727v2HansonCrabtree Quarry Exp(Wake)_401_IC_Mod.docx
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
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. 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,
2015 and February 4, 2016; by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on August 28, 2015; and modification request by the applicant received by
the Division on May 16, 2016 and subsequent information on May 10, 2016.
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)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
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
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
W1
0.03 (acres)
0 (acres)
W2
0.01 (acres)
0 (acres)
404/401 Wetlands
Totals
0.04 (acres)
0 (acres)
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 4 of 9
2. Compensatory Mitigation
Mitigation must be provided in phases for the proposed impacts as specified in the table
below. The Division has received acceptance letters from the Division of Mitigation Services
(DMS) and RES to meet this mitigation requirement. RES will use stream mitigation credits
from EBX-Neuse I sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank and EBX-
EM sponsored Forrest Creek Mitigation Bank. Until the RES or DMS 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 the phase. For accounting purposes, this
Authorization Certificate authorizes payment to the DMS and RES to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Mining Permit
Full compliance with Mining Permit 92-03, issued by the Division of Energy, Mineral and Land
Resources (DEMLR), 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. NPDES 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)]
Compensatory Mitigation
Required
River & Sub -
basin Number
Phase 1
1,669 (feet)'
Neuse
Stream
'satisfied through purchase of
03020201
Impacts S1,
credits from RES
S4, & S6
Phase 2
510 (feet)'
Neuse
Stream
2satisfied through purchase of
03020201
Impact S7
146 credits from RES and 364
credits from DMS
Mining Permit
Full compliance with Mining Permit 92-03, issued by the Division of Energy, Mineral and Land
Resources (DEMLR), 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. NPDES 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)]
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 5 of 9
• 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
practicable. [15A NCAC 02H .0506(b)(2)]
® 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 new channel until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
6. 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.
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 6 of 9
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.
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. 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:
http://portal.ncdenr.org/web/wg/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
10. Work in the D
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]
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 7 of 9
12. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2)]
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.
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)]
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)
and (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 de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 8 of 9
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)]
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. [15A 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
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. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
Hanson Aggregates Southeast, LLC
DWR# 14-0727 v2
Individual Certification #4048
Page 9 of 9
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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
22. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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 CAMA 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.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 16th day of May2016
r
oxtklv'�,A
Karenn Higgins, Supervisor J'
li
401 & Buffer Permitting Branch
KAH/jab
MIM