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HomeMy WebLinkAbout20080081 Ver 1_Approval Letter_20080410~O(r WATF9Q Michael F. Easley, Governor ,`(~ G William G. Ross Jr., Secretary C/j ~ North Carolina Department of Environment and Natural Resources O .,~ Coleen H. Sullins, Director Division of Water Quality April 10, 2008 Mr. Barry Shearin Charlotte-Mecklenburg Utilities Department 5100 Brookshire Boulevard Charlotte, NC 28216 Re: 250 Million Gallon Reservoir Expansion -Franklin Water Treatment Plant Mecklenburg County DWQ #20080081; USACE Action ID. No. SAW-2008-00196 Ut to Stewart Creek [030834, 11-137-1-2, C] APPROVAL of 401 Water Quality Certification with Additional Conditions -REVISED Dear Mr. Shearin: Attached hereto is a copy of Certification No. 3736 issued to Mr. Barry Shearin of the Charlotte- Mecklenburg Utilities Department, dated April 10, 2008. This Certification replaces the Certification issued to you on April 7, 2008. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sin ely Coleen H. Sullins CHS/cbk/ijm Attachments: Certificate of Completion cc: Becky Fox, EPA Region 4,1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District Alan Johnson, DWQ, Mooresville Regional Office DLR Mooresville Regional Office File Copy Central Files Suzanne L. Knudsen, S&ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273 Filename: 080081_250Mi11ionGallonReservoirExpFranklinWTP(Mecklenberg)401_IC_Revised nt~ht,r•~r„t;,,~ 401 Oversight/Express Review Permits Unit d -'atural'~l~ 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931Intemet: httg://h2o.enr.state.nc.us/ncwetlands An Equal OpportunitylAffirmativeRction Employer- 50% Recycledl10% Post Consumer Paper Charlotte-Mecklenburg Utilities Department Page 2 of 5 April 10, 2008 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Barry Shearin of the Charlotte- Mecklenburg Utilities Department, NC to fill or otherwise impact 1.27 acres of 404/wetland, 139 linear feet of perennial stream and 88 linear feet of intermittent stream in the Catawba River Basin, associated with construction of the proposed 250 million gallon reservoir expansion at the Franklin Water Treatment Plant. The site is located at 5200 Brookshire Boulevard, in Charlotte, in Mecklenburg County, North Carolina, pursuant to an undated application received by the DWQ on January 11, 2008), and Public Notice issued February 12, 2008 (received by the DWQ on February 13, 2008), and additional information received from you on Apri17, 2008. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: T e of Im act Amount A roved Units Plan Location or Reference 404/Wetland 1.27 acres) A lication, PN and Narrative Stream - erennial 139 (linear feet A lication, PN and Narrative Stream -intermittent 88 (linear feet) A lication, PN and Narrative Charlotte-Mecklenburg Utilities Department Page 3 of 5 April 10, 2008 Sediment and Erosion Control: 2. 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 in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The 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. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 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 404/401Permit Application. 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; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing_Compliance: 6. Mr. Barry Shearin and the Charlotte-Mecklenburg Utilities Department, 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 law and federal law. 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 to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Barry Shearin and/or the Charlotte-Mecklenburg Utilities Department Page 4 of 5 April 10, 2008 Charlotte-Mecklenburg Utilities Department, NC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Barry Shearin and/or the Charlotte-Mecklenburg Utilities Department, NC in writing, shall be provided to the United States 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; Mitigation: 7. Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205. if you have any questions concerning payment into a restoration fund. The payment to the EEP by Charlotte-Mecklenburg Utilities Department shall occur within 60 days of receipt of the EEP invoice by the Charlotte-Mecklenburg Utilities Department. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: T e of Im act Com ensato Miti ation Re aired River and Sub-basin Number 404/Wetland 1.27 (acres Catawba/03050103 Deed Notifications: 8. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to'suit to this project. 9. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the Charlotte-Mecklenburg Utilities Department Page 5 of 5 April ]0, 2008 sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http •//h2o. enr. state. nc. us/su/Forms Documents. htm. ; 10. You must submit a minimum water release plan for the proposed dam before the approved impacts may occur. The plan must include a written explanation of the specific discharge rate and mechanism to provide for each required release. The plan must also include any design specifications, details and calculations to show that the release shall be achieved in the given conditions. The plan shall also include monitoring that ensures compliance. The plan and any associated facilities, once approved, must be in place and implemented upon the completion of the dam. 12. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the. 404 or LAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 10th day of Apri 008 DIVISION OF W E ALITY Coleen H. Sullins CHS/cbk/ijm 3736 O~O~ W A T ~9~G 7 .._i~°I O `~ ~' Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts. and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mr. Barry Shearin of the Charlotte-Mecklenburg Utilities Department, have permission as outlined below to fill or otherwise impact 1.27 acres of 404/wetland, 139 linear feet of perennial stream and 88 linear feet of intermittent stream associated with construction of the proposed 250 million gallon reservoir expansion at the Franklin water treatment plant which is located at 5200 Brookshire Boulevard, in Charlotte, in Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20080081 LOCATION: Charlotte COUNTY Mecklenburg BASIN/ SUB BASIN Catawba/03050103 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts Miti ation 1.27 Acres 404/Wetland 1.27 Acres 404/Wetland One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt. of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919)733-5205 Filename: 080081 250MillionGallonReservoirExpFranklin WTP(Mecklenberg)401_IC_EEP None Carolina 401 Oversight/Express Review Permitting Unit ~tuCRay 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper