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HomeMy WebLinkAbout20160935 Ver 1_Approval Letter_20161014 PAT MCCRORY DONALD R. VAN DER VAARTRT S—'-e Water-Resources S. JAY ZIMMERMAN ENVIRONMENTAL OVALITY Director October 14,2016 DWR# 16-0935 Jackson County Lisa Williams 210 Tabula Trail Cullowhee,NC 28723 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 210 Tahala Trail-Lake Glenville Dear Ms. Williams: In accordance with your application dated September 21, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project,including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0022 acres) 0.0091 (acres) Stare ofNonh Carolion I Environmental Quality l Water Reeoomea 2090 US HN,701 ft..,North Carolina 28778 8282964500 Williams—210 Tahala Trail Page 2 ADDITIONAL CONDITIONS 1. 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 the Certification/Authorization. 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 approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15ANCAC 02H ,0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15ANCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit I of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit 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 Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 0211 .0506 (b)(2) and(c)(2)] 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. Williams—210 Tahala Trail Page 4 Enclosures: GC 3898 Certificate of Completion cc: DWR ARO 401 files cc: Hubert Bryson—Bryson Tracking Kevin Holland—Duke Energy David Brown- USACE Asheville Regulatory Field Office Andrea Leslie -NC WRC StanAiken—DEMLR G\WR\WQ\iackaon\40IaWomDOT\Williams 210 Tahala Trail Lake Glemille\APRVL.401 Williams 210 Tahala T,wl 10-14-2016.d.c Williams-210 Tahala Trail Page 3 A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000forinformation. 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:OOam and S:OOpm,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. 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 DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. please contact Tim Fox at 828-296-4664 or tim.fox2ncdem,eov if you have any questions or concerns. Sincerely, G. Landon Davidson,Regional Supervisor Water Quality Regional Operations Asheville Regional Office Water Quality Certification No. 3898 iGENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FORDS.ARMY CORPS OF l ENGINEERS'.REGIONAL PERMIT NUMBER188200030(TVA.OR FERC REGULATED PUBLIC UTILITIES)AND REGIONAL PERMIT198200078(COE LAKE AND RESERVOIR MAINTENANCE.REPAIR AND CONSTRUCTION ACTIVITIES). AND RIPARIAN.AREA PROTECTION RULES(BUFFER RULES) Water Quality Certification Number 3898 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 Regulations in 15A NCAC 02H 0500 and 15A NCAC 02B 0200 for the discharge of fill materialto waters and wetland areas as described in the Wilmington District's Regional(General) Permit Number 198200030 and Regional Permit Number 198200079 and for - theRiparianAreaProtectionRules(Buffer Rules)in 15A NCAC 028:.0200. The State of North.Carolina certifies:that the specified category of activity will not violate applicable portions of Sections 301,302 303,308 and 307 of the:Public Laws 92-500 and 95-217 if conducted in accordance with.the conditions hereinafter set.forth. Activities meeting any one(1)of the following thresholdsor circumstances require written approval fora 401 Water Quality Certification from the Division of Water quality(the "Division'): I, a) Activities that result in fill, dredging or excavation of waters or wetlands below the normal high water level; or b) Any impact associated with a Nonce of Violation or an enforcement action for violation(a) of:DWQ Wetland Rules(15A NCAC 02H .0500), Isolated Wetland Rules(15A NCAC 02H 1306), DWQ Surface Water or Wetland Standards,or Riparian Buffer Rules(15A NCAC 028 .0200); or c) Any impacts to streams and/or buffers in the Neuse,.Tar-Pamlico or Catawba River Basins or the Randleman, Jordan or Goose Creek Watersheds(or any other basin or watershed with Riparian Area Protection Rules[Buffer Rules]In effect at:the time of application)unless the activities are listed as 'EXEMPT"from these rules or a Buffer Authorization Certificate.is issued through N C Division of Coastal Management(DCM) delegation for"ALLOWABLE"activities. i In accordance with North Cerolina'General Statute 143.21531D(e),written approval Fora 401 Water Quality General Certification must include the appropriate fes If a project also requires.a CAMA Permit,then one payment to both agencies shall be submitted and will be the higher of two fees. Activities Included In.this General Certification that do not meat one of the thresholds. listed above do notrequire written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met;then written approvalfrom the Division Is required. Conditions of Certification: 1.: No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification r No waste,spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas 4 beyond the footprint of the Impacts depicted In the Pre,Constructlon Notification,as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization including Incidental impacts.. All Construction activities, including the design, installation,operation, andmaintenance of sediment and erosion control Best Management Practices snail be performed so that no violations of state water quality standards,statutes or rules occur. Approved plans and Water Quality Certification No. 3898 1 Water Quality Certification No. 3898 specifications for this project are incorporated by reference are enforceable parts of this permit, ` _ _ 2 Standard Erosion and Sediment Control practices � y Erosion and sediment control practices must be in full compliance with all specifications : governing the proper design, Installation and operation andmaintenanceof such Best , Management Practices and if applicable,comply with the specific conditions and requirements of the NPbES Construction Stormwater Permit issued to thesite: 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, l installed, operated, and.maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with thereclamation 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 811 times. I e. If the project.occurs in waters or watersheds classified as Primary Nursery Areas(PNA$), SA WS-1,WS-11 High Quality(HQW),or Outstanding Resource(ORW)waters, then the 3 sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 048 0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shell 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 designand.placement of temporary erosion control measures shallnot 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 Land Resources(DLR)l or locally delegated program hasreleased the specific area within the project. 4. Construction Stormwater Permit NCG010000' An NODES 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•lloortalncdenrom/web/cod/wslsuln ss26Ftab-w, i Water Quality Certification No. 3898 2 Water Quality CertificationNo. 3898 The North Carolina Department of Transportation(NO DOT)shall be required to be infull compliance with the conditions related to construction activities within the most recent version 6f their Individual NPDES(NCS000250)stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity(Le.sea turtle nesting,fish spawning or bird nesting), theft biological monitoring may be required at the request of other . state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission(WRC) US Fish and Wildlife Service(USFWS),:.NO Division of Marine Fisheries (DMF) or National Marine Fisheries Service(NMFS)to lessen impacts on trout,anadromous fish, larvallpost•larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency i responsible for the given moratorium. 1 Work within the twenty-five (25)designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC,. USFWS, NMFS, and/or DMF personnel. e" Work In the Dry - t 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 NO 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. r Exceptions to this condition require application submittal to and written approval by the 7.. Division. 7. Riparian Area.Protection(Buffer)Rules Activities located in the protected riparian areas(whether jurisdictional wetlands or not), within the Neuse;Tar-Pamlico or Catawba River Basins or in the Randleman;"Jordan, or " __-- Goose Creek Watersheds(or any other basin or watershed with buffer rules)shall be limited to"uses"identified within and constructed in accordance with 15A NCAC 028 .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located,designed;constructed,and maintained to have minimal disturbance to protect Water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements,must be met. i 8. 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. 9. Rip-rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection of aquatic habitat. Construction over wetlands shall be elevated at least three(3) feet above any wetlands,and floating structures shall not rest periodically on the bottom. 10. Piersand boat housesshall be constructed to provide for storage and removal of sewage rather than allowing raw waste or other sewage to be disposed directly into surface waters, 11. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,waters, and protective buffers within the project boundaries in order to assure Water Quality Certification No. 3898 3 Water Quality Certification No. 3898 compliance for future wetland, water,andbuffer impact These mechanisms shelf be put in place at the time of recording of the orobedy or of individual lots whichever Is appropriate. A -- sample deed notification can be downloaded from the 401ANettands Unit web site at http7/Portalncdenroro/webAn/swo/ws/401/certsandpermits/abplv/Porms. The text of the sample deed notification may be modified as appropriate to.suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 12. Ifanenvironmental document is required under the National or State Environmental Policy. Act(NEPA or SEPA),then this General Certification Is not valid until Finding of No Significant Impact(FONSI)or Record of Decision(ROD)Is issued by the State Clearinghouse. - 13. in:the twenty(20)coastal counties the appropriate.DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 14. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State,or Local approvals. 15. The appllcant/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§303(d)of the Clean Water Act) and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including 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,then the. Division may reevaluate andmodify this General Water Quality Certification, 16, When written authorization is required for use of this certification upon completion of all ,permitted impacts included within the approval and any subsequent modifications,the applicant shall be,required to return the certificate of completion attached to the approval One copy of the certificate shall be sent to the DWQ:Central Office in Raleigh at 1850 Mail Service Center, Raleigh NC,27899-1660. f 17. Additional site-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality i - Certification in order to ensure compliance withallapplicable water quality 0nd'effluent --" "- - standards. 18. This certification grants.permission to the director, an authorized representative of the. Director, or DENR staff, upon the presentation.of proper credentials,to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit The conditions in effect on the date of issuance of Certification fora specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein:set forth by a specific project may result. in revocation of this.General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division.of Water Quality may require submission of a formal application for Individual Certificationfor any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species,or degrade the waters so that existing uses of the wetlandor downstream waters are precluded. Water Quality Certification No. 3898 4 Water Quality Certification No. 3898 Public hearings may be held for specific applications or group of applications prior to Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality, Effective date:Match 19,:2Q12- DIVISION OF WATER QUALITY By I 7-2 1 } Charles Waklld, P.E. Director History Note: Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC Number 3693 issued November 1, 2007,WQC Number 3639 issued March 19, 2007; WQC Number 3492 issued December 31;.2004;and WQC Number 3373 issued March 18, 2002.. This, .-- General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. I Water Quality Certification No. 3898 5 PAT MCCRORY e'SGet— DONALD R. VAN DER VAART S,,amry Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Direoror WR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: _ 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 this certificate to the 401 and Buffer Permitting Unit,North Carolina Division of Water Resources, 1650 Mail Service Center,Raleigh, NC,27699-1650. This form may be returned to DWR by the applicant,the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Agent's Certification 1, ,hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Date: Ifthis project was designed by a Certified Prijessionat I, as a duly registered Professional (i.e., Engineer,Landscape Architect,Surveyor,etc.)in the State of North Carolina,having been authorized to observe(periodically,weekly,full time)the construction of the project,for the Permitee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature: Registration No. Date Sere of NOM Carolina I Environ reatel Quality I water Reactances 1611 Me11 service Center I RnAga,,NoM Carolina 276991611 919 907 9000