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Home My WebLink About20161000 Ver 1_Approval Letter_20161212Water Resources ENVIRONMENTAL QUALITY December 12, 2016 Mr. Chadwick Conn Eco -Energy Inc. 725 Cool Springs Blvd., Suite 500 Franklin, TN 37067 PAT MCCRORY (;""qm' DONALD R. VAN DER VAART leer¢?' S. JAY ZIMMERMAN Diw aor DWR# 16-1000 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Eco -Energy Intermodal Facility Dear Mr. Conn: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated September 19, 2016, and received by the Division of Water Resources (the Division) on October 25, 2016 with subsequent information received on December 7, 2016. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our web site at https://deg.nc.gov/about/divisions/water- resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401- general-certifications. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be 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. 15A NCAC 02H .0506 and 15A NCAC 02H.0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) Slate or Nom, Carolina I Ear noninen,al QuaLbI water Reso neez I water Quality Regional Operations Moorezrille Regional ORcei 610 Ean ('enter Arenue, Suite 301. Moorezvil le, Nonh Carolina 2BI I5 704663 1699 3. Approved Impacts: Type of Impact Amount Approved Amount Approved Catawba (03050101) 1:1 ratio Temporary Impact Permanent Impact Stream 75 linear ft. 299 linear ft. (includes 60 ft of existing culvert) Wetland 0 acre 0 acre 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. You are required to provide one copy of the approved SMP, including plan details on full- sized plan sheets, with City of Charlotte's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699-1650) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Charlotte. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as specified in the table below. The Division has received notification/acceptance from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the 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 accounting purposes, this Certification authorizes payment to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub -basin Number Stream 299 (feet) Catawba (03050101) 1:1 ratio Wetlands 0 (acres) 9. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWR has determined that the proposed activity will not remove or degrade significant existing uses of the surface water. The issuance does not represent an approval of credit yield for the project. (15A NCAC 2H .0506(a)) 10. Upon removal of the 60 ft culvert located at the west side of the property, the stream shall be restored. A plan shall be submitted for approval. Structures may be required to prevent the stream from headcutting once the culvert is removed and stream elevation is determined. No other stream impacts are allowed until a plan has been submitted and approved. A time line for restoration shall be provided in the plan. 11. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, �'� W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: David Schaeffer, Army Corps of Engineers, Asheville - email Erin Brosnan, GEI Consultants, ebrosnanageiconsultants.com Steven Chambers, Chambers Engineering, schambers0-)ce-pa.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality 16-1000 NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Eco -Energy, Inc. has permission as outlined below to impact 299 linear feet of stream in order to proceed with the Intermodal Facility in Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS) LOCATION: COUNTY: BASIN/SUBBASIN Impacts: 299 linear feet of stream 6816 CSX Way Mecklenburg Catawba (03050101) As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). Mitigation: 299 linear feet total of stream required Mitigation: 299 linear feet of stream by the DMS required for the 401 Water Quality Certification. In correspondence dated September 7, 2016 the DMS indicated that up to 299 linear feet of stream mitigation would be conducted by DMS if available within the cataloging unit. More may be required if mitigation is required outside the unit. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed 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 EEP. Signature ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center RALEIGH, N.C. 27669-1652