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HomeMy WebLinkAbout20151279 Ver 2_Approval Letter_20170316wa s-r-Rescurces EGVI'r?L7N ECSCALQU L3;Y March 16, 2017 Virginia Electric Power Company Attn: Ms. Amanda Mayhew 701 East Cary East Richmond, VA 23219 ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN DWR # 15-1279 v2 Nash County Subject: Approval of Individual 401 Water quality Certification with Additional Conditions - Modification Hathaway Switching Station USACE Action ID. No. SAW -2015-01994 Dear Ms. Mayhew: Attached hereto is a copy of Certification No. 4062 issued to Ms. Amanda Mayhew and Virginia Electric Power Company, dated March 16, 2017. This Certification replaces the Certification issued on June 14, 2016. The applicant requested this modification to include additional wetland impacts for a new tower that was not anticipated in the original application. 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:Hwww.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). 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 of North Carolina j Environmental Quality I Water Resources 1617 Mail Service Center ! Raleigh, North Carolina 27699-1617 919 807 6300 Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 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 Department of Environmental Quality: William F. Lane, 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: Anna Stewart Lambert, Angler Environmental (via alambert@res.us) USACE Raleigh Regulatory Field Office Todd Bowers, EPA (via bowers.todd@epa.gov) DWR 401 & Buffer Permitting Branch file Filename: 151279v2HathawaySwitchingStation(Nash)_401_TAR_IC_Mod.docx Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4062 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 and 15A NCAC 02B .0200, to Ms. Amanda Mayhew and Virginia Electric Power Company, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 10, 2015 and subsequent information on March 1, 2016 and May 3, 2016; by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on December 21, 2015; and a modification requested dated January 27, 2017 and received by the Division on February 3, 2017 and subsequent information received on March 10, 2017 and March 12, 2017. 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 conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b) & (c) and 15A NCAC 02B.0259(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands Site 1 0.0661 (acres) 0 (acres) Site 2 0.0035 (acres) 0 (acres) Site 3 0.0336 (acres) 0 (acres) Site 4 0.2376 (acres) 0 (acres) Site 5 0.1005 (acres) 0 (acres) Site 6 0.0823 (acres) 0 (acres) Site 7 0.1127 (acres) 0 (acres) Site 8 0.2858 (acres) 0 (acres) Site 9 0.0038 (acres) 0 (acres) Site 10 0.0019 (acres) 0 (acres) Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 4 of 9 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Site 11 0.0128 (acres) 0 (acres) Site 12 0.0143 (acres) 0 (acres) Site 13 0 (acres) 0.0025 (acres) Site 14 0 (acres) 0.041 (acres) Site 15 0 (acres) 0.0338 (acres) Site 16 0 (acres) 0.0123 (acres) Site 17 0 (acres) 0.0908 (acres) Site 18 0.0012 (acres) 0 (acres) 404/401 Wetlands Total 0.9561 (acres) 0.1804 (acres) Stream Site 1 462.2 (linear feet) 0 (linear feet) Site 2 46.03 (linear feet) 0 (linear feet) Site 3 0 (linear feet) 17.29 (linear feet) Site 4 5.48 (linear feet) 0 (linear feet) Stream Total 513.71 (linear feet) 17.29 (linear feet) Buffers — Zone 1 Site 1 1,651 (square feet) 0 (square feet) Site 3 0 (square feet) 0 (square feet) Zone 1 Total 1,651 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 1,466 (square feet) 0 (square feet) Site 3 192 (square feet) 0 (square feet) Zone 2 Total 1,658 (square feet) 0 (square feet) 2. Stream Relocation You have our approval for your proposed final stream/buffer relocation plan. The relocated stream / buffer (656 linear feet) must be constructed, maintained, and monitored according to the plans dated February 24, 2016 and revised April 28, 2016 (received by the Division on 5/3/2016) that were approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office. The Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 5 of 9 relocation site must be preserved in perpetuity by use of a conservation easement or other similar mechanism. [15A NCAC 02H .0506 (b)(6)] 3. Stormwater Management Plan The SMP approved by the City of Rocky Mount on July 6, 2016 meets the requirements of the 401 Certification Program. The SMP may not be modified without prior written authorization from the City of Rocky Mount. If modified, a digital copy of the approval letter and modified SMP shall be submitted to Jennifer Burdette of the DWR 401 & Buffer Permitting Branch at https:Hedocs.deg.nc.gov/Forms/Supplemental-Information-Form prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 4. 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] 5. 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)]: 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. 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. Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 6 of 9 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. 6. 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] 7. 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/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 8. 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)] 9. 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] Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 7 of 9 10. 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. 11. 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)] 12. 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)] 13. 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)] Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 8 of 9 14. 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)] 15. 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 .0259(6) and 15A NCAC 02B .0231] 16. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 17. Continuing Compliance Ms. Amanda Mayhew and Virginia Electric Power Company shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(4) 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 Ms. Amanda Mayhew and Virginia Electric Power Company 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 Ms. Amanda Mayhew and Virginia Electric Power Company 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. Virginia Electric Power Company DWR# 15-1279 v2 Individual Certification #4062 Page 9 of 9 18. 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] 19. 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)] 20. 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 March 2017 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4062