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HomeMy WebLinkAbout20170172 Ver 1_Approval Letter_20170317r Water Resources Hovironmcntal Quality March 17, 2017 City of Asheville Attn: David Melton PO Box 7148 Asheville, NC 28802 ROY COOPER Gm,ernor MICHAEL S. REGAN 5'e"fe", S. JAY ZIMMERMAN Dv,,o,r DWR # 17-0172 Buncombe County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Asheville 2015 Water Distribution Projects - Group 2: Mt. Carmel & Tiny Farms Subdivision Dear Mr. Melton: You have our approval for the impacts listed below for the purpose described in your application dated February 2, 2017, and received by the Division of Water Resources (Division) on February 9, 2017, with additional information received on March 14, 2017. These impacts are covered by the attached Water Quality General Certification Number 3884 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any `.othef federal, state or localpermitsbefore pmcceding witltyour prcject; including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. 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 02H .0506(b) and/or. (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact Sl 20 (linear feet) Stale of North Carolina I Environmental Quality I Wier Resonme5 2090 U.S. ftho.y 70, Swannanoa, North Caroli. 28778 828-296-45M Asheville 2015 Water Distribution Projects — Group 2 DWR4 17-0172 401 Approval Page 2 of 4 2. 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) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. [15A NCAC 02H .0506(f)] 4. All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)] 6. The permittee 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 02H.0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 lurpWwww.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. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Asheville 2015 Water Distribution Projects — Group 2 DWR# 17-0172 401 Approval Page 3 of 4 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, 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 as described in 15A NCAC 0211.0500. Please contact Zan Price at 828-296-4662 or _z_an_.price@nedenr.gov if you have any questions or concerns. Sincerely, 4-�- Z Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations .. -.. Asheville Regional Office Enclosures: GC 3884 Certificate of Completion cc: Jordan Isenhour — WK Dickson & Co., Inc. (via email) William Elliott - USACE Asheville Regulatory Field Office (via email) Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) D WR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\nuncombeWOls\Non-DOl heville 2015 Water Distribution Projects Group 2\ PRVL401 Asheville 2015 Water Distribution Projects - Group 2- Mt. Carmel &Tiny Farms_ 03.17.2017.doex Water Quality Certification No. 3884 .GENERAL CERTIFI ATIONF R OJECT ELIGIBLE FOR U.S. ARMYCORPS DF ENGIN ERS NATIONWIDE PERMIT NUMBERS .12. UTILITY LI NE ACTIVITIES AND PIPELINE SAFETY PROGRAM DESIGNATED TIME SENSITIVE'IN$PE TIONSAND REPAIRS[ ANDRIPARIAN AREA PROTECTION RULES ISUFPER RULES) Water Quality Certification Number 3884 is issued In conformity with the requirements of *Section 401; Public Lawa 02-500 and 95=217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations In 15A NCAC02H,0500 and 15A NCAC 028.0200 for the discharge of fill material to waters and wetland areas as described in 33 GFR 330 Appendix A (8) (12 and 47) of the Corps of Engineers regulations Including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 1 5 NCAC 028.0200. The State of North Carolina cartjfie5 that the specified category of activity will not violate applicable portlons of Sections 301, 302 303, 306 and 307 of the Public Laws 92-500 and 05-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following, thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division'): a) Permanent Impacts to any wetlands and/or waters, including streams; or b) Any stream relocation; or C) Impacts to any wetlands and/or waters if the maintenance corridor in a wetland or at a II stream crossing is greater than 15 feet wide (except activities located in areas with RiparianAreaArea Protection Rules when the maintenance corridor at stream crossing must ' be 10 feet wide or less). Gas pipelines may have a maintenance corridor wider then fifteen fast if mitigation is provided for these additional wadand fills. d) Any impact associated with allotice of Violation or an enforcement action for violafion(s) of DWQ Wetland Rules (1SA,NCAC 02H .0500) Isolated Wetland Rules (I5A NCAC 02H - .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (ISA NOAC 028 .02001: or the the time of or a Buffer Cement (DCM) In accordance with North Carolina General Statute 443-215.3D(e), written approval: for a 401 Water Quality General Certification must include the appropriate fee If a project. also requires a. CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities includedin this. General Certification that do not meet one of the threshold$ '.. listed above do not require writtsn 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 approval from the Division is required. '.. Water Quality Certification No. 3884 1 Water Quality Certification No. 3884 Conditions of Certificaflon:: 1. No Impacts Beyond those Authorized In the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil. solids or fill ofany kind shall occur in wetlands, waters or riparian areas 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 operatlon, 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 2, Standard Erosion and Sediment Control Practices Erosion and sediment control' practices must be in full compliance with all specifications igoverning. the proper design,: installation and. operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater permit. issued to the site: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirementsspecified 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 Manuals c 'Reclamation measures and 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. e. If the project occurs In waters or watersheds classified as Primary Nursery Areas (RNAs),. SA, WS -I, WS -II High Quality (HOW), or Outstanding Resource (ORW .waters then the sedimentation and erosion control designs must comply With the requirements sat forth In 18A NCAC 04B 0124, Design Standards in Sensitive Watersheds, 3. No, Sediment and Erosion Control Measures in`Wetlands or Waters 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 Land Resources (DLR) or locally delegated program: has released thespecific area within the project. Water Quality Certification No. 3884 - 2 Water Quality Certification No. 3884 4. Construction Stormwater Permit NOG010000 The North Carolina Department of Transportation (NCDOT)'shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning or bird nesting), then biological monitoring maybe 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), NC Division of Marine Fisheries. (DMF), or National Marine. Fisheries Service: (NMFS) to lessen impacts on trout anadromous fish, larvalfposklarval fishes and crustaceans, or other aquaticspecies of concern shall be implemented.. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties oridentified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS,. and/or DMF personnel. 6. Work In the Dry - Ail work in or adjacent to stream waters shall be conducted sq that the ilowing`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 shell be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. - 7. Riparian Area Protection :(Suffer)Rule Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuss, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin orwatershed with buffer rules) shall be limited to "uses identified within and constructed Inaccordance with 15A NCAC 02B .0233, .0259„ .0243 0260, .0267 and 0605, and shall be located, designed; constructed, and maintained to haveminimal 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. Water quality Certification No. 3884 Water Quality Certification No. 3884 8. Compensatory Mitigation In accordance with 15A NCAC 02H 0500 (h), compensatory mitigation may berequired for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects impactsequal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified: as Allowable with Mitigation" or "Prohibited' within the Table of Uses. A determination of buffer,wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocolsshall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its. subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols The mitigation plan must be Implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu feeprogram or a mitigation bank. In these oases, proof of payment shall beprovided to the Division before any impacts :occur on site. 9. Relocated stream designs should incluc existing channel (or a stable. reference I maximum extent practical, The new ON not be turned Into the new channel until stabilization shall be limited to native wr 30 -foot wide wooded and an adjacent 2 relocated channel to the maximum exte appropriate erosion control malting mat however matting that Incorporates pleat wetlands, riparian buffers or floodplains and Erosion Control Manual Rip -rap, P . ,... may be allowedif it is necessary to mail as compensatory mitigation for the impacts same dimensions, patterns, and profiles as the If the existing channel is unstable), to the should be constructed in the dry andwater shall. anks are stabilized. Vegetation used for bank pedes and should include establishment of a wide vegetatedbuffer on both sides of the ne shall not tie used in North Carolina Sediment s or other hard structures of the stream however, the, the relocation. be used 10. For sewer lines, when the construction corridor is parallel to a stream, then. theedge of the construction corridor shell. not be closer than 10 feet from top of bank For streams classified as WS (except WSAV or WS -V), S, SA ORW, HQW, or SB from normal high water (or tide elevation) and wetlands, the edge of the construction corridor shall not be closer than 50 feet to a stream, or 100 feet to private or public water supply sources or waters classified as WS -I waters or Class I or Class II impounded reservoirs used as a source of drinking water in accordance with 15A NCAC 02T .0305(f).. Utility lines within the Riparian Buffers shall be installed in accordance with the Table: of uses in the most recent venslon of the appropriate buffer rules, Utility lines shall not cross astream channel at: other than a near -perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank). 11. Any wastewater tine that crosses any stream shall be installed in accordance with the most recent version of the Gravity Sewer minimum Design Criteria or the most recent version of Water Quality Certification No. 3884 Water Quality Certification No, 3884 the Minimum Design Criteria for the Fast -Track Permitting of pump Stations and Force Main published on the Division of Water Quality's website, Exceptions to this condition require application submittal to, and written approval by, the Division; 12. 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.. 13. Any rip rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the the area directly impactedby approved construction activity. All rip -rap shall be buried and/or keyed in" such that the original stream elevation and streambank contours are restored and maintained Placement of rip -rap or other approved materials shall not result In de -stabilization of the stream bed or banks upstream or downstream of the area 14. Annual native species suitablefor wet locations shall be planted and established within jurisdictional wetlands for sol(and erosion control, Non-native, perennials such as fescue are prohibited. 15. Aone-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted tono closer than 10 feet from top of bank of streams Any fertilizer application must comply with all other Federal, State and Local regulations., 16,. The construction corridor (including access roads sediment and erosion control measures and stockpiling of materials) is limited to 40 feet (12 2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable 17. Permanent, maintained access corridors shall be restrictedto the minimum width practicable and shall not exceed 15 feet in width except at manhole locations A 15 -foal by 15 -foot perpendicular vehicleturnaround must be spaced at least 500 feet (152.4: meters). apart. 18. An :anfi�seeip collar shall be placed at the downstream(utility line gradient) wetland boundary . utility lines. Anti -seep collars may be constructed with class Bconcrete, compacted clay, PVC pipe, or metal collars, Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less. than 150 feet (45.7 meters) long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10- 5 cm/sec or less. A section and plan view diagramis attachedfor the anti -seep collars. The following specifications shalt apply to class B concrete: a) Minimum cement content,. sacks per cubic yardwith rounded course aggregate 5,0 b) Minimum cement content, sacks per cubic yard. with. angular course aggregate 5.5 c) Maximum water -cement ratio gallons per sack. 6.8 d) Slump range 2" to 4" e). Minimum strength -28 day psi 2,500 19. The applicant shall have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical, During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be. Water Quality Certification Na 3884 Water Quality Certification No, 3884 piled separately from subsoils and will be backfilfed into the trench only after the subsoils have been placed and compacted. .Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut remaining stumps off at grade level The general stripping of topsail within wetlands along the utility corridor is not permitted, 20. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification Is not valid until a Fining of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. - 21. In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted to determine If Coastal Stormwater Regulations will be required. - 22• This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals, 23. The applicaot(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 WaterAct) and any others propriaterequirementsof 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 lawfs being violated, or that further conditions are :necessary to assure compliance, then. the Division may reevaluate and modify this General Water quality Certification. 24. 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 1650 Mail Service Center, Raleigh, NC, 27699-1660. 25. Additional site-speolfio conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality _ rla rRl t n rn nvAn i ,�a �nh� 1 anon mdiF'3f1'nnnfrnl,in Vont nuaLry n'riri d711r,nnr _ 26. 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 thedate of Issuance of Certification for a 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 Certification for any project In this category of activity if it is determined that the project is likely to have a. significant adverseeffect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade thewaters so: that existing uses of the wetland or downstream. waters are precluded. Water Quality Certification No. 3884 Water Quality Certification No, 3884 .Public hearings may be held for specific applications or group of applications prior to 0 Certification decision if deemed In the publics best Interest by the Director of the North Carolina Division of Water Quality. Effective date: March 10, 2012 DIVISION OF WATER QUALITY By Charles Wakild, P;E. Director History Note Water Quality Certification (WQC) Number 3664 issued March 19, 2012 replaces WQC Number 3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007; WqC Number 3825 issued March 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number 3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997, WQC Number 3022 issued September 6; 1995, WQC Number 2664 Issued January 21, 1992. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide analbrRegional General permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No, 3884 7 Water Quality Certification No. 3884 ANTI -SEER COLLAR jngnas I Utility Line 1 I (Diameter Varies) 'I 1 I Class B Concrete or Compacted Clay MWI Ihnches Not to exceed 40 feet SECTION PLAN Water Quality Certification No. 3884 a Water Resources Envneamcntnl Qeelily ROY COOPER Gen n,or MICHAEL S. REGAN s S. JAY ZIMMERMAN Ulrector 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 D WR 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 ogre 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 Ceratecation -. I,. - , 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: Ifthis project was designed by a Certified Professional 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: Date Registration No. -? Nothing Compares; -,— SA, dNorth Cerolivu I Es,or smentel Quul c I Water Resource, 2090 U S. ni,h, e,70, Swmmavoq Nm b Caroline 28778 828196-4500