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HomeMy WebLinkAbout20170480 Ver 1_Approval Letter_20170627Wufo F,1eS0 , cc.s L J Vi WQ NV i NT h 0 UA ­ 7 7' June 27, 2017 3M Company Attn: Mr. James Zieglmeier 4191 Highway 87 South Moncure, NC 27559 ROY COOPER M MCAD EL S. R1:GAN S. JAY ZININIFRNIAN D W R # 17-0480 Chatham County Subject: Approval of Individual 401 Water Quality Certification/isolated and Other Non -404 Jurisdictional Wetlands and Waters Permit with Additional Conditions 3M Pittsboro Mine Expansion USACE Action ID. No. SAW -2013-02028 Dear Mr. Zieglmeier: Attached hereto is a copy of Certification No. 4120 issued to Mr. James Zieglmeier and 3M Company, dated June 27, 2017. 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://www.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 I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 3M Company DWR# 17-0480 Individual Certification #4120 Page 2 of 7 if sending 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 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 and 15A NCAC 02H .1300. Contact Jennifer Burdette at 919-807-6364 or me at 919-807-6360 or karen.higgins@ncdenr.gov or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, 4�� (�/ Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Chris Wu, Environmental Consulting and Technology of NC, PLLC (via cwu@ectinc.com) USACE Raleigh Regulatory Field Office Todd Bowers, EPA (via bowers.todd@epa.gov) DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Attachment: IWGP10000 Filename: 1704803MPittsboroMineExt(Chatham)_401_IC.docx 3M Company DWR# 17-0480 Individual Certification #4120 Page 3 of 7 CERTIFICATION #4120 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 02H .1300, to Mr. James Zieglmeier and 3M 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 April 18, 2017, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on April 28,, 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 02H .0506(b) & (c) & 15A NCAC 02B .1305(d)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Intermittent Stream S1— S131 1,490 (linear feet) 0 (linear feet) S2 — SA3 439 (linear feet) 0 (linear feet) S3 — SA4 604 (linear feet) 0 (linear feet) Stream Totals 2,533 (linear feet) 0 (linear feet) 404/401 Wetlands W1— WB10 0.15 (acres) 0 (acres) Isolated Wetlands W2 — WA3 0.40 (acres) 0 (acres) Note: Jordan Lake Riparian Buffer impacts were approved by a Major Variance granted by the Water Quality Committee of the Environmental Management Commission at its May 13, 2015 meeting followed by Final Decision Granting Variance with conditions on June 18, 2015, 2. Mining Permit Full compliance with Mining Permit 19-16, issued by the Division of Energy, Mineral and Land Resources (DEMLR), is required. The Division shall be copied on any request for modification to the Mining Permit. [15A NCAC 02H .0506(b)(2) & (c)(2) & 15A NCAC 02H .1305(d)(2)] 3M Company DWR# 17-0480 Individual Certification #4120 Page 4 of 7 NPDES Stormwater Permit Full compliance with NPDES Stormwater Permit NCG020330, issued by DEMUR, is required. The Division shall be copied on any request for modification to the Stormwater Permits. [15A NCAC 02H .0506(b)(5) & (c)(5) & 15A NCAC 02H .1305(d)(4)] 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 application 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 certification. [15A NCAC 02H .0501 &.0502 & 15A NCAC 02H .1302] 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) & (c)(3) & 15A NCAC 02H .1305(d)(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. 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. 3M Company DWR# 17-0480 Individual Certification #4120 Page 5 of 7 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 & 15A NCAC 02H .1302] 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.or/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(4) & (c)(4) & 15A NCAC 02H .1305(d)(4)] 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) & (c)(3) & 15A NCAC 02H .1305(d)(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] 10. 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 .0267(6) & 15A NCAC 0213 .0231] 11. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 3M Company DWR# 17-0480 Individual Certification #4120 Page 6 of 7 12. Continuing Compliance Mr. James Zieglmeier and 3M Company 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 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 Mr. James Zieglmeier and 3M 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 Mr. James Zieglmeier and 3M 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. 13. 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 & .0502 & 15A NCAC 02H .1302] 14. 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) & 15A NCAC 02H .1302(f)] 15. 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) & 15A NCAC 02H .1302(f)] 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 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), 15A NCAC 02H .0506, 15A NCAC 02H .1304(c)(2) & 15A NCAC 02H .1305] 3M Company DWR# 17-0480 Individual Certification #4120 Page 7 of 7 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 27th day of lune 2017 kojin ( Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4120