HomeMy WebLinkAbout20171523 Ver 2_Approval Letter_20190314DocuSign Envelope ID: 5CBCDF87-BBE1-4AA8-A968-EC682696C111
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Uwharrie Green School Inc.
Attn: Mr. Van Hurley
5326 Highway 220 Business South
Asheboro NC 27205
STATE o
NORTH CAROLINA
Environmental Quality
March 14, 2019
DWR # 20171523 v2
Randolph County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Uwharrie Charter Middle School
Dear Mr. Hurley:
You have our approval for the impacts listed below for the purpose described in your application dated
February 24, 2019, received by the Division of Water Resources (Division) February 28, 2019. These
impacts are covered by the attached Water Quality General Certification Number 4139 and the
conditions listed below. This Certification replaces the Certification issued on March 27, 2018. This
Certification is being issued to include impacts associated from additional riprap installation below each
culvert as proposed in the Stormwater Management Plan. This certification is associated with the use of
Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. 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.
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 (units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact Area 1 - culvert
95 (linear feet)
0 (linear feet)
Impact Area 1 - riprap
22 (linear feet)
10 (linear feet)
Impact Area 2 - culvert
47 (linear feet)
0 (linear feet)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800
DocuSign Envelope ID: 5CBCDF87-BBE1-4AA8-A968-EC682696C111
Uwharrie Green School Inc.
DWR# 20171523 v2
401APPROVAL
Page 2 of 4
Impact Area 2 - riprap 16 (linear feet) 10 (linear feet)
404/401 Wetlands
Impact Area 2 0.04 (acres) 0 (acres)
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. 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. [15A NCAC 02H .0507(d)(2)]
The Winston Salem Regional Office shall be notified within 15 days after installation of each of
additional riprap at the approved impact areas. [15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0502 (e)]
4. The Division approves the Stormwater Management Plan (SMP) consisting of a level spreader
and all associates stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on the submitted reports and drawings, which are incorporated by
reference and are enforceable by the Division. The following conditions also apply [15A NCAC
02H .0506(b)]:
a. The overall built -upon area for the project shall be maintained at or below those
identified in the approved drawings. Any increases in BUA require prior approval from
the Division.
b. All drainage discharge outfalls into a stream shall do so at a non-erosive velocity for the
10 year storm.
C. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
d. The Permittee shall ensure that the level spreader and riprap aprons are maintained and
functional at all time for optimum efficiency including inspections, sediment removal,
and repair of eroded areas.
e. The SMP may not be modified without prior written approval from the Division.
Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision will require
a modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and
15A NCAC 02H .0501 and .05021
6. Visual monitoring of the unnamed tributary at Impact Area #3 shall be conducted immediately
following installation of the culvert and quarterly thereafter. Monitoring shall occur at least
once a year during a rain event that results in precipitation amounts of % inch or greater.
Pictures shall be taken of the stream and streambank conditions immediately upstream of the
impact area and 100 feet downstream of the impact area during each monitoring event. If
visual monitoring indicates that banks of the tributary are exhibiting erosion or that the channel
is significantly flooded during precipitation events, the DWR WSRO shall be notified in writing.
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DocuSign Envelope ID: 5CBCDF87-BBE1-4AA8-A968-EC682696C111
Uwharrie Green School Inc.
DWR# 20171523 v2
401APPROVAL
Page 3 of 4
7. If monitoring conducted pursuant to Condition #8 indicates that the unnamed tributary is
overwhelmed, unstable, or that the banks of the tributary are unstable, then the Permittee shall
conduct a detailed analysis of the cause and propose a resolution to the DWR WSRO. Upon
approval by the DWR WSRO the Permittee shall implement the resolution accordingly and in a
timely manner.
8. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in 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)
/ thirty (30) 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: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
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DocuSign Envelope ID: 5CBCDF87-BBE1-4AA8-A968-EC682696C111
Uwharrie Green School Inc.
DWR# 20171523 v2
401APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or
concerns.
Sincerely,
DocuSigned by:
145B49E225C94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Brad Luckey, Pilot Environmental (via email)
D. Keith Rains, PE, The Rains Group (via email)
Andrew Williams, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file
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