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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. Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4