ATTACHMENT_C_DHEC_Approval_Letter_Improvements_for_Connelly_Haynes_Road.pdf

January 13, 2023

Jason Carraher Dorchester County 2120 East Main Street Dorchester, SC 29437

RE: Improvements for Connelly Haynes Road, Dorchester County

NPDES Coverage Number: SCR10ZC3R

Dear Jason Carraher:

The Department of Health and Environmental Control (Department or DHEC) has approved the Stormwater Pollution Prevention Plan (SWPPP) for the referenced project on January 13, 2023 WITHOUT REVIEW. Based on your submission of the Notice of Intent (NOI) and in accordance with the NPDES General Permit for Stormwater Discharges from Construction Activities (CGP), this project has been granted coverage under the CGP. This project’s general permit coverage number is SCR10ZC3R. The total disturbed area for this site is 1.3 acres.

See attached DHEC Office of Ocean and Coastal Resource Management (DHEC-OCRM) certification dated December 29, 2022, for additional conditions related to the Coastal Zone Consistency determination.

The CGP can be downloaded at the following website: http://www.scdhec.gov/Environment/docs/CGP-permit.pdf or you may request a copy from us via email (stormwatercgp@dhec.sc.gov). You are responsible for ensuring your contractor(s) complies with the approved SWPPP and the minimum requirements of the CGP. Also, you are responsible for overall compliance with the Storm Water Management and Sediment Reduction Act of 1991 (1991 Act), SC Pollution Control Act, and the Federal Clean Water Act (CWA). Failure to comply with the approved SWPPP or applicable statutes and regulations may result in enforcement actions.

You must notify the local DHEC EA office prior to starting any land-disturbing activity. The address and telephone number are as follows:

Lowcountry EA Charleston 1362 McMillan Avenue, Suite 300 Charleston, SC 29405 843-953-0150

Inspections of this site must be performed by qualified personnel as described in Section 4.2.E of the CGP.

You should be aware that this approval is only applicable for the SWPPP that was submitted for this project.

Any additional construction or land disturbing activity beyond the scope of the approved plans is not authorized. Any future work for this project not shown on the stamped, approved plans will require that you submit another site plan for review and approval. All major modifications require review and approval by the Department. Minor modifications to the approved SWPPP may be made by the SWPPP preparer and do not require review and approval by the Department; these changes should be signed and dated by the SWPPP http://www.scdhec.gov/Environment/docs/CGP-permit.pdf http://www.scdhec.gov/Environment/docs/CGP-permit.pdf mailto:stormwatercgp@dhec.sc.gov preparer. If you have a question about whether a modification is major or minor, contact the Coastal Stormwater Permitting Section at (843) 953-0200.

A copy of the stamped, approved SWPPP (including a copy of the CGP, contractor certifications, inspection records, rainfall data, etc.), NOI, and CGP coverage letter from DHEC must be retained and available at the construction site (or accessible within 30 minutes during normal business hours) from the date of commencement of construction activities to the date of final stabilization. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the plan’s location must be posted near the main entrance at the construction site.

All contractors who will conduct land-disturbing activities at the site must complete a Contractor Certification Form. You are also responsible for listing all contractors in the SWPPP and for holding a pre-construction conference with each contractor before they can conduct land-disturbing activity at the site.

The Department may conduct periodic inspections of your site. Any violations found during these inspections may result in enforcement action.

This NPDES coverage should be terminated by the permittee when the conditions listed in Section 5.1 of the CGP have been met. You must submit a Notice of Termination (NOT) to cancel your NPDES coverage under the CGP. Please see section 5.1 of the CGP for additional information required to be submitted with the NOT.

You are responsible for obtaining any other federal, state, or local permit that may be required for this project. In particular, any permits through the U.S. Army Corps of Engineers for the placement of fill material in Waters of the United States. Please note we have not sent a copy of this letter to any county or city building official. You must send a copy of this letter to these agencies, if necessary.

If material excavated during construction activities leaves the site, a mine operating permit may be needed. You are responsible for contacting the Mining and Reclamation Section to determine if a mining permit is required for the site. The Mining and Reclamation Section can be reached at (803)898-1362 or via e-mail at AskMines@dhec.sc.gov.

Please see the enclosed “Guide to Board Review” document for information about the procedures for appealing this NPDES coverage.

If you have any questions or cannot access the referenced websites, please call me at 843-953-0238.

Sincerely, George M. Cox Coastal Stormwater Permitting Section

EC: Andrew Smyre, Davis & Floyd Inc.

Sara Holgate, Lowcountry EA Charleston mailto:AskMines@dhec.sc.gov

(Maintain As Part of On-Site SWPPP)

For Official Use Only

Submission of this Notice of Intent constitutes notice that the Applicant identified in Section II intends to be authorized as a Primary Permittee in the state of South Carolina under NPDES General Permit SCR1000000.

Fees required for review and NPDES coverage of each application type are as listed on page 2 of the Instructions

Date: ____________________________ Project/Site Name: _____________________________________________________ County: ______________________________________ (Modification or Change of Information Only) Prior Approved NPDES Permit or File Number: ___________________________________

Do you want this project to be considered for the Expedited Review Program (ERP)? Yes or No (See instructions)

I. Notice of Intent (NOI) Application Type(s) A. Project (Application/Review) Type(s) (Select ALL that apply):

New Project (Initial Notification) Ongoing Project: Permitted or Un-Permitted Late Notification Low Impact Development (LID) or Project Design Above Regulatory Requirements New Owner/Operator or Company Name Change (see instructions, attach Form A (Transfer of Ownership)) Major Modification: (see instructions, attach Form B (Major Modifications)) MS4 Project Review Ocean and Coastal Resource Management (OCRM) Review Change of Information/Other (Specify): __________________________________________________________________

B. If Applicable, identify the entity designated as MS4 Reviewer and MS4 Operator (i.e., Lexington County, City of Greer, etc.): MS4 Reviewer_________________________________ MS4 Operator ___________________________________

II. Primary Permittee Information Change of Information

Person or Company If a Company, are you a Lending Institution or Government Entity?

Company EIN (If applicable): EIN: _ ___________

A. Primary Permittee Name: ______________________________________________________________________________________ Mailing Address: ___________________________________ City: ________________________State: ______ Zip: ______________ Phone: ____________________ Fax: ____________________Email Address: _____________________________________________

B. Contact /ODSA Name (If different from above OR if owner is a company): _________________________________________________ . Mailing Address: ____________________________________City: _______________________State: ______ Zip: _______________

Phone: ____________________ Fax: ____________________Email Address: _____________________________________________ C. Property Owner Name (If different from above): ___________________________________________________________________

Mailing Address: ___________________________________ City: _______________________State: ______ Zip: _______________ Phone: ____________________ Fax: ____________________Email Address: _____________________________________________

III. Comprehensive Stormwater Pollution Prevention Plan (C-SWPPP) Preparer Information Change of Information A, C-SWPPP Preparer Name: ______________________________________________________________________________________ B. Registered Professional Engineer Landscape Architect Tier B Land Surveyor S. C. Registration #: ____________ C. Company/Firm Name: ___________________________________________________________ S. C. COA # : __________________

Mailing Address: ____________________________________City: ______________________State: ______ Zip: ________________ Phone: ___________________ Fax: _____________________Email Address: ____________________________________________

IV. Project/Site Information Change of Information A. Type of Construction Activity(ies) (Select ALL that apply):

Commercial Industrial Institutional Mass Grading Linear Utility/Infrastructure Residential: Single-family Residential: Multi-family Multi-use (Commercial & Residential) Site Preparation (No New Impervious Area) Other (Specify) ______________________________________________

B. Site Address/Location (street address, nearest intersection, etc.) _____________________________________________ City/Town (If in limits): _______________________________________________________ Zip Code: _________________________ Latitude: ____ ____’____” N Longitude: - ____ ____’____” W (Source): GPS Web Site: _______________________________ Tax Map Number (s) (List all): ______________________________________________________________________________________

SCR10ZC3R

coxgm Approval with Date

C. Is this site located on Indian Land? Yes No D. Proposed Start Date: ____________________ Proposed Completion Date: ____________________ E. Disturbed Area (nearest tenth of an acre): ________________ Total Area (acres): ________________ F. Modification Only:(nearest tenth of an acre): Disturbed Area: Current (Approved) Area: _______________

Disturbed Area Change (Increase Only): __________________ Total Disturbed Area (After Change): _________________ G. Is this project part of a Larger Common Plan for Development or Sale (LCP)? Yes No

LCP/ Overall Development Name: ____________________________________ Check here if this is the First Phase.

Previous State Permit/File Number: ____________________ Previous NPDES Coverage Number: SCR10 ______________

H. Any Flooding Problems exist downstream of or adjacent to this site? Yes No (If yes, provide detailed description of flooding problems and applicable floodway/flood zone information in the C-SWPPP).

I. Active S.C. DHEC Warning Notice, Notice to Comply or Notice of Violation for this site or LCP? Yes No J. List Relevant State and Federal Environmental Permits or Approvals applied for or obtained for this site (e.g., RCRA, USACOE, Nationwide, etc.). If None, list None.

K. Any Waiver(s)/Variances/Exceptions Requested for this Project? (If yes, identify below and include Waiver Request and Justifications in the C-SWPPP for each proposed request).

1. Small Construction Activity Waiver(s) From NPDES permitting (Section 1.4 & Appendix B)? Yes No If yes, Identify requested waiver: Rainfall Erosivity Waiver TMDL Waiver Equivalent Analysis Waiver

2. Detention Waiver (72-302(B)? Yes No 3. Other (Specify): ____________________________________________

V. Waterbody Information (Attach additional sheet(s) as needed) Change of Information A. Receiving Waterbody(s) (RWB) Information (List the nearest and next nearest receiving waterbodies to which the sites stormwater discharges will drain. If stormwater discharges drain to multiple waterbodies, list all such waterbodies).

1. Name of Receiving Waterbodies (RWB) 2. Distance to RWB (feet)

3. Classification of

RWB

a. Nearest: _______________________________________

b. Next Nearest: __________________________________

c. Coastal Zone ONLY: Coastal Receiving Water (CRW): ________________________ Not Applicable

d. Other Waterbodies: _____________________________

B. Waters of the U.S. / State Information (Attach additional sheet(s) as needed)

Waters of the U.S./ State 1. On the site? 2. Delineated/ Identified? 3. Impacts? 4. Amount of impacts

a. Jurisdictional wetlands Yes No Yes No Yes No _____ Ac

b. Non-jurisdictional wetlands Yes No Yes No Yes No _____ Ac

c. Other Water(s): _________________________ Yes No Yes No Yes No _____ Ac ______ Feet

d. Coastal Zone ONLY: Direct Critical Area Yes No Yes No Yes No _____ Ac ______ Feet

5. If yes for impacts in B.3, describe each impact and activity, and list all permits (e.g., USACOE Nationwide Permit, DHEC General Permit) and certifications that have been applied for or obtained for each impact:

C. S.C. Navigable Waters (SCNW) Information (Section 2.6.5) The Department will address any issues related to State Navigable Waters’ Program under SC Regulation 19-450 during the review of the C-SWPPP for activities that will NOT require a 404 permit or a 401 certification. (Attach additional sheet(s) as needed).

1. Are S. C. Navigable Waters (SCNW) on the site: Yes No

a. If no, do not complete this question. Proceed to Section D (Impaired Waterbodies).

b. If yes, provide the name of S.C. Navigable Waters (SCNW) on the site: ________________________________________

2. If yes for C.1, will construction activities cross over or occur in, under, or thru the SCNW? Yes No If yes, describe SCNW activities (e.g., road crossing, sub-aqueous utility line, temporary or permanent structures, etc.) and proceed to Section C.3: _______________________________________________________________________________________

3. Identify permits providing coverage of SCNW activities proposed for your site. If NONE, list none.

Permits/Certifications Permit or Certification No. Corresponding Covered SCNW Activity(ies)

a. DHEC General/ Other DHEC Permit

b. USACOE 404 Permit or 401 Certification

c. SCNW Permit If applied for or issued, identify Date applied for or issued: ________________

All Activities or Some Activities (Describe):

d. If a SCNW Permit has NOT been applied for provide an additional plan sheet that shows plan and profile views (drawn to scale) of the SCNW and associated activities. Include a description of all proposed activities on this plan.

1/26/22

Coastal Zone Consistency Determination

To: George M. Cox, BOW Coastal Stormwater Permitting Section

From: Christopher M Stout, OCRM Coastal Zone Consistency Section

Applicant: Jason Carraher, Dorchester County

Project Name: Improvements for Connelly Haynes Road

Finding: Conditionally Consistent with the SC Coastal Zone Management Program

Site Location: Connelly Haynes Road between US-15 and Peele Road, na, Dorchester County, South Carolina (TMS#: N/A)

Reference #: HPF-J95E-QAF1B

Date: December 29, 2022

The staff of the Office of Ocean and Coastal Resource Management (OCRM) reviewed the above referenced Coastal Zone Consistency project request for land disturbance associated with a rural road improvement project. The project consists of paving 1400 linear feet of an existing rural, dirt road and 600 linear feet of driveway. The total area of disturbance will be 1.3 acres of a 2.8 acre project site.

We hereby certify that the above referenced project is Conditionally Consistent with the Guidelines for Evaluation of All Projects as well as the Transportation Facilities (Roads and Highways), Activities in Areas of Special Resource Significance (Wetlands), and Stormwater Management (Runoff) policies contained in the S.C. Coastal Zone Management Program provided the following conditions are included in the permits and adhered to by the applicant.

1. In the event that any historic or cultural resources and/or archaeological materials are found during the course of work, the applicant must notify the State Historic Preservation Office and the South Carolina Institute of Archaeology and Anthropology. Historic or cultural resources consist of those sites listed in the National Register of Historic Places and those sites that are eligible for the National Register. Archaeological materials consist of any items, fifty years old or older, which were made or used by man. These items include, but are not limited to, stone projectile points (arrowheads), ceramic sherds, bricks, worked wood, bone and stone, metal and glass objects, and human skeletal materials.

2. The applicant is not authorized to impact any wetlands. In the event any impacts to wetlands occur, the US Army Corps of Engineers and DHEC-OCRM must be notified and all work must cease to minimize additional impacts until the applicant receives authorization.

3. All construction BMPs must be installed, inspected and maintained to hold sediment onsite and to protect any adjacent or downstream critical area, wetlands and waters through the life of the project. Upon completion of construction activities, all disturbed (includes undeveloped) areas, including those impacted for access, must be immediately stabilized.

4. The project must be fully consistent with local zoning and comprehensive plans prior to work being conducted.

This determination shall serve as the SCDHEC OCRM Coastal Zone Consistency Determination for the work described above. However, this determination does not serve as a Department permitting decision and does not alleviate the applicant’s responsibility to obtain any applicable State or Federal permit(s) for the work. Local government authorizations may also be required.

Rev 2, 05/08/2014

South Carolina Board of Health and Environmental Control Guide to Board Review

Pursuant to S.C. Code Ann. § 44-1-60

The decision of the South Carolina Department of Health and Environmental Control (Department) becomes the final agency decision fifteen (15) calendar days after notice of the decision has been mailed to the applicant, permittee, licensee and affected persons who have requested in writing to be notified, unless a written request for final review accompanied by a filing fee in the amount of $100 is filed with Department by the applicant, permittee, licensee or affected person.

Applicants, permittees, licensees, and affected parties are encouraged to engage in mediation or settlement discussions during the final review process.

If the Board declines in writing to schedule a final review conference, the Department’s decision becomes the final agency decision and an applicant, permittee, licensee, or affected person may request a contested case hearing before the Administrative Law Court within thirty (30) calendar days after notice is mailed that the Board declined to hold a final review conference. In matters pertaining to decisions under the South Carolina Mining Act, appeals should be made to the South Carolina Mining Council.

I. Filing of Request for Final Review

1. A written Request for Final Review (RFR) and the required filing fee of one hundred dollars ($100) must be received by Clerk of the Board within fifteen (15) calendar days after notice of the staff decision has been mailed to the applicant, permittee, licensee, or affected persons. If the 15th day occurs on a weekend or State holiday, the RFR must be received by the Clerk on the next working day. RFRs will not be accepted after 5:00 p.m.

2. RFRs shall be in writing and should include, at a minimum, the following information:

• The grounds for amending, modifying, or rescinding the staff decision;

• a statement of any significant issues or factors the Board should consider in deciding how to handle the matter;

• the relief requested;

• a copy of the decision for which review is requested; and

• mailing address, email address, if applicable, and phone number(s) at which the requestor can be contacted.

3. RFRs should be filed in person or by mail at the following address:

South Carolina Board of Health and Environmental Control Attention: Clerk of the Board 2600 Bull Street Columbia, South Carolina 29201

Alternatively, RFR’s may be filed with the Clerk by facsimile (803-898-3393) or by electronic mail (boardclerk@dhec.sc.gov).

4. The filing fee may be paid by cash, check or credit card and must be received by the 15th day.

5. If there is any perceived discrepancy in compliance with this RFR filing procedure, the Clerk should consult with the Chairman or, if the Chairman is unavailable, the Vice-Chairman. The Chairman or the Vice-Chairman will determine whether the RFR is timely and properly filed and direct the Clerk to (1) process the RFR for consideration by the Board or (2) return the RFR and filing fee to the requestor with a cover letter explaining why the RFR was not timely or properly filed. Processing an RFR for consideration by the Board shall not be interpreted as a waiver of any claim or defense by the agency in subsequent proceedings concerning the RFR.

6. If the RFR will be processed for Board consideration, the Clerk will send an Acknowledgement of RFR to the Requestor and the applicant, permittee, or licensee, if other than the Requestor. All personal and financial identifying information will be redacted from the RFR and accompanying documentation before the RFR is released to the Board, Department staff or the public.

7. If an RFR pertains to an emergency order, the Clerk will, upon receipt, immediately provide a copy of the RFR to all Board members. The Chairman, or in his or her absence, the Vice-Chairman shall based on the circumstances, decide whether to refer the RFR to the RFR Committee for expedited review or to decline in writing to schedule a Final Review Conference. If the Chairman or Vice-Chairman determines review by the RFR Committee is appropriate, the Clerk will forward a copy of the RFR to Department staff and Office of General Counsel. A Department response and RFR Committee review will be provided on an expedited schedule defined by the Chairman or Vice-Chairman.

8. The Clerk will email the RFR to staff and Office of General Counsel and request a Department Response within eight (8) working days. Upon receipt of the Department Response, the Clerk will forward the RFR and Department Response to all Board members for review, and all Board members will confirm receipt of the RFR to the Clerk by email. If a Board member does not confirm receipt of the RFR within a twenty-four (24) hour period, the Clerk will contact the Board member and confirm receipt. If a Board member believes the RFR should be considered by the RFR Committee, he or she will respond to the Clerk’s email within forty-eight (48) hours and will request further review. If no Board member requests further review of the RFR within the forty-eight (48) hour period, the Clerk will send a letter by certified mail to the Requestor, with copy by regular mail to the applicant, permittee, or licensee, if not the Requestor, stating the Board will not hold a Final Review Conference. Contested case guidance will be included within the letter.

NOTE: If the time periods described above end on a weekend or State holiday, the time is automatically extended to 5:00 p.m.

on the next business day.

9. If the RFR is to be considered by the RFR Committee, the Clerk will notify the Presiding Member of the RFR Committee and the Chairman that further review is requested by the Board. RFR Committee meetings are open to the public and will be public noticed at least 24 hours in advance.

10. Following RFR Committee or Board consideration of the RFR, if it is determined no Conference will be held, the Clerk will send a letter by certified mail to the Requestor, with copy by regular mail to the applicant, permittee, or licensee, if not the Requestor, stating the Board will not hold a Conference. Contested case guidance will be included within the letter.

II. Final Review Conference Scheduling

1. If a Conference will be held, the Clerk will send a letter by certified mail to the Requestor, with copy by regular mail to the applicant, permittee, or licensee, if not the Requestor, informing the Requestor of the determination.

2. The Clerk will request Department staff provide the Administrative Record.

3. The Clerk will send Notice of Final Review Conference to the parties at least ten (10) days before the Conference. The

Conference will be publicly noticed and should:

• include the place, date and time of the Conference;

• state the presentation times allowed in the Conference;

• state evidence may be presented at the Conference;

• if the conference will be held by committee, include a copy of the Chairman’s order appointing the committee; and

• inform the Requestor of his or her right to request a transcript of the proceedings of the Conference prepared at Requestor’s expense.

4. If a party requests a transcript of the proceedings of the Conference and agrees to pay all related costs in writing, including costs for the transcript, the Clerk will schedule a court reporter for the Conference.

III. Final Review Conference and Decision

1. The order of presentation in the Conference will, subject to the presiding officer’s discretion, be as follows:

• Department staff will provide an overview of the staff decision and the applicable law to include [10 minutes]:

▪ Type of decision (permit, enforcement, etc.) and description of the program.

▪ Parties

▪ Description of facility/site

▪ Applicable statutes and regulations

▪ Decision and materials relied upon in the administrative record to support the staff decision.

• Requestor(s) will state the reasons for protesting the staff decision and may provide evidence to support amending, modifying, or rescinding the staff decision. [15 minutes] NOTE: The burden of proof is on the Requestor(s)

• Rebuttal by Department staff [15 minutes]

• Rebuttal by Requestor(s) [10 minutes] Note: Times noted in brackets are for information only and are superseded by times stated in the Notice of Final Review Conference or by the presiding officer.

2. Parties may present evidence during the conference; however, the rules of evidence do not apply.

3. At any time during the conference, the officers conducting the Conference may request additional information and may question the Requestor, the staff, and anyone else providing information at the Conference.

4. The presiding officer, in his or her sole discretion, may allow additional time for presentations and may impose time limits on the Conference.

5. All Conferences are open to the public.

6. The officers may deliberate in closed session.

7. The officers may announce the decision at the conclusion of the Conference or it may be reserved for consideration.

8. The Clerk will mail the written final agency decision (FAD) to parties within 30 days after the Conference. The written decision must explain the basis for the decision and inform the parties of their right to request a contested case hearing before the Administrative Law Court or in matters pertaining to decisions under the South Carolina Mining Act, to request a hearing before the South Carolina Mining Council. The FAD will be sent by certified mail, return receipt requested.

9. Communications may also be sent by electronic mail, in addition to the forms stated herein, when electronic mail addresses are provided to the Clerk.

The above information is provided as a courtesy; parties are responsible for complying with all applicable legal requirements.