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Home My WebLink About20030065 Ver 1_Approval Letter_20030307paps W A T ~RpG r '-i O `~ Alan W. Klimek, P.E., Director Division of Water Quality March 7, 2003 HWB, Inc. Attn: Mr. David Weil 106 E. Walnut Street Goldsboro, NC 27533 Subject Property: Rosewood Industrial Park, Hwy 70 and 581, Goldsboro, NC UT to Little River [03-04-06, 27-57-(20.2), WS-IV NSW] DWQ Project No. 03-0065 County: Wayne Page 1 of 2 APPROVAL of 401 Water Gluality Certification and Major Variance Approval per the Neuse River Buffer Protection Rules (15A NCAC 26 .0233) with ADDITIONAL CONDITIONS Dear Mr. Weil: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 570 feet of stream and 41,839 square feet (ft2) of protected riparian buffers for the purpose of redeveloping the existing commercial site into a gas station /convenience store and fast food restaurant, as described Within your Major Variance Request presented to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on February 12, 2003 and the Pre-construction Notification Application (PCN) dated March 3, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3362 (GC3362). The Certification(s) allows you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USAGE). This letter shall, also, act as your Major Variance approval as decided by the WQC on February 12, 2003 and described within 15A NCAC 26 .0233(9)(c). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge and Neuse Stormwater regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in GC3362. This approval is only valid for the purpose and design that you described in your Major Variance Request and PCN Application. If you change your project, you must notify us and you may be required to send us a new application and request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of this Certification and approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in GC3362 and any other conditions listed below. Conditions: 1. Stormwater Management A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification and Major Variance Approval occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. The stormwater management plan must include the extended detention wetland to remove nitrogen as required by the WQC. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality (DWQ). Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources North Carolina Division of Water Quality, WETLANDS / 401 UNIT 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands Page 2 of 2 2. Buffer Mitigation You are required to provide 2.45 acres of buffer mitigation as required by the WOC and proposed within your IVrajor Variance Request and PCN application. A final, written buffer mitigation plan shall be approved in writing by this Office before the impacts specified in this Certification and Major Variance Approval occur. The buffer mitigation plan must include plans and specifications according to 15A NCAC 026 .0242(9). 3. 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 the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3362. If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your variance request. You must send us a request for this review in writing within 60 days of the date that you receive this letter. If you do not accept any of the conditions of their review or if you do not accept any of the conditions of this Certification, then you may ask for an adjudicatory hearing. You must request this hearing within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This Certification and Major Variance Approval and their conditions are final and binding unless you ask for a hearing. - This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 26 .0233. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726. Sincerely, f r~. -- . Klime , P.E., D Q, Director Attachments: Certificate of Completion GC 3362 Cc: Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614 Scott Jones, USACE Washington Regulatory Field Office Tom Steffens, DWQ Washington Regional Office File Copy Central Files DWQ # 03-0065 Date: March 7, 2003 bz