20030065 Ver 2_Approval Letter_20080213

O?OF WAT QG
r
HWB, Inc.
Attn: David Weil
PO Box 2063
Goldsboro, NC 27533
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
February 13, 2008
DWQ Project # 03-0065 vs. 2
Wayne County
Subject Property: Rosewood Industrial Park, Hwy 70 and 581, Goldsboro, NC
UT to Little River, 030406, 27-57-(20.2), WS-IV, NSW
Approval of 401 Water Quality Certification and Major Variance per the Neuse River Buffer
Protection Rules (15A NCAC 2B .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 streams and 41839 square feet (ft2) of protected
riparian buffers for the purpose of redeveloping the existing commercial site as described in 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. This approval covers the request received by the DWQ
on December 17, 2007, to renew the original approval for the time specified below. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 213 .0233. 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, and Non-discharge regulations. Also, 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naharally
Weil:
Page 2 of4
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream 570 (feet) Plat provided with application
404/CAMA Wetlands na (acres) na
Waters 0.098 (acres) Plat provided with application
Buffers 41839 (square ft.) Plat provided with application
2. Erosion & Sediment Control Practices
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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project.
5. 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
6. Buffer Mitigation
You are required to provide 2.45 acres of buffer mitigation as required by the WQC and
proposed within you Major Variance Request and PCN application. A final, written buffer
mitigation plan shall be approved by this office before the impacts specified in this
Certification and your Major Variance Approval occurs. The buffer mitigation plan must
include plans and specifications according to 15 A NCAC 02B .0242(9).
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60
days of the issuance of the 401 Water Quality Certification. The stormwater management
plans shall be approved in writing by this Office before the impacts specified in this
Certification occurs per Condition No. 12 in GC No. 3705. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan. The
stormwater management plan must include plans, specifications, and worksheets for
stormwater management facilities that are appropriate for the surface water classification
and designed to remove at least 85% TSS according to the most recent version of the NC
DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. 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.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
Weil:
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impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Kyle Barnes of the Washington
Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-
715-4631.
mcerely,
tot-
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
File copy
Central Files
DLR, WaRO
Nicole Thompson, S&EC, PA,
11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 03-0065 vs. 2