20061154 Ver 4_Approval Letter_20080826

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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
August 26, 2008
DWQ Project # 06-1154, Ver. 4
Wake County
Mr. Johnny Blankenship
ABM Associates, LLC
2204-F Associates Drive
Raleigh, NC 27603
Subject Property: Associates Park II
Mills Branch [030403, 27-43-15-7, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions - REVISED
Dear Mr. Blankenship:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 140 linear feet of perennial stream and 9,449 square feet of Zone 1 Neuse
River basin protected riparian buffer, and 4,302 square feet of Zone 2 Neuse River basin protected
riparian buffer, as described in your application dated July 30, 2008, and received by the Division of
Water Quality (DWQ) on July 30, 2008, to construct a business park at the site. 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) NW39 when
issued by the US Army Corps of Engineers (USACE). This Certification replaces the Certification
issued to you on August 15, 2008. 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.
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:
Not thCarolina
401 Oversight/Express Review Permitting Unit NQturallb(
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http;_?h2u.en-_state..kle_us ncwetlands
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a.
ABM Associates, LLC
Page 2 of 5
August 26, 2008
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 140 (linear feet) PCN age 4 of 8
Buffers Zone 1 9,449 (square feet) PCN page 7 of 8
Buffers Zone 2 4,302 (square feet) PCN page 7 of 8
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(htip://www.ncdot.or /cg ?toh/operations,BMP_manual/download/BMP_Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
ABM Associates, LLU
Page 3 of 5
August 26, 2008
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and.other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately "accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Diffuse Flow (DWQ Review)
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without re-
concentrating. If this is not possible it may be necessary to provide stormwater facilities that are
considered to remove nitrogen. Additionally, a stormwater management plan for this project shall
be provided to this Office before any of the impacts approved herein are conducted. The plan
shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse
flow through the protected buffers or nitrogen removal as described above will be achieved.
7. Stormwater Management Plan
The Stormwater Management Plan for each lot must be approved by the 401 Oversight/Express
Unit prior to any land disturbance associated with developing that lot. If the project becomes
subject to another state stormwater program, a copy of the local government's approval letter and
approved SMP must be submitted to the 401 Oversight/Express Unit before any land
disturbance associated with developing that lot may occur.
ABM Associates, LLC
Page 4 of 5
August 26, 2008
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
Mitigation:
9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Buffer Zone 1 28,347 (square feet) Neuse/03020201
Buffer Zone 2 6,453 (square feet) Neuse/03020201
10. 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
cert ificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 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.
Atilvl Associates, LLI,
Page 5 of 5
August 26, 2008
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 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
CHSlijm
Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061154Ver4AssociatesParkII(Wake)401 _NBR_Revised
A F. Easley, Governor
Michael
:0
William G. Ross Jr., Secretary
?'? TQ
GP North Carolina Department of Environment and Natural Resources
co r Coleen H. Sullins, Director
-. 1 Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Johnny Blankenship and ABM Associates, feet of permission ase
outlined below to fill or otherwise impact 140 linear feet of perennial stream and 9,449 square Zone I
River basin protected riparian buffer, and 4,302 square feet of Zone 2 Neuse River basin protected riparian buffer,
to construct a business park at the site, which is located on the eastern side of 401, near Mills Branch, in Fuquay-
Varina, in Wake County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions ached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP Name Associates Park II
DWQ PROJECT #: 20061154, Ver. 4
LOCATION: Fuquay-Varina
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 211.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated and linear foot requirements qthe Ecosystem Enhancement Program must be
uirem nts must e rounded up to the nearest
rounded to one-quarter acre mcrementan
foot according to 15 2R.0503(b).
9,449 Square Feet Zone 1 Buffers
4.302 Square Feet Zone 2 Buffers
Feet Zone 1 Buffers
Feet Zone 2 Buffers
and of
one of the options you have available to satisfy the compensatory mitigation requirement is through the Payment
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
N ENHANCMENT
BY O HE ECOSYTEM
this form. HAT YOUR PAYMENT HAS BEEN PROCESSED AUTHORIZED
NOTIFICATION ON THAT
PROGRAM.
Signature
Filename: 061154V er4AssociatesParkIl(Wake)401 _NBR_EEP
None
?tffiCarolina
tura!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality-org
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
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