19970656 Ver 1_Approval Letter_19970904

State of North Carolina
Department of Environment,
Health and Natural Resources LT` .
Division of Water Quality
James B. Hunt, Jr., Governor ~
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director p E H N FI
September 4, 1997
Johnston County
DWQ Project # 970656
APPROVAL of 401 Water Quality Certification and ADDMONAL CONDITIONS
Partner's Equity Group
P.O. Box 1089
Smithfield, NC 27577
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in an additional 0.66 acres of wetlands or waters for the purpose of constructing a
commercial site at US 70/1-95, as you described in your application dated 21 July 1997. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it
is issued by the Corps of Engineers. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below. Deed restrictions, conservation easements or similar mechanisms
shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland
and/or water impact These mechanisms shall be put in place within 30 days of the date of this letter or
the issuance of the 404 Permit (whichever is later). An additional condition is that a final, written
stormwater plan including an off-site wet detention basin and diversion of a portion of the stormwater
into the remaining on-site wetlands must be approved by J5WQ before wetland (or stream) impacts
occur. An operation and maintenance agreement is required for both stormwater management sites.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its 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. If you have any questions, please telephone John Dorey at 919-733-1786.
Sin ,
Won Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorey
Central Files
Steve Kroeger
Ray Cox
Steve Roberts; Soil and Environmental Consultants
970656.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX #E 733-9959
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