HomeMy WebLinkAbout20100251 Ver 2_Approval Letter_20110203dCDM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2011
Mr. Steve Ward
Harnett County Department of Public Utilities
P.O. Box 1119
Lillington, NC 27546
Subject Property: Brightwater Medical Complex
Ut to Neills Creek [030607, 18-16-(0.7), WSIV]
DWQ Project # 10-0251, Ver. 2
Harnett County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ward:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.35 acres of 404/wetland and 219 linear feet of perennial stream, as described
within your application dated November 18, 2010, and received by the N.C. Division of Water Quality
(DWQ) on November 30, 2010, with additional information received from you on January 28, 2011, to
construct the proposed mixed-use development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821).
The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps
of Engineers (USACE). 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 other 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:
Conditions of Certification:
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:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 919-807-63011 FAX: 919-807-6494
Internet: http://pogal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Emplo er
I
Harnett County Department of Public Utilities
Page 2 of 5
February 3, 2011
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetlands 0.35 (acres) PCN Application age 5 of 12
Stream - perennial 219 (linear feet) PCN Application page 5 of 12
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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. 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. 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 to ensure compliance with 15 NCAC 2H,
Section .0500;
6. Stormwater Management Plan (SMP) Approval Required
1. The DWQ approves the stormwater management plan (SMP) for Phase One of this project, the
southwestern portion of the Brightwater Medical Complex, to satisfy the stormwater condition
required by the General Water Quality Certification GC 3821 corresponding to US Army Corps
of Engineers Nationwide Permit NW 39 for your project. The following requirements apply to
the SMP:
a. The SMP approved by this office consists of four wet detention basins and all associated
stormwater conveyances, inlet and outlet structures, vegetated shelf planting plan, the grading
Harnett County Department of Public Utilities
Page 3 of 5
February 3, 2011
and drainage patterns depicted on plan sheets received by the DWQ on November 30, 2010,
and the O&M agreement dated November 24, 2010.
b. The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site.
c. The approved SMP must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the DWQ.
d. The stormwater management structures shall have maintenance access and at least a 10-foot
drainage easement on each side to allow for the ability to maintain the structures, and to
perform corrective actions. The stormwater easements shall be recorded to provide protection
of the structures from potential alterations by future property owners.
e. Maintenance activities for the proposed wet detention basin shall be performed in accordance
with the notarized wet detention basin Operation and Maintenance Agreement signed by Mr.
Johnson Tilghman on November 24, 2010. The Operation and Maintenance Agreement must
transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility.
DWQ must be notified promptly of every transfer.
f. The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 60 days of the commencement of construction.
2. All future phases of this project must receive approval for an SMP that treats all of the
stormwater from that phase in accordance with Condition 12 of General Certification Number
3 821. The approval of the SMP must be obtained prior to any land disturbance or impacts
associated with that phase. After the SMP for each future phase is approved, it will be subject to
requirements a-f above.
7. 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 have agreed to provide wetland mitigation for proposed wetland impacts and
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 and additional mitigation
commitment. 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 (919) 716-1921 if you have any questions
concerning payment into a restoration fund. You have 60 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 Wetland Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 219 (linear feet) Cape Fear/03030004
Harnett County Department of Public Utilities
Page 4 of 5
February 3, 2011
Certificate of Completion:
8. 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.
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.
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 wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-431-3000, Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Ian McMillan or Amy Chapman in the Central Office in
Raleigh at 919-807-6301 or Chad Turlington in the DWQ Fayetteville Regional Office at 910-433-3320.
Sincerely,
/LJ \ Coleen H. Sullins
CHS/i m
Harnett County Department of Public Utilities
Page 5 of 5
February 3, 2011
Enclosures: GC3821
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office
File Copy
Troy Beasley, Withers & Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
Hunter Freeman, Withers & Ravenel, 111 Mackenan Drive, Cary, NC 27511
Warren Sugg, Mulkey Engineers & Consultants, P.O. Box 33127, Raleigh, NC 27636
Filename: 100251 Ver2BrightwaterMedicalComplex(Harnett)401
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
3everly Eaves Perdue Coleen H. Sullins Dee Freeman
3overnor Director Secretary
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. Steve Ward and of Harnett County Department of Public Utilities,
have permission as outlined below to fill or otherwise impact 0.35 acres of 404/wetlands and 219 linear feet of
perennial stream to construct the proposed mixed-use development at the site, which is located in Lillington,
Harnett County, North Carolina. All activities associated with these authorized impacts must be conducted with
the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT 20100251, Ver. 2
NC EEP NAME: Brightwater Medical Complex - Phase II & III
LOCATION: Lillington
COUNTY: Harnett
BASIN/ SUB BASIN: Cape Fear/03030004
As required by 15A NCAC 2H.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 through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
219 Linear Feet of Stream 219 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
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
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM EN14ANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 733-5205
Filename: 100251 Ver2BrightwaterMedicalComplex(Hamett)401
Vetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
650 Mail Service Center, Raleigh, North Carolina 27699-1650
'hone: 919-807-6301 1 FAX: 919-807-6494
iternet: hffp://portal,ncdenr.org/web/wq/ws
?n Equal Opportunity 1 Affirmative Action Employer