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HomeMy WebLinkAbout20091346 Ver 4_Approval Letter_20121113November 13, 2012 Springs Investors, LLC 1000 Darrington Drive, Suite 105 Cary, NC 27513 Re: New Hill Place, Wake County DWQ Project No. 20091 346, Ver. 4; USACE Action ID. No. SAW 2008 - 00967 -2010 Little Branch /Oak Creek [030607, 18- 7- 6 -1 -1, C] Approval of 401 Water Quality Certification with Additional Conditions — REVISED3 Dear Sir or Madam: Dee Freeman Secretary Attached hereto is a copy of Certification No. 3841 issued to Springs Investors, LLC, dated February 7, 2012. This Certification replaces the Certification issued. to you on February 7, 2012. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non - discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. CHS Attachments: NC DWQ 401 WQC Summary of Permitted hnpacts and Mitigation Requirements Certificate of Completion cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office Ben Wilson, ATC Associates, Inc., 2725 East Millbrook Road, Suite 121, Raleigh, NC 27604 David George (via email) File Copy Filename: 091346Ver4NewH ill Place (Wake)40I_IC_Revised3 Spring Investors, LLC Page 2 of 6 November 13, 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Springs Investors, LLC, to fill or otherwise impact 0.871 acres of 404 /wetland, 1,238 Linear feet of perennial stream, and 1,918 of intermittent stream, in association with the construction of the proposed mixed -use development at the site which is located near the northwest quadrant of the intersection of NC Highway 55 bypass and New Hill Road, in Holly Springs, Wake County, North Carolina, pursuant to an application dated the 20`x' of July 2010, and received by the DWQ on the 20`x' day of July 2010, and by Public Notice issued by the USACE on the 23`d day of September, 2010, and received by the DWQ on September 23, 2010, and by all additional information received by the DWQ on October 13, 2010, November 22, 2010, February 1, 2012, and November 7, 2012. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice and additional information received by DWQ. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in strearn or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. 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: Type of Impact Amount Approved (Units) Plan Location or Reference 404/401 Wetlands 0.871 (acres) Application and Public Notice Stream (perennial) 1,238 (linear feet) Application and Public Notice Stream (intermittent) 1,918 (linear feet) Application and Public Notice 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: Spring Investors, LLC Page 3 of 6 November 13, 2012 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 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; 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. Continuing Compliance: Springs Investors, LLC, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Springs Investors, LLC, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Springs Investors, LLC, in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Spring Investors, LLC Page 4 of 6 November 13, 2012 Mitigation: 6. 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 1,238 (linear feet) Cape Fear /03030004 Stream - intermittent 1,918 (linear feet) Cape Fear /03030004 Additionally, per this Revision, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration for impacts of 0.871 acres of Riparian Bottomland Forest and 2,748 linear feet of cool water stream channel in the Cape Fear River Basin, Cataloging Unit 03030004. This will result in total mitigation amounts of 1.75 acres and 3,986 linear feet of stream. The permittee will pay into EEP in phases. Phase 1 will include mitigation for 1,278 linear feet of stream impacts and 1.25 acres of wetland impacts for the construction of the Target store and shops on the southwest end of the property adjacent to New Hill Road. Impacts in Phase 1 would be impact areas 4, 6, 7, 8, and 8A on the permit (to take place immediately after construction permit issuance). Phase 2 will include mitigation for 624 linear feet of stream impacts associated with construction of a sanitary sewer connection. Impacts in Phase 2 would be impact area 2. Phase 3 will include mitigation for 1,920 linear feet of stream impacts and 0.5 acre of wetland impacts associated with construction of the shops on the northeast end of the property and the Holly Springs Thoroughfare. Impacts in Phase 2 would be impact areas 1, 3, 5, 10, 11, 1 IA, 11 B, and 12 (estimated to begin in 2013). Prior to impacts occurring in Phase 3, the permittee will provide an updated acceptance letter to the Corps. Phase 4 will include mitigation for 164 linear feet of stream impacts associated with Construction of the out parcel areas at the northwest corner of the site adjacent to new Hill Road. Impacts in Phase 4 would be impact areas 15, 16 and 17 (estimated to begin in 2013). Prior to impacts occurring in Phase 4, the permittee will provide an updated acceptance letter to the Corps. Construction within jurisdictional areas on the property shall begin only after the permittee has made payment to the NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the NCEEP In -Lieu Fee Spring Investors, LLC Page 5 of 6 November 13, 2012 Instrument, approved by the United States Army Corps of Engineers, Wilmington District on July, 28, 2010. 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 (1650 Mail Service Center, Raleigh, North Carolina 27699 -1650) within 60 days of the issuance of the 401 Water Quality Certification. Before the impacts specified in this Certification may occur, the applicant must meet all of the provisions set forth in the document Stormwater Management Plan (SMP) Requirements for Applicants other than the North Carolina Department of Transportation, available at: http: / /r)ortal.ncdenr.orf4/web /wq /sw /p ws/ 401 /ce.gsandpertnits /swtnanapement SMP approval and implementation procedures shall be as follows: • The SMP must be approved in writing by either the 401 Oversight /Express Unit before any impacts authorized in this certification occur. If a development is phased, then the SMP for each future phase must approved by the 401 Oversight/Express Unit or, if the project is subject to another state stormwater program, a copy of the approval letter and approved SMP must be submitted before any impacts associated with that phase may occur. • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. If a development is phased, then the approved SMP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied. • The approved SMP as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the SMP approval authority. If the SMP falls under another state stormwater program, then a copy of the approval letter and the modified SMP must be submitted to the 401 Oversight /Express Unit prior to the commencement of the modifications. A final, written stormwater management plan for each phase of this project shall be submitted to the DWQ 401 Oversight/Express Permitting Unit (1650 Mail Service Center, Raleigh, North Carolina 27699 -1650) for review and approval. No land disturbance associated with any phase may be conducted until a stormwater management plan for that phase has been submitted to and approved by the DWQ. No buildings associated with any phase may be occupied until the stormwater management plan is constructed and operational for that phase. In order to be approved by the DWQ, the stormwater management plan submittal must include a BMP Supplement Form with all required items. The BMPs must be designed to treat runoff from all impervious surfaces, including the road, and must comply with the version of the NC DENR Stormwater BMP Manual that is in effect on the date of the submittal of the stormwater management plan (SMP). The SMP must meet the requirements in the version of SMP Regulations for non -DOT in effect at the time of submittal. 8. 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 (h.ttD: / /WWW.ncdot.ot- /g_doli/o)erations /BMP manual /download /BMP Manual. C10 such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Spring Investors, LLC Page 6 of 6 November 13, 2012 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 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. Other conditions: 9. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time lots or properties are recorded. A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at: http: / /portal.ncdenr.org/c/ document _library /get_file ?uuid= ef84d0e 1-5fc9- 4183 -87b5- 2f9d7eb 152e0 &groupId =38364 The text of the sample deed notification may be modified as appropriate to suit to this project.. The text of the sample deed notification may be modified as appropriate to suit to this project. Spring Investors, LLC Page 7 of 6 November 13, 2012 10. Certificate of Completion Upon completion of all work approved within the 40I Water Quality Certification or applicable Buffer Rules, 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. 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. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter I50B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 13`x' day of November 2012 DIVISION OF ATER QUALITY arles Wakild, 3841