HomeMy WebLinkAbout20130535 Ver 1_Approval Letter_20130604NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
WLA Enterprises
Attn Bo Murphy
550 Long Point Blvd
Mount Pleasant, SC 29464
Division of Water Quality
Charles Wakild, P E
Director
June 4, 2013
John E Skvarla, III
Secretary
DWQ # 13 -0535
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
APPROVAL OF GENERAL PERMIT FOR ISOLATED WETLAND IMPACTS WITH
ADDITIONAL CONDITIONS
Durham South Autopark
Dear Mr Murphy
You have our approval for the impacts listed below for the purpose described in your
application dated May 21, 2013, received by the Division of Water Quality (Division) on May 21,
2013 These impacts are covered by the attached State General Permit Number IWGP100000,
the attached Water Quality General Certification Number (WQC) 3890, and the conditions
listed below WQC 3890 is associated with the use of Nationwide Permit Number 39 once it is
issued to you by the U S Army Corps of Engineers Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations
This approval requires you to follow the conditions listed in the enclosed general permit and
certification and the following additional conditions
1 The following impacts are hereby approved provided that all of the other specific and
general conditions of the General Permit and WQC 3890 are met No other impacts are
approved, including incidental impacts
Wetlands Buffers Stormwater Compliance and Permitting Unit (WPBSCaPe)
1650 Mal Service Center Raleigh North Carolina 27699 1650
Phone 919 807 6301 1 FAX 919 807 6494
Internet http / /portal ncdenr org /web /wq ws
An Equal Opportunity 1 Affirmative Action Employer
WLA Enterprises
DWQ# 13 -0535
General Permit for Isolated Impacts and 401 WQC
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Isolated wetlands
0 181 (acre)
0 (acre)
404 wetlands
0 022 (acre)
0 (acre)
2 Stormwater Management Plan (SMP) Approval From Local Community Required
You are required to provide one copy of the approved SMP, including plan details on full -
sized plan sheets, with proof of City of Durham's approval The approved SMP must be
submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650)
before any impacts authorized in this general permit and certification occur The following
requirements also apply
• The approved SMP must be constructed and operational before any permanent building
or other structure is occupied at the site
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 City of
Durham A copy of the approval letter and the modified SMP must be submitted to the
DWQ Webscape Unit prior to the commencement of the modifications
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 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 02H 0500
5 This approval is for the purpose and design described in your application The plans and
specifications for this project are incorporated by reference as part of the General Permit
and Certification If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee If the property is
WLA Enterprises
DWQ# 13 -0535
General Permit for Isolated Impacts and 401 WQC
Page 3 of 4
sold, the new owner must be given a copy of this General Permit and Certification and is
responsible for complying with all conditions
6 This approval and Its conditions are final and binding unless contested
This General Permit and Certification can be contested as provided in Articles 3 and 4 of
General Statute 1506 by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) A petition form may be obtained from the
OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for
information
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8 OOam and 5 OOpm, excluding official state holidays)
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission
Mailing address for the OAH
If sending by First Class Mail
via the US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e g UPS, FedEx)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ
If sending by First Class Mail
via the US Postal Service
Karen Higgins
NC DENR - DWQ — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e g UPS, FedEx)
Karen Higgins
NC DENR -DWQ— Webscape Unit
512 N Salisbury Street
Raleigh, NC 27604
WLA Enterprises
DWQ# 13 -0535
General Permit for Isolated Impacts and 401 WQC
Page 4 of 4
This letter completes the review of the Division for impacts to Isolated and other non -
jurisdictional wetlands and waters and Section 401 of the Clean Water Act Please contact
Cherri Smith at 919 - 791 -4251 or cherri smith @ncdenr gov If you have any questions or
concerns
Sin erely,
/fin
V
Danny Ith, Supervisor
Surfac Water Protection — Raleigh
Regional Office
Enclosures IWGP100000 and WQC 3890
cc Walter Cole, S &ME, Inc , 3201 Spring Forest Road, Raleigh, NC 27616
DWQ RRO files