20080895 Ver 1_Approval Letter_20080806

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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 6, 2008
DWQ EXP No. 08-0895
Wake County
R. Calvin Holland and Betty M. Holland
5650 Six Forks Road, Suite 201
Raleigh, NC 27609
Subject Property: O'Reilly Auto Parts / Hwy 64 & Raleigh Beach Road Widening
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. & Mrs. Holland:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0 acres of wetlands, 46 linear feet of perennial stream and 5,136 ft2 of Zone 1
and 2,269 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed auto
parts store, as described within your Pre-construction Notification Application dated July 22, 2008 with
additional information received by DWQ on July 23, 2008, July 29, 2008, August 4, 2008 and August 5,
2008. The impacts are covered by: General Water Quality Certification Number 3705 (GC375). General
Certification 3705 allows you to use Nationwide Permit 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, 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 Permit.
This approval is for the purpose and design that you described in your PCN application (July 22, 2008)
and additional information received by DWQ from July 23, 2008 to August 5, 2008. If you change your
project, you must notify us and you may be required to send us a new application. If the property (or a
portion of 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 Water Quality Certification (GC3705) and .any additional conditions listed
below.
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://h2o.enr.state.ne.us/ncwetlands
No One
hCarohna
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
O'Reilly Auto Parts
DWQ EXP# 08-0895
Page 2 of 4
August 6, 2008
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 (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved nits Plan Location or Reference
Wetland 0 (acres) Jul 22, 2008 PCN page 4
Stream (perennial) 46 linear feet) Jul 22, 2008 PCN page 4
Riparian buffer Zone 1 5,136 (square feet Jul 22, 2008 PCN. a e 8
Riparian buffer Zone 2 2,269 (square feet Jul 22, 2008 PCN page 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 and authorized by this
approval letter. 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.
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. 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. 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. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm.
No Sediment and Erosion Control Measures in Wetlands and Waters
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
O'Reilly Auto Parts
DWQ EXP# 08-0895
Page 3 of 4
August 6, 2008
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.
6. Diffuse Flow (DWQ Reviewed Plans)
In an effort to comply with the intent of the diffuse flow provision of the Buffer Rule (15A
NCAC 02B .0233(5)), you have provided the DWQ with sand filter designs dated July 29, 2008
with updates on August 5, 2008, and received by DWQ on August 4, 2008 and August 5, 2008.
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders signed by
Mr. R. Calvin Holland on July 28, 2008 must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities. DWQ must be notified promptly of every transfer.
7. Stormwater Management Plan
One (1) copy of the City of Raleigh approved Stormwater Management Plan (stamped as
Approved by the City of Raleigh or along with an approval letter) for this project must be
submitted to this office before any impacts authorized by this certification may occur.
The structural stormwater practices as approved by the City of Raleigh, as well as drainage
patterns, must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality. Stormwater
easements shall be recorded for a distance of at least 10 feet on each side of all stormwater
conveyances, and on all lots containing these structures including future access for maintenance.
The stormwater easements shall allow for the ability to inspect and maintain the structures,
perform corrective actions as described above and shall provide protection of the structures from
potential alternations by future property owners. Please note that DWQ retains the authority to
supercede local stormwater approvals on a case-by-case basis when it deems necessary with the
approval of the Director of the Division of Water Quality.
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
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pd f) such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing
water.
9. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
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
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.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
O'Reilly Auto Parts
DWQ EXP# 08-0895
Page 4 of 4
August 6, 2008
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification.
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 CAM 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.
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 Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
Si
Coleen .Sullins
CHS/cbkllmg
Enclosures: Certificate of Completion
GC 3705
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File: 080895OReillyAutoParts(W ake)EXP+401+NBR