HomeMy WebLinkAbout20051071 Ver 1_Approval Letter_20050808O~O~ W AT ~~QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 8, 2005
Mr. Chris Carroll
H&M Company
50 Security Drive
Jackson, TN 38305
Subject Property:
B/S/H Logistics Center for H&M Company
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1071
Craven County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Carroll:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.45 acres of wetlands for the purpose of constructing an
industrial building and associated infrastructure at the subject property, as described within your
application dated June 13, 2005 and received by the N.C. Division of Water Quality (DWQ) on
June 15, 2005 along with additional information dated June 30, 2005 (?received on July 6,
2005). After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you
to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). 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 DWQ's Coastal Stormwater 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 t~(is 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:
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:
Amount A roved Units Plan Location or Reference
404/CAMA Wetlands 0.45 (acres) Paving and Grading Plan
Dated 5/23/2005
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 /FAX 919-733-6893 /Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
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An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Chris Carroll
Page 2 of 4
August 8, 2005
2. Erosion & Sediment Control Practices
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. 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
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the Division of Land Resources has released
the project.
5. 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.
6. Stormwater Management
If the wetland impact exceeds one-third of an acre for this project, a revised, written
stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express
Chris Carroll
Page 3 of 4
August 8, 2005
Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of
the issuance of the 401 Water Quality Certification. Also in accordance with Condition 4
of the General Certification if the wetland impact exceeds one -third of an acres for this
project, the Stormwater Permit (Permit No. SW7050524) issued by the Division must be
modified from wet detention ponds to extended detention wetlands, bio-retention areas
or ponds followed by forested filter strips. The stormwater management plans shall be
approved in writing by this Office if the impacts to wetlands specified in this Certification
exceed one-third of an acre per Condition No. 4 in GC No. 3402. The stormwater
management plan must include plans, specifications, and worksheets for stormwater
management facilities that are appropriate for the surface water classification and
designed to remove at least 85% TSS according to the most recent version of the NC
DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the stormwater management plan (as approved by this Office) shall be
implemented. The structural stormwater practices as approved by this Office 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. If wetland impacts are less than one-third of an acre, then the
Stormwater Permit No. SW7050524 will not need to be revised.
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 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 1506 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.
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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Tom Steffens in the DWQ Washington Regional
Office at 252-946-6481.
AW Kljrd
Enclosures: GC 3402
Certificate of Completion
Sincerely,
Chris Carroll
Page 4 of 4
August 8, 2005
cc: Michael Rice, Robert Chiles and Associates, 417-A Broad St, P.O. Box 3496, New Bern,
NC 28564-3496
Scott Jones, USACE Washington Regulatory Field Office
AI Hodge, DWQ Washington Regional Office
Tom Steffens, DWQ Washington Regional Office
DLR Washington Regional Office
File. Copy
Central Files
Filename: 051071 BSHHomeAppliance(Craven~01