20070228 Ver 2_Approval Letter_20090722

ANCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 22, 2009
Nash County
Attn: Mr. Wayne Moore
120 W. Washington St.
Nashville, NC 27856
Subject Property: Middlesex Corporate Center Infrastructure Project
UT to Turkey Creek [030407, 27-86-3-(1), C, NSW]
Nash County
DWQ EXP#: 07-0228v2
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. Moore:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.17 acres of wetlands, 292 linear feet of perennial stream, 17,559 square feet
of Zone 1 Neuse River basin protected riparian buffer, and 11,238. square feet of Zone 2 Neuse River
basin protected riparian buffer for the purpose of constructing Phase I of the corporate center project, as
described within your Pre-construction Notification Application dated July 16, 2009 and received by
DWQ on July 16, 2009. The impacts are covered by: General Water Quality Certification Number 3705
(GC3705). 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 16, 2009)
with additional information received by DWQ on June 18, 2009, June 20, 2009, July 21, 2009 and July
22, 2009. 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 lot on 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarohna
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An Equal Opportunity 1 Affirmative Action Employer
Nash County
Page 2 of 5
July 22, 2009
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 (Units) Plan Location or Reference
404 Wetlands 0.17 (acres) PCN page 5 of 12
Stream (perennial) 292 linear feet) permanent PCN page 5 of 12
Riparian buffer (Zone 1) 17,559 (square feet) PCN page 6 of 12
Riparian buffer (Zone 2 11,238 (square feet PCN page 6 of 12
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.
3. 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 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.
4. 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.
5. Construction Stormwater Permit NCGO10000
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
Nash County
Page 3 of 5
July 22, 2009
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: Ah2o. enr. state. nc. us/su/Forms Documents. htm.
6. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provisions of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreaders and scour holes on plan sheets dated
February 18, 2009 with revised plan sheets received on July 22, 2009. The DWQ believes that, if
implemented as per the final plans, the diffuse flow requirement will be achieved. At no time
shall stormwater from other areas of the proposed development be piped directly through the
buffer without prior DWQ written authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed diffuse flow provisions
signed by Mr. Wayne Moore on June 25, 2009 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
A final, written stormwater management plan for each phase of this project shall be submitted to
the DWQ 401 Oversight/Express Permitting Unit (2321 Crabtree Boulevard, Suite 250, Raleigh,
NC 27604) 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 such that they
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. 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 [phone] 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:
Nash County
Page 4 of 5
July 22, 2009
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 292 (linear feet) Neuse/03020203
Buffer Zone 1 31,236 (square feet) Neuse/03020203
Buffer Zone 2 9,464 (square feet) Neuse/03020203
9. 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 15A
NCAC 2B.0233 and GC 3705.
10. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
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.
12. Certificate of Completion
Within thirty (30) days of the 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.
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
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 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 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC, 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Nash County
Page 5 of 5
July 22, 2009
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.
Sincerely,
Coleen H. Sullins
CHSIcbk/lmg
Enclosures: Certificate of Completion
GC 3705
cc: James Lastinger, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLQ Raleigh Regional Office
Mr. Paul Smith, PE, Stocks Engineering, 3344 Hillsborough St., Suite 250, Raleigh, NC 27607
File: 070228v2MiddlesexCorpCtrlnfrastructureProj(Nash)401+NBRAuth39.doc
A NCDEX-; FA
NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Wayne Moore and Nash County, have permission to fill or otherwise
impact 292 linear feet of perennial stream, and 17,559 square feet of Zone 1 Neuse River basin protected riparian
buffers and 11,238 square feet of Zone 2 Neuse River basin protected riparian buffers, to facilitate development of
the site for the Middlesex Corporate Center Infrastructure Project, which is located east of Middlesex, NC, north of
Finch Ave (Hwy 264A) and south of Hwy 231, in Nash 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
NC EEP NAME Middlesex Corporate Center
DWQ PROJECT #: 2007-0228v2
LOCATION: Middlesex
COUNTY Nash
BASIN/ SUB BASIN Neuse/03020203
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
292 Linear Feet of Perennial Stream 292 Linear Feet of Perennial Stream
10,412 Square Feet Zone I Buffer 31,236 Square Feet Zone 1 Buffer
6,309 Square Feet Zone 2 Buffer 9,464 Square Feet Zone 2 Buffer
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 ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070228v2MiddlesexCorpCtrlnfrastructureProj(Nash)401_NBR_EEP.doc
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 f?y+ //
Phone: [phone] FAX: [phone] atu ally
Internet: http://h2o,enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer