HomeMy WebLinkAbout20070070 Ver 1_Approval Letter_20070305~~F W A rF9 p Michael F. Easley, Governor
,`~ G William G. Ross Jr., Secretary
~ ~~-- North Carolina Department of Environment and Natural Resources
~ ~
p ,C- Alan W. Klimek, P.E. Director
Division of Water Quality
March 5, 2007
DWQ Project # 07-0070
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. John P. Goodson
J.P.G., Inc.
9120 Carrington Ridge Drive
Raleigh, NC 27615
Subject Property: Louisburg Plaza
Ut to Wolfpen Branch [030301, 28-27, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Goodson:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.03 acres of 404/wetland, 251 linear feet of stream (135
linear feet perennial stream, and 116 linear feet interment stream), 7,004 square feet (ft2) of Zone
1 Tar-Pamlico River basin protected riparian buffers and 3,749 square feet (ft2) of Zone 2 Tar-
Pamlico River basin protected riparian buffers, to construct the proposed commercial shopping
development, as described within your application dated January 10, 2007, and received by the
N.C. Division of Water Quality (DWQ) on January 10, 2007, with additional information
received by the DWQ on March 2, 2007. 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). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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 or LAMA 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 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 certification and any additional conditions listed below.
w r~~ut n.. _.,v _,.
401 OversighUExpress Review Unit ~a~ura!!y~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 91 9-733-6893 1 1ntemet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
J.P.G., Inc.
Page 2 of 5
March 5, 2007
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 Reference
404/Wetland 0.03 (acres) PCN age 4 of 9
Stream - erennial 135 (linear feet) PCN age 4 of 9
Stream -intermittent 116 (linear feet) PCN page 4 of 9
Buffer -Zone 1 7,004 (s uare ft.) PCN age 8 of 9
Buffer -Zone 2 3,749 square ft.) PCN age 8 of 9
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.
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. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into a stream as identified within 15A NCAC 2B .0259 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
J.P.G., Inc.
Page 3 of 5
March 5, 2007
5. 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 .0259 and GC 3402.
6. 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
7. 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.
8. 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 (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of
the 401 Water Quality Certification: The stormwater management plans shall be approved in
writing by this Office before the impacts specified in this Certification occur per Condition
No. in GC No. 3402. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program,
remember to include the appropriate fee with the plan. Site-specific stormwater management
shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater
Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS),
trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the
Division shall require that extended detention wetlands, bio-retention areas, and ponds
followed by forested filter strips (designed according to latest version of the NCDENR
Stormwater Best Management Practices Manual) be constructed as part of the Stormwater
management plan when asite-specific stormwater management plan is required.
J.P.G., Inc.
Page 4 of 5
March 5, 2007
Alternative designs may be requested by the applicant and will be reviewed on a case- by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing
state stormwater programs including appropriate local programs are sufficient to satisfy this
Condition as long as the stormwater management plans meet or exceed the design
requirements specified in this condition. This condition applies unless more stringent
requirements are in effect from other state water quality programs.
Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur. The facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the
subject site.
The structural stormwater practices as approved by the Wetlands Unit 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.
9. 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/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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, 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.
J.P.G., Inc.
Page 5 of 5
March 5, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar-Pamlico riparian buffer protection rule as described within 1 SA NCAC
2B .0259. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-
733-1786.
AWK/~m
Enclosures: GC 3402
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Alan W. Klimek, P.E.
Mike Street, P.O. Box 769, Morehead City, NC 27557
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Fi I ename: 070070Lou i sburgPlaza(Frankl in~01 _TPB R