HomeMy WebLinkAbout20090576 Ver 1_Approval Letter_20091112PA
A NCDEN
R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 12, 2009
Mr. Herman Kight
Johnston Community College
245 College Road
P.O. Box 2350
Smithfield, NC 27577
Re: Johnston Community College Library, Johnston County
DWQ No. 20090576
Ut to Neuse River [030402, 27-(41.3), WSIV, NSW, CA]
APPROVAL of Individual Permit For Impacts To Isolated and Other Non-404
Jurisdictional Wetlands and Waters and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233)
Dear Mr. Kight:
Dee Freeman
Secretary
Attached hereto is a copy of Individual Permit No. 19 issued to Mr. Herman Kight, of the Johnston
Community College, dated November 12, 2009. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Si7 ly,
Coleen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
William Mullin, J.H. Carter III & Associates, Inc., 515F Midland Road, Southern Pines, NC 28387
USACE Raleigh Field Office
DLR, Raleigh Regional Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Filename: 090576JohnstonCommu nityCollegeLi brary(Joh nston)Ind_IW
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Natumllrf
An Equal Opportunity 1 Affirmative Action Employer
Mr. Herman Kight and Johnston Community College
Page 2 of 5
November 12, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS INDIVIDUAL PERMIT is issued in conformity with the requirements of Isolated and Other Non-
404 Jurisdictional Wetlands and Waters Rules (IWP100000) and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 02K Section .1300 and 15A NCAC 2B .0233, to Mr.
Herman Kight of the Johnston Community College, to fill or otherwise impact 1.4 acres of Isolated and
Other Non-404 Jurisdictional Wetlands, 0.00 square feet of Zone 1 Neuse River basin protected riparian
buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers, in the Neuse River
Basin, to construct the proposed library at the site. The site is located at 245 College Road, near Smithfield,
in Johnston County, North Carolina, pursuant to an application dated May 18, 2009 (received by the DWQ
on May 19, 2009), and Public Notice issued October 14, 2009, and by additional information received from
you on June 18, 2009, June 22, 2009, and October 6, 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and.approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 02H .1305. If any plan revisions from the approved site plan result in a change in stream
or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for Isolated and Other Non-404 Jurisdictional Wetlands Permit may be required. For this
approval to be valid, compliance with the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount A roved nits Plan Location or Reference
404AVetland 1.4 (acres) Application and Public Notice
Buffers Zone 1 0.00 (square ft. Application and Public Notice
Buffers Zone 2 0.00 (square ft.) Application and Public Notice
Sediment and Erosion Control:
2. 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:
Mr. Herman Kight and Johnston Community College
Page 3 of 5
November 12, 2009
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 Isolated and Other Non-404 Jurisdictional Wetlands Permit
Application. 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. 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;
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 GC 3705;
Continuing Compliance:
6. Mr. Herman Kight of the Johnston Community College, shall conduct construction activities in a
manner consistent with State Isolated and Other Non-404 Jurisdictional Wetlands and Other Waters
water quality standards (including any requirements resulting from compliance with section 303(d) of
the Clean Water Act) and any other appropriate requirements of State law and federal law. If the
Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 02H.1303. Before modifying the Certification, the Division shall notify Mr. Herman
Kight of the Johnston Community College, provide public notice in accordance with 15A NCAC
02H.1303 and provide opportunity for public hearing in accordance with 15A NCAC 02H.1303. Any
new or revised conditions shall be provided to Mr. Herman Kight of the Johnston Community
College, in writing, for reference in any Permit issued pursuant to 15A NCAC 02H.1300 and shall
also become conditions of the 404 Permit for the project;
Mr. Herman Kight and Johnston Community College
Page 4 of 5
November 12, 2009
Deed Notifications:
Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put
in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies of all
deed restrictions applied to these lots;
8. 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 htW://h2o.enr.state.nc.us/su/Forms_Documents.htm.;
9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• 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 SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Mitigation:
10. 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 (919) 716-1921 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:
T e of Wetland Compensatory Mitigation Required River and Sub-basin Number
Isolated Wetlands - non-riparian 2.8 (acres) Neuse/03020201
Mr. Herman Kight and Johnston Community College
Page 5 of 5
November 12, 2009
11. 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.
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.
If this Permit is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Permit. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are
made to an original Permit, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Permit. Unless such demands are made,
this Permit shall be final and binding.
This the 12'' day of N vember 2009
DIVASION, OF WAT?I QUALITY
H. Sullins
CHS/cbk/ym
19
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen R 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 02H.1300, Mr. Herman Kight of the Johnston Community College, to fill or
otherwise impact 1.4 acres of Isolated and Other Non-404 Jurisdictional Wetlands, 0.00 square feet of Zone 1 Neuse
River basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers, to
construct the proposed library at the site, which is located at 245 College Road, near Smithfield, in Johnston 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 Johnston County Community College Library
DWQ PROJECT #: 20090576
LOCATION: Near Smithfield
COUNTY Johnston
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 214.0500, 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
1.4 Acres Isolated Wetlands - Non-Riparian 2.8 Acres Isolated Wetlands - Non-Riparian
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
(919) 716-1921
Filename: 090576JohnstonCommunityCollegeLibrwy(Johnston)Ind_IW_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733.17861 FAX: 919-733-6893
Internet: http://h2o.enr.state.nc.us/ncwetlands/
One
Nat"ally
An Equal Opportunity 1 Affirmative Action Employer