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Home My WebLink About20191641 Ver 1_Approval Letter_20200604ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Hendrick Automotive Group Attn: Mr. Gene Cocchi 6000 Monroe Street, Suite 100 Charlotte, NC 28212 NORTH CAROLINA Environmental Quality June 4, 2020 DWR # 20191641 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AND AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS Reggie Jackson Airport Honda Dear Mr. Cocchi: You have our approval for the impacts listed below for the purpose described in your application dated November 21, 2019, and payment received by the Division of Water Resources (Division) December 4, 2019. These impacts are covered by the attached Water Quality General Certification Number 4139 and the Neuse River Basin Riparian Buffer Rules and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it has been issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c) and 15A NCAC 02B .0233, North Carolina Session Law 2019-199] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 — Culvert 294 (linear feet) 0 (linear feet) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 m )ry rN cxlmo:. i o.�ro�em or E�.w��a�:r� /� 919.707.9000 Reggie Jackson Airport Honda DWR# 20191641 401 Certification and Neuse Buffer Authorization Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1— Fill, Commercial Development 20,592 (square feet) 0 (square feet) Buffers — Zone 2 B2 — Fill, Commercial Development 16,101 (square feet) 0 (square feet) 2. Mitigation Mitigation must be provided for the proposed impacts as specified in the table below: Compensatory Mitigation Credit River and Sub -basin Number Required Neuse Buffers 84,928 (square feet) 03020201 The Division has received an acceptance letter from Restoration Systems LLC dated November 19, 2019 and Wildlands Holdings V, LLC dated November 18, 2019 to meet this mitigation requirement. Until Restoration Systems LLC and/or Wildlands Holdings V, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to these entities to meet the above outlined compensatory mitigation requirement. [15A NCAC 02H .0506 (b)(6)] and [15A NCAC 02B .0233 (9)(a)(iii), North Carolina Session Law 2019-1991 3. Monitoring Visual monitoring and photographic documentation of the stormwater outlet on the Southeastern corner of the project site shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events). Any failures of structures, stream banks, or vegetation may require future repairs or replacement and shall be reported to the Raleigh Regional Office (919-791-4200) to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506 (b)(2) and (b)(3)] 4. Protective Fenci 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 Reggie Jackson Airport Honda DWR# 20191641 401 Certification and Neuse Buffer Authorization Page 3 of 4 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 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Reggie Jackson Airport Honda DWR# 20191641 401 Certification and Neuse Buffer Authorization Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-3631 or Paul.Woioski@ncdenr.gov if you have any questions or concerns. Sincerely, [DOCUS'gned�/by: e W02 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4139 cc: Eric Nagy, EMH&T (via email) James Lastinger, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Unit Filename: 20191641ReggieJacksonAirportHonda(Wake)_401_GC_NRB