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Home My WebLink About20100249 Ver 1_Approval Letter_20100428WCD-E R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 28, 2010 Dr. Venkatasomaiah C. Motaparthy Motaparthy Properties, LLC 105 Cashwell Drive Goldsboro, NC 27534 Subject Property: Smithfield Business Park Neuse River [030402,27-(41.7), WSV, NSW] Johnston County DWQ EXP#: 10-0249 Approval of 401 Water Quality Certification, Approval of General Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit, and Authorization Certification per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions Dear Mr. Motaparthy, You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0 linear feet of stream, 0.293 acres of wetland (0.185 acres of 404 wetland and 0.108 acres if non-404 jurisdictional wetland), 0 ft of Zone 1 and 0 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the commercial development on the site, as described within your Pre-construction Notification Application dated April 20, 2010 and received by DWQ on April 20, 2010. The impacts are covered by: the State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters (IWGP100000) and General Water Quality Certification Number 3821 (GC3821). General Certification 3821 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 (April 20, 2010) with additional information received on April 26, 2010. 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 will 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 (GC3821) and IWGP100000 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: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer Motaparthy Properties, LLC Page 2 of 5 April 28, 2010 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 Wetland 0.185 acres Aril 20, 2010 PCN page 5 of 12 Non-404 Wetland 0.108 acres Aril 20, 2010 PCN page 5 of 12 Riparian buffer Zone 1 (square feet Aril 20, 2010 PCN page 6 of 12 Riparian buffer Zone 2 (square feet rO Aril 20, 2010 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. 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 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:// portal.ncdenr.or /wg eb/wq/ws/su/npdessw#General Permits_NPDES. Motaparthy Properties, LLC Page 3 of 5 April 28, 2010 Stormwater Management Plan The final, written stormwater management plans submitted with your PCN form and received by the NC Division of Water Quality on April 28, 2010, with revisions received on April 26, 2010, must be implemented. The approved stormwater best management practice (BMP) devices consist of a wet pond, a level spreader - filter strip system, grassed swales and associated appurtenances. The structural stormwater practices as approved by this Office as well as the 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. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. The Operation & Maintenance (O&M) agreements for the proposed wet pond and level spreader - filter strip system, signed by the Dr. V. C. Motaparthy (Manager, Motaparthy Properties, LLC) on April 13, 2010, 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. Diffuse Flow 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 stormwater management plan referenced in Condition #6 above. 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) agreements for the proposed BMP devices referenced in Condition #6 above must transfer with the sale of the land or transfer of responsibility for the BMP facilities. DWQ must be notified promptly of every transfer. 8. "Re-opener" Clause Motaparthy Properties, LLC and its authorized agents shall conduct its activities in a manner consistent with State 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. Motaparthy Properties, LLC shall require its contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify Motaparthy Properties, LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Motaparthy Properties, LLC Page 4 of 5 April 28, 2010 Motaparthy Properties, LLC in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 3821. 10. 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 at the time lots or properties are recorded. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 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 applieant/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 compliaiwe, then the Division may reevaluaw quid modify this General Water Quaiity 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 wish to contest any statement in the attached 401 Water Quality Certification you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings (OAH). You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The OAH accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Motaparthy Properties, LLC Page 5 of 5 April 28, 2010 The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 733-2698, Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water ,%,,t and the :Meuse : iparian buffer protection rule as dcs„ribed within 15A NCAC 2B .0233. 1. you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786. CHS/Ym/Img Enclosures: Certificate of Completion GC 3821 IWGP 100000 Si erel , Coleen H. Sullins cc: Thomas Brown, USACE Raleigh Regulatory Field Office Lauren Witherspoon, DWQ Raleigh Regional Office File Copy DLQ Raleigh Regional Office Debbie Edwards, S&EC, PA, 11010 Raven Ridge Rd, Raleigh, NC 27614 File: 100249SmithfieldBusinessPark(Johnston)401+NBRAuthI WGC3821.doc