20100494 Ver 2_Approval Letter_20100804

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 4, 2010
Mr. Kirk J. Bradley
Lee Moore Oil Company
P.O. Drawer 9
Sanford, NC 27331
DWQ Project # 10-0494, Ver. 2
Durham County
Subject Property: Westpoint At 751
Ut to New Hope Creek [030605, 16-41-1-(11.5), WSIV, NSW] - REVISED
Approval of 401 Water Quality Certification and General Permit For Impacts To Isolated and Other
Non-404 Jurisdictional Wetlands and Waters Permit No. IWGP100000 with Additional Conditions
Dear Mr. Bradley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.05 acres of Non-404, Jurisdictional and Isolated Wetland and 20 linear feet
of perennial stream (temporary impact), as described within your application dated July 16, 2010, and
received by the N.C. Division of Water Quality (DWQ) on July 16, 2010, with additional information
received from you on July 26, 2010, to construct the proposed commercial development at the site. After
reviewing your application, we have decided that the 404/401 impacts are covered by General Water
Quality Certification Number(s) 3819 (GC3819) and the Non-404, Jurisdictional and Isolated Wetland
impacts are covered by the State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional
Wetlands and Waters (IWGP100000). The Certification(s) allows you to use Nationwide Permit(s)
NW 12 when issued by the US Army Corps of Engineers (USACE) and the IWGP100000 (issued by the
State). 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, Non-discharge, and other regulations. This Certification replaces the Certification issued to
you on August 2, 2010. 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 CAMA
Permit, and upon expiration of the Isolated and Other Non-404 Jurisdictional Wetlands and
Waters as depicted in your application and as authorized by this Permit, shall expire upon
expiration of IWGP100000 (October 31, 2013) or unless otherwise rescinded by the Director of the
Division of Water Quality.
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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr,org/web/wq/ws
An Equal Opportunity i Affirmative Action Employer
Lee Moore Oil Company
Page 2 of 4
August 4, 2010
The Additional Conditions of the Certification are:
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 Approved Units Plan Location or Reference
Non-404, Jurisdictional and
Isolated Wetland 0.05 (acres) PCN Application page 5 of 12
Stream - perennial 20 linear feet - temporary impact PCN Application page 5 of 12
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:
a. The erosion and sediment control measures for the project must be designed, installed,
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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 404/401 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 15 NCAC 2H,
Section .0500;
Lee Moore Oil Company
Page 3 of 4
August 4, 2010
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.
Additionally, please note, if the proposed imperviousness per lot (as stated in your
application) changes, you must notify this Office and you may be required to send us a new
application.
Certificate of Completion:
7. 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.
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depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
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 Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) 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 Office of Administrative Hearings 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.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
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
Lee Moore Oil Company
Page 4 of 4
August 4, 2010
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Isolated and Other Non-404 Jurisdictional Wetlands and Waters Rules (IWP 100000). If you
have any questions, please telephone Ian McMillan or Amy Chapman in the Central Office in Raleigh at
919-733-1786.
Sincerely,
AlColeen H. Sullins
CHS/gym
Enclosures: GC3819
IWGP 100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
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DLR Raleigh Regional Office
File Copy
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 1004%VerMestpointAMI(Durham)1WGP 401_Revised