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HomeMy WebLinkAbout20071576 Ver 1_Undeliverable Mail_20080825W A T ???pG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 25, 2008 Mr. Jon Meschel Alamance Crossing, LLC P.O. Box 30013 Raleigh, NC 27622-0013 Re: Alamance West, Alamance County Ut to Back Creek [030603, 16-19-5, C, NSW] DWQ 420071576; USACE Action ID. No. 2007-03073-201 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Meschel: Attached hereto is a copy of Certification No. 3751 issued to Mr. Jon Meschel and Alamance Crossing, LLC, dated July 25, 2008. 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. Si erel , Coleen H. Sullins CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Sue Homewood, DWQ, Winston-Salem Regional Office DLR Winston-Salem Regional Office File Copy Central Files Bob Zarzecki, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 071576AlamanceWest(Alamance)401_IC 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Np e hCarolina Naturally Mr. Jon Meschel and Alamance Crossing, LLC Page 2 of 6 July 25, 2008 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Jon Meschel and Alamance Crossing, LLC, to fill or otherwise impact 1.75 acres of 404/wetland and 1,640 linear feet of stream (1,092 linear feet perennial stream and 548 linear feet intermittent stream), to construct the proposed Alamance West commercial/retail development, which is located within the northeast quadrant of the intersection of St. Mark's Church Road and Boone Station Road, north of the U.S. Interstate 85/40, adjacent to and west of the existing Alamance East, Alamance Crossing Shopping Center, located in Burlington, Alamance County, North Carolina, pursuant to an application dated September 14, 2007 and received by the DWQ on September 18, 2007, and by Public Notices by the U.S. Army Corps of Engineers issued on the 3rd day of October of 2007 (received by DWQ on October 4, 2007), with additional information received on December 10, 2007, and January 24, 2008. 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 2H .0506 (h) (6) and (7). 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 401 Certification 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 Approved Units Plan Location or Reference 404/Wetland 1.75 (acres) Application , Public Notice and Additional Submittals Stream - perennial 1,092 (linear feet) Application, Public Notice and Additional Submittals Stream - intermittent 548 (linear feet) Application, Public Notice and Additional Submittals Mr. Jon Meschel and Alamance Crossing, LLC Page 3 of 6 July 25, 2008 ment 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, 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. 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 404/401Permit 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 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; 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; Continuing Compliance: 6. Mr. Jon Meschel and Alamance Crossing, LLC shall conduct construction 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. 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 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Jon Meschel and Alamance Crossing, LLC, Mr. Jon Meschel and Alamance Crossing, LLC Page 4 of 6 July 25, 2008 and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to Mr. Jon Meschel and Alamance Crossing, 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; Mitigation: 7. 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 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. 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) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar 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: Type of Impact Compensatory Mitigation Required River and Sub-basin Number 404/Wetlands 1.75 (acres) Cape Fear/03030002 Stream - perennial 1,092 (linear feet) Cape Fear/03030002 8. Construction Stormwater Permit NCG010000 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 ://h2o enr. state. nc. us/su/Forms Documents. htm. ; 9. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http://www..ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdD Mr. Jon Meschel and Alamance Crossing, LLC Page 5 of 6 July 25, 2008 such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Mr. Jon Meschel and Alamance Crossing, LLC Page 6 of 6 July 25, 2008 10. 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. 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, Winston-Salem, 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 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. 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, Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 25th day of July, 2008 DIVISION O W TE UALITY Y" oleen H. Sullins 3751 CHS/cbk/ijm pG W A 7"F9 cc) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mr. Jon Meschel and Alamance Crossing, have permission to fill or otherwise impact 1.75 acres of 404/wetland and 1,640 linear feet of stream (1,092 linear feet perennial stream and 548 linear feet intermittent stream), to construct the proposed Alamance West commercial/retail development, which is located within the northeast quadrant of the intersection of St. Mark's Church Road and Boone Station Road, north of the U.S. Interstate 85/40, adjacent to and west of the existing Alamance East, Alamance Crossing Shopping Center, located in Burlington, Alamance 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: Alamance West DWQ PROJECT 20071576 LOCATION: Burlington COUNTY Alamance BASIN/ SUB BASIN Cape Fear/03030002 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigabee 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 1.75 Acres of 404/Wetlands 1.75 Acres of 404/Wetlands 1,092 Linear Feet of Perennial Stream 1,092 Linear Feet of Perennial Stream 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) 733-5205 Filename: 0715 76AI am an ce W est(Al am ance)401 _IC_E E P One 401 Oversight/Express Review Permitting Unit Na?ural?na 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Certification of Completion , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date 4. 1. r:k q'a kry I.I -{i e INN 4 ,q I..k ?•y`gf•yyy.1/{??gyy??I !?pp Jlivi ?l G 0 N -;I zg IN 0 W N N Z ?[k z 10 00 0 - rxz io - Z!-O: WOO OZL _ 0;0 a z {W a (at Dix ,.F m DEW 0 5+?b ate.. ?l ?? i WWZ SL t3' i- D ^ t n 63 Q tk?? ll I.t T co d CD o CD LO C: C.0 - N am ?UC6 O U C 2! I- O N ?(nU > = Z w 2 Z 0 W LO ip 0?Q' +?.1 C, 0 N 9 AL, IYYI y'= LJ ? ro?