20100063 Ver 1_Approval Letter_20100909

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 9, 2010
Mr. Ronnie W. Goswick
Kerr-Tar Regional Economic Development Corporation
P.O. Box 709
Henderson, NC 27536
Subject Property: Franklin County HUB Site
Ut to Cedar Creek [030301, 28-29-(1), C, NSW]
DWQ Project # 10-0063
Franklin County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions - REVISED
Dear Mr. Goswick:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.167 acres of 404/wetland, 238 linear feet of perennial stream, 120 linear feet of intermittent
stream, and 24,366 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 14,892 square
feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your application dated
January 21, 2010, and received by the Division of Water Quality (DWQ) on January 25, 2010, with additional
information received on April 12, 2010, June 16, 2010, July 27, 2010, August 6, 2010, and September 9, 2010,
to construct the proposed Triangle North Industrial Park at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3820 (3820) and 3821 (GC3821). The Certification(s) allows you to use Nationwide
Permit(s) NW 14 and NW39, respectively, when issued by the US Army Corps of Engineers (USACE). This
Certification replaces the Certification issued to you on August 30, 2010. This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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 or CAMA Permit.
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/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Kerr-Tar Regional Economic Development Corporation
Page 2 of 5
September 9, 2010
The Additional Conditions of the Certification are:
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 nits Plan Location or Reference
404/Wetland 0.167 acres Correspondence received 4/12/10
Stream - perennial 238 (linear feet) Correspondence received 4/12/10
Stream - intermittent 120 linear feet Correspondence received 4/12/10
Buffers Zone 1 24,366 (square ft. Correspondence received 7/27/10
Buffers Zone 2 14,892 (square ft. Correspondence received 7/27/10
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. 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. Sediment and Erosion Control Measures
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.
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.
Kerr-Tar Regional Economic Development Corporation
Page 3 of 5
September 9, 2010
4. 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;
5. 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/c/document libraryget file?uuid=ef84d0e1-5fc9-4183-87b5-
2f9d7eb 152e0& rgoupId=3 8364. The text of the sample deed notification maybe modified as
appropriate to suit to this project.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) and Onsite Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you have agreed to provide perennial stream mitigation for proposed perennial stream 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. Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no perennial stream
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. Additionally, you
have proposed to preserve 715 linear feet of important/perennial stream and land to mitigate for the
proposed impacts to 120 linear feet of intermittent stream as shown on the "Sketch Map - Mitigation
Site (HUB)" map dated July 22, 2010, and received by the DWQ on August 6, 2010,. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement for the proposed
impacts to intermittent stream. Please note, you have 60 days from the date of this approval to make
the EEP payment. For accounting purposes, this Authorization Certificate authorizes payment
into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Required Rive and Sub-basin Number
Stream - perennial 238 (linear feet) Tar-Pamlico/03020101
7. Diffuse Flow (DWQ Reviewed Plans)
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 .0259(5).
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0259(5)),
you have provided the DWQ with level spreader (or bioretention) designs dated July 20, 2010, and
received by the DWQ on July 27, 2010. The DWQ believes that if implemented, as per these plans,
diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B .0259(5) is not
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if
necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior DWQ written authorization.
Kerr-Tar Regional Economic Development Corporation
Page 4 of 5
September 9, 2010
The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders signed by
Timothy Baynes on July 20, 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.
The structural diffuse flow practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural diffuse flow practices shall be made without
written authorization from the DWQ. 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.
After each lot is developed, no stormwater from the lot may be conveyed to the currently approved
diffuse flow system that serves the road and right of way. Each lot will need to provide its own diffuse
flow and stormwater plan in accordance with 15A NCAC 2B .0259
8. 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.
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
Raleigh, NC 27699-1601
Kerr-Tar Regional Economic Development Corporation
Page 5 of 5
September 9, 2010
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 Tar-Pamlico River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Ian McMillan or Amy Chapman-at 919-733-1786.
Sinc y,
oleen H. Sullins
CHS/gym
Enclosures: GC 3820 and GC 3821
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Kevin Martin, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 100063Fra n klinCou ntyHUBSite(Franklin)401_TPBR_Revised
A LTI-5-YWA
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--- -- - ---- - NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 02H.1300, Mr. Ronnie W. Goswick and Kerr-Tar Regional Economic Development
Corporation, are authorized to fill or otherwise impact 0.167 acres of 404/wetland, 238 linear feet of perennial
stream, 120 linear feet of intermittent stream, and 24,366 square feet of Zone 1 Tar-Pamlico River basin protected
riparian buffers and 14,892 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, to construct the
proposed Triangle North Industrial Park at the site, which is located in Youngsville, Franklin 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 Franklin County HUB Site
DWQ PROJECT #: 20100063
LOCATION: Youngsville
COUNTY Franklin
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 2H.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
238 Linear Feet of Perennial Stream 238 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
[phone]
Filename: 100063FranklinCountyHUBSite(Franklin)401 TPBR EEP Revised
401 CiversightfExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
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