20110080 Ver 1_Approval Letter_20110406

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 6, 2011
DWQ Project # 11-0080
Granville County
Mr. Jim Spangler
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, NC 27609
Subject Property: Richie Brothers Auctioneers - Butner Site
Ut to Falls Lake [030401, 27-(5.5), WSIV, B, NSW]
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. Spangler,
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.64 acres of Isolated and other Non-404 Jurisdictional Wetlands and Waters
and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffer, and 0.00 square feet of Zone 2
Neuse River basin protected riparian buffer, to construct the proposed Butner auction facility at the site,
as described within your Pre-construction Notification Application dated January 21, 2011 and received
by DWQ on January 24, 2011 with additional information received on February 28, 2011. The impacts
are covered by: the State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional
Wetlands and Waters (IWGP100000). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. 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. 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 Certifications (GC3688 & GC3821) and IWGP100000 and any
additional conditions listed below.
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 (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Wetlands, Buffers, Stonnwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX' 919-807-6494
Internet: http'!portal ncdenr.org/web/wq/e:s
An Equal Opportunity \ Affirmative Action Employer
Spangler Environmental, Inc,
Page 2 of 5
April 6, 2011
Impact Type Amount Approved (Units) Plan Location or Reference
Non-404 Wetland 0.64 acres January 21, 2011 PCN age 4 of 10
Riparian buffer (Zone 1) 0.00 square feet January 21, 2011 PCN page 5 of 10
Riparian buffer (Zone 2) 0.00 square feet January 21, 2011 PCN age 5 of 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 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.
5. 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.orp,/web/wq/ws/su/npdessw#General_Permits NPDES.
Spangler Environmental, Inc,
Page 3 of 5
April 6, 2011
6. Stormwater Management Plan (SMP) Approval Required
SMP approval and implementation procedures shall be as follows:
The SMP must be approved in writing by either the Wetlands, Buffers, Stormwater, Compliance
and Permitting Unit (WeBSCaPe) or, if the project is subject to another state stormwater program,
a copy of the approval letter and approved SMP must be submitted before any impacts authorized
in this certification occur. If a development is phased, then the SMP for each future phase must
approved by the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe)or, if the project is subject to another state stormwater program, a copy of the
approval letter and approved SMP must be submitted before any impacts associated with that
phase may occur.
• 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.
• When a stormwater management plan (SMP) is approved by a local government, you are
required to submit either of the following to the DWQ Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit (WeBSCaPe).
• A valid approval letter from the local government and a copy of the approved SMP, including
complete set of plan details, design calculations and operation and maintenance agreement(s),
OR
• A complete set of stormwater plan details, design calculations and operation and maintenance
agreement(s) stamped as "Approved" by the local government.
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a
diffuse manner at non-erosive velocities through the entire protected stream buffers without re-
concentrating. If this is not possible it may be necessary to provide stormwater facilities that are
considered to remove nitrogen (and phosphorus if in the Tar-Pamlico River Basin). Additionally,
a stormwater management plan for this project shall be provided to this Office before any of the
impacts approved herein are conducted. The plan shall specify all stormwater discharge points,
plan details, and calculations to indicate that diffuse flow through the protected buffers or
nitrogen removal as described above will be achieved.
8. 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.
Spangler Environmental, Inc,
Page 4 of 5
April 6, 2011
9. 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
bufferimpact. These mechanisms shall be put in place at the time lots or properties are recorded.
A sample deed notification can be downloaded from the Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit (WeBSCaPe)web site at
http://portal.ncdenr.or web/wq/swp/ws/401/certsandpermits/appl /for s The text of the sample
deed notification may be modified as appropriate to suit to this project.
10. 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 Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit (WeBSCaPe), North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
The applicant/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 compliance, then the Division may reevaluate and modify this General Water Quality 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 (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 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.
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: [phone]
Spangler Environmental, Inc,
Page 5 of 5
April 6, 2011
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 and Other Non-404 Jurisdictional
Wetlands and Waters Rules (IWP100000) and the Neuse riparian buffer protection rule as described
within 15A NCAC 2B .0233. If you have any questions, please telephone Ian McMillan or Amy
Chapman at 919-807-6301.
CHS/ijm
Enclosures: Certificate of Completion
IWGP 100000
Sincerely,
I
6oleen H. Sullins
cc: DLQ Raleigh Regional Office
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Ben Swanson, 4000 Pine Lake Road, Lincoln, NE 68516
Filename: 110080Rich ieBrosAuctionecrsButnerSite(Granville)IW_NBR