20100988 Ver 1_Approval Letter_20110812

NICYDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 12, 2011
Mr. H. Dean Green
Greensboro Auto Auction
3907 W. Wendover Ave
Greensboro, NC 27409
Re: Greensboro Auto Auction, Guilford County
South Buffalo Creek (030602, 16-11-14-2, WS-V, NSW)
DWQ #20100988; USACE Action ID. No. SAW-2010-00636
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Green:
Attached hereto is a copy of Certification No. 3865 issued to Mr. H. Dean Green and Greensboro Auto
Auction, dated August 12, 2011. 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.
Sincerely,
4
1
?Coieen H. Sullins
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Bruce Nooe, PE, CPT Engineering, 4400 Tyning St, High Point, NC 27265
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
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portal,ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
Greensboro Auto Auction
Page 2 of 5
August 12, 2011
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. H. Dean Green and Greensboro Auto Auction to fill
impact or otherwise impact 295 linear feet of perennial stream associated with the proposed expansion of
the Greensboro Auto Auction and construction of the proposed Kaplan University and adjacent proposed
10,000 square foot restaurant, which is located within the Cape Fear River Basin. The site is located at
4009 W. Wendover Ave, Greensboro, NC, Guilford, County, North Carolina, pursuant to an application
dated 28 h of October, 2010, and received by the DWQ on November 23, 2010, and by Public Notice by the
U.S. Army Corps of Engineers issued on the 4 h day of May of 2011.
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 21-1.0506 (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 nits) Plan Location or Reference
Stream (perennial) 295 linear feet of erennial stream Application and Public Notice
2. 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 Stream 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 days from
the date of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Stream Restoration Fund to meet the following
compensatory mitigation requirement:
Greensboro Auto Auction
Page 3 of 5
August 12, 2011
Type of impact Com ensato Mitigation Required River and Sub-basin Number
Stream 295 feet S. Buffalo Creek, 030602
3. 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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 ruies occur;
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;
6. The final, written stormwater management plan approval on letterhead from the reviewing local
government and one copy of the approved stormwater management plan, including plan details,
calculations and other supporting information, must be received by this Office before the impacts
specified in this Certification occur. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational, and
the stormwater management plan (as approved by this Office) shall be implemented. The
approved structural stormwater practices as well as 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.
Greensboro Auto Auction
Page 4 of 5
August 12, 2011
7. Mr. H. Dean Green and Greensboro Auto Auction, 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. H. Dean Green and Greensboro Auto Auction 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 Mr. H. Dean Green and Greensboro Auto Auction 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;
8. All mechanized equipment operated near surface waters should be inspected and maintained often
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic
materials.
9. Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters
until cured. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive silt
and sediment loads can have numerous detrimental effects on aquatic resources including destruction
of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
10. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, 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 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, Raleigh, 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.
3865
This the 12'h day of Aug srt '011
DIVISION OF WA; 71,AILITY
Coleen H. Sullins
ONR'
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen 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 2H.0500, Mr. H. Dean Green and Greensboro Auto Auction, has permission to
permanently fill or otherwise impact 295 linear feet of jurisdictional stream in the Cape Fear River Basin,
associated with the construction of a proposed Kaplan University and adjacent proposed 10,000 square foot
restaurant in Greensboro, NC, in Guilford County. 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 Greensboro Auto Auction
DWQ PROJECT #: 20100988
LOCATION: W. Wendover Ave, Greensboro NC
COUNTY Guilford
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 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 `--- Miti ation
295 Linear Feet Of Peremiial Stream 295 Linear Feet of Perennial Stream within HUC
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]
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity l Affirmative Action Employer