20110165 Ver 1_Approval Letter_20111013

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AMER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
October 13, 2011
DWQ Project # 2011-0165
Wake County
USF Propco I, LLC
Attn: Mr. Alexander D. Raine
Vice President of Corporate Real Estate
9399 W Higgins Road Ste 500
Rosemont, IL 60018-4992
Subject Property: US Foodservice Zebulon Plant Expansion
Moccasin creek [030407,27-86-2, C, NSW]
Authorization of Neuse River Riparian Buffer Protection Rules Major Variance 115A NCAC 2B
.0233(9)(c)] and Approval of 401 Water Quality Certification
Dear Mr. Raine:
You have our authorization and certification in accordance with the conditions listed below, to impact
approximately 11,974 square feet (ft2 ) of Zone 1 of the protected buffers 9,951 and square feet (ft2 ) of
Zone 2 of the protected buffers, 0.17 acres of wetlands and 159 linear feet of intermittent stream to
construct the proposed facility expansion at the subject property as described within your variance and
401 application requests dated February 15, 2011 and received by the Division of Water Quality (DWQ)
on February 17, 2011 with additional information received by DWQ on June 24, 2011, July 29, 2011 and
September 16, 2011. This letter shall act as your Major Variance authorization as described within 15A
NCAC 213 .0233(9)(c) and as your General Water Quality Certification Number(s) 3821 (GC3821). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USACE). 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.
This 401 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 major variance authorization does not expire and runs with the property. In addition this major
variance authorization is for the purpose and design that you described in your application approved by
the Water Quality Committee of the Environmental Management Commission on March 9, 2011. If you
change your project, you must notify DWQ and you may be required to send us a new application. If the
property is sold, the new owner(s) must be given a copy of this variance authorization and is thereby
responsible for complying with all conditions. This authorization requires you to follow any conditions
listed below. This authorization shall expire five years from the date of this authorization.
The Additional Conditions of the Certification are:
Wetlands, Buffers, Stormwater, Compliarn e and Permitting Unit (WeBSCaPe)
1650 Mail Sep 'ice Cuter, Raleigh, North *olin- ?7699-1650 One
Phone 919-8W-630?, , FAX: [phone]- hCa1'ohria
Internet http l.i,;dear ' e nws V *&
An lual Opportuniortunib, Af" nnav? = Action Emplu,
US Foodservice
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October 13, 2011
1. No Additional Zone 1 Impacts
No additional impacts (except for "exempt" uses as identified within 15A NCAC 213.0233 and
what is approved in this authorization) shall occur to Zone 1 of the protected riparian buffers
unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless
otherwise approved by the DWQ.
2. Impacts Approved
Type of Impact Amount Approved (Units) Plan Location or Reference
Stream - Intermittent 159 (linear feet) PCN application page 5 of 11
Wetlands 0.17 (acres) PCN application page 5 of 11
Buffers Zone 1 11,974 (square ft.) Page 3 of Variance application
Buffers Zone 2 9,951 (square ft.) Page 3 of Variance application
3. Compensatory Mitigation (EEP) and EBX Forrest Creek Mitigation Bank
Mitigation must be provided for the proposed stream, wetland and buffer 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 stream mitigation
requirement and purchase buffer credits from the EBX Forrest Creek Mitigation Bank. These have
been determined by the DWQ to be suitable methods 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 [phone] if you have any questions concerning payment into a restoration fund.
For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Amount Approved nits Plan Location or Reference
Stream 159 (linear feet) Application materials
Zone 1 Buffer 35,922 (square feet) Application materials
Zone 2 Buffer 14,927 (square feet) Application materials
4. Erosion & Sediment Control Practices
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, anc' maintenance of the sediment and erosion control
n,casu, es must be sL ch tl at they equal, or e. _ceed, the requirer, ents specified in fie most
US Foodservice
Page 3 of 5
October 13, 2011
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.
5. 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.
6. Diffuse Flow
An additional condition is that 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 .0233 (5).
7. 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.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650.
9. Deed Restrictions
US Foodservice Inc (permittee) shall execute and cause to be recorded in the Wake County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining the
riparian buffers, as shown on the recorded plat in their natural state in perpetuity, prior to the sale
of US Foodservice in Zebulon, NC.
No person or entity shall perform any of the following activities on such buffer conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area
e. dui:ip or store soil, trash, o- other waste
f. graze or A;iter animals, or use for any agricLihU al or horticuitur it purpose
US Foodservice
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October 13, 2011
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules (15A
NCAC 213.0233) of the DWQ and therefore may be enforced by the DWQ. This covenant is to
run with the land, and shall be binding on the Owner, and all parties claiming under it."
The permittee shall enforce the terms of the restrictive covenants and shall take no action on the
subject site described in the covenants inconsistent with the terms thereof. This requirement
excludes riparian areas authorized accordance with this minor variance for impacts in approval.
The permittee shall provide a copy of the recorded restrictive covenants to the DWQ within 15
days of recording.
If you wish to contest any statement in this Major Variance 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], Fax: [phone]
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 Section 401 of the Clean Water
Act and the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(c)]. Please call Ms.
Amy Chapman at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
?j
J?
Coleen H. Sullins
CHSlast
Enclosures: GC3821
Certificate of Completion
c?21: Laure!, Witherspoon, DV,?Q haleigh Regio ial Office
US Foodservice
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October 13, 2011
Beth Reed, Kimley-Horn and Associates Inc, PO Box 33068, Raleigh, NC 27636-3068
Jamie Shern, Corps of Engineers, Raleigh Office
Matthew Fisher, EarthMark Mitigation Services, 1960 Derita Rd, concord, NC 28027
File Copy
Filename: l 10165USFoodServiceZebulonFacilityExpansion( Wake)Maj_Var_401