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Home My WebLink About20110608 Ver 1_Approval Letter_20111122 �� D�R North Carolina Department of Enwronment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 22 2011 DWQ Pro�ect# 11 0608 Johnston County Mr Charles D Mast Highway 42 Associates LLC PO Box 119 Smithfield NC 27577 Sub�ect Property Highway 42 Commerc�al Subd�v�sion Ut to Buffalo Creek[030402 27 42 C NSW] Approval of 401 Water Qual�ty Cerhficahon and Author�zat�on Cerhficate per the Neuse Rrver Buffer Protect�on Rules(15A NCAC 2B 0233)w�th Addihonal Cond�hons Dear Mr Mast You have nur approval in accordance with the attached cond�tions and those listed below to place fill within or otherwise �mpact 0 O1 acres of 404/Wetland and 401mear feet of perennial stream(temporary impact) and 2 400 square feet of Zone 1 Neuse River basm protected nparian buffers and 15 986 square feet of Zone 2 Neuse River basm protected ripanan buffers as descnbed �n your application dated August 3 2011 and rece�ved by the Divis�on of Water Quality(DWQ)on August 9 2011 with addrtional information received October 31 2011 to construct the proposed commercial development at the site After reviewing your application we have dectded that the impacts are covered by General Water Qualrty Certification Number(s)3819(GC3819) The Certification(s)allows you to use Nationwide Perm�t(s) NW12 when issued by the US Army Corps of Engmeers(USACE) This letter shall also act as your approved Authonzation Cert�ficate for impacts to the protected nparian buffers per 15A NCAC 2B 0233 In addrt�on you should obtam or otherwise comply with any other required federal state or local perm�ts before you go ahead wrth your pro�ect includmg(but not lim�ted to)Erosion and Sediment Control and Non discharge regulations Atso,this approval to proceed w�th your proposed�mpacts or to conduct impacts to waters as depicted m your applicahon shall ezpire upon ezp�rahon of the 404 or CAMA Permrt This approval is for the purpose and design that you descnbed m your appltcation 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 thts Certification and approval letter and is thereby responsible for complymg with all condrtions If total fills for this pro�ect(now or in the future)exceed one acre of wetland or 150 lmeaz feet of stream compensatory mit�gation may be required as descrtbed m 15A NCAC 2H 0506(h) This approval reqmres you to follow the cond�tions hsted m the attached cerhficahon and any addit�onal cond�hons I�sted below The Add�honal Condihons of t6e Cerhficahon are 1 Impacts Approved Wetlands Buffers Stormwater Compliance antl Permitting Un�t(WeBSCaPe) 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919 807 63001 FAX 919 807 6494 Internet http l/portal ncdenr org/weblwq/ws An Equal Opportunity 1 AffirmaUve AcUon Employer , H�ghway 42 Assoc�ates LLC Page 2 of 4 November 22 2011 The followmg impacts aze hereby approved as long as all of the other specific and general cond�tions of this Certification(or Isolated Wetland Permit)are met No other impacts are approved includmg mcidental impacts �` T e of Im act Amount A roved nits Plan Locat�on or Reference Stream( erenmal) 40(lu►ear feet)tem o im act PCN a lication age 4 of 10 Buffers Zone 1 2 400(s uare ft) PCN a l�cation age 5 of 10 Buffers Zone 2 15 986(s uaze ft) PCN a lication 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 m wetlands waters or riparian areas beyond the footpnnt of the �mpacts deprcted m the Pre Construction Not�fication All construction activrties mcluding the design mstallation operation and mamtenance of sediment and eros�on control Best Management Pract�ces shall be performed so that no violat�ons of state water quality standards statutes or rules occur 3 Erosion and sediment control practices must be m full compl�ance w�th all spec�fications governmg the proper design installat�on and operat�on and maintenance of such Best Management Practices m order to protect surface waters standards a The eros�on and sediment control measures for the pro�ect must be des�gned mstalled operated and mamtained m accordance with the most recent version of the North Carolina Sedrment and Erosion Control Planntng and Destgn Manual b The design mstallation operation and mamtenance of the sed�ment and erosion control measures must be such that they equal or exceed the requirements spec�fied m the most recent verston of the North Carolma Sediment and Erosron Control Manual The devices shall be mamtamed on all construct�on srtes bonow s�tes and waste p�le(spoil)pro�ects mcludmg contractor owned or leased borrow pits associated wrth the pro�ect c Sufficient materials requ�red for stabilizahon and/or repa�r of erosion control measures and stormwater routmg and treatment shall be on srte at all times 4 Sediment and Erosion Control Measures Sed�ment and eros�on control measures shall not be placed m wetlands or waters wrthout pr�or approval from the Division If placement of sediment and erosion control devices m wetlands and waters is unavoidable des�gn and placement of temporary erosion control measures shall not be conducted ►n a manner that may result m dis equilibr�um of wetlands or stream beds or banks ad�acent to or upstream and downstream of the above structures All sed�ment and erosion control devices shall be removed and the natural grade restored wrthm two(2)months of the date that the Division of Land Resources or locally delegated program has released the pro�ect 5 Protect�ve Fencing The outs�de buffer wetland or water boundary and along the construction corndor wrthm these boundar�es approved under this authonzation shall be clearly marked w�th orange warnmg fencmg (or s�milaz high visibility material)for the azeas that have been approved to mfnnge w�thm the buffer wetland or water pr�or to any land disturbtng act�v�t�es Htghway 42 Associates LLC Page 3 of 4 November 22 2011 6 D�ffuse flow plan approval The diffuse flow plan approved by this office consists of one level spreader and engmeered vegetated filter strip and all associated stormwater conveyances the grading and dramage patterns depicted on plan sheets dated October 2011 and received by the DWQ on October 31 2011 No changes to the level spreader engmeered filter strip shall be made without wntten , authorization from the DWQ The diffuse flow devices shall have maintenance access and at least a 10 foot dra�nage easement on each stde to allow for the abil�ty to mamtam the structures and to perform corcective act�ons The stormwater easements shall be recorded to provtde protection of the structures from potential alterations by future property owners The approved diffuse flow must be mamtamed in perpetuity m accordance wrth LS VFS operat�on and mamtenance(O& M)agreements signed by Mr Charles D Mast(Member Highway 42 Associates LLC)on October 21 2011 The O&M agreements must transfer with the sale of the property or transfer of ownership/respons�bil�ty for the BMP facilities DWQ must be notified promptly of every transfer 7 Certificate of Completion Upon complet�on of all work approved wrthm the 401 Water Quality Cerhfication or applicab(e 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 Umt (WeBSCaPe) North Carolina Division of Water Qual�ty 1650 Mail Service Center Ra.leigh NC 27699 1650 Vtolations of any condrtion herem set forth may result m revocation of th�s Certification and may result m criminal and/or civil penalties The authorization to proceed wrth your proposed impacts or to conduct �mpacts to waters as depicted in your application and as authonzed by this Certificatton shall expire upon exptration of the 404 or CAMA Permrt If you wish to contest any statement m the attached Certificat�on you must file a petrtion for an admmistrative hearing You may obtain the petrt�on form from the Office of Admm�strahve Hearmgs You must file the petrtion wrth the Office of Admmistrative Heanngs within sixty(60)days of receipt of this notice A petrtion �s considered filed when rt is received m the Office of Admmistrative Hearings during normal office hours The Office of Admmistrative Hearmgs accepts filmgs Monday through Fr�day between the hours of 8 OOam and 5 OOpm except for official state holidays The onginal and one (1)copy of the petrtion must be filed wrth the Office of Admm�strattve Hearmgs The petrtion may be faxed provided the origmal and one copy of the document is rece�ved by the Office of Admimstrative Hearmgs wrthm five(5)business days followmg the faxed transmission The mailmg address for the Office of Admmistrative Hearmgs is Office of Admmistrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facs�mile (919) 431 3100 A copy of the pet�tton must a�so be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center / H�ghway 42 Assoc�ates LLC , Page 4 of 4 November 22 2011 Rale�gh NC 27699 1601 Unless such a pet�t�on is filed this Certification shall be fmal and bmdmg This letter completes the review of the Division of Water Qualrty under Sect�on 401 of the Clean Water Act and the Neuse nparian buffer protection rule as descnbed wrthin 15A NCAC 2B 0233 If you have any questions please telephone Kazen Higgms at 919 807 6300 or Ian McMillan at 919 807 6364 Smcer � oleen H Sullms CHS/kah/�m Enclosures GC3819 Certificate of Complet�on cc USACE Raleigh Regulatory Field Office Lauren Wrtherspoon DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Lee R Hmes 309 Cameronwood Drive Fuquay Vanna NC 27526 Fdename 110608Highway42CommercialSubdivis�on(Johnston)401_NBR