HomeMy WebLinkAbout20110974 Ver 1_Approval Letter_20120127� AtW
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
January 27 2012
Greg Sandreuter
RDU Center IV
9335 Harris Corners Pkwy Suite 250
Charlotte NC 28269
DWQ Project # 11 0974
Diy�Iiam County
L'-" Y`—
Subject Property RDU Center IV
Crabtree Creek (Crabtree Lake) [030402 27 33 (3 5) B NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir
You have our approval in accordance with the attached conditions and those listed below to place fill within or
otherwise impact 0 08 acre of 404 wetland (temporary impacts) and 0 05 acre of 404 wetland (permanent impacts)
as described within your application dated November 1 2011 received by the N C Division of Water Quality
(DWQ) on November 1 2011 and additional information received December 29 2011 for commercial
development After reviewing your application we have decided that the 404/401 impacts are covered by
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 Non discharge and other regulations
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
The Additional Conditions of the Certification are
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
North Carolina Division of Water Quality
Internet www ncwaterquality org
Raleigh Regional Office
1628 Mail Service Center
O
None hCarolina
Amorally
Surface Water Protection Phone (919) 791 4200 Customer Service
Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
Page 2
Type of Impact
Amount Approved Units
Plan Location or Reference
404 wetland
0 05 (acre) permanent impacts
PCN Application page 5 of 11
404 wetland
0 08 (acre) temporary ►m acts
PCN Application page 5 of I I
Sediment and Erosion Control
2 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
3 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 404/401 Permit 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 rules occur
4 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
5 Protective Fencing The outside 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 wetland or water prior to
any land disturbing activities to ensure compliance with 15 NCAC 2H Section 0500
6 Stormwater Management Plan (SMP) Approval Required
You are required to provide one copy of the approved SMP including plan details on full sized plan sheets
with proof of the Town of Cary s approval The approved SMP must be submitted to the DWQ Webscape
Unit (1650 Mail Service Center Raleigh NC 27699 1650) before any impacts authorized in this certification
occur The following requirements also apply
The approved SMP must be constructed and operational before any permanent building or other structure
is occupied at the site
Page 3
• 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 Town of Cary A copy of the
approval letter and the modified SMP must be submitted to the DWQ Webscape Unit prior to the
commencement of the modifications
Certificate of Completion
7 Upon completion of all work approved within the 401 Water Quality Certification 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
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
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 OOam and
5 OOpm 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 (919) 431 3000 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
Unless such a petition is filed this Certification shall be final and binding
Page 4
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If
you have any questions please telephone Lauren Witherspoon in the Raleigh Regional Office at 919 791 4251
S c ely
7C/��I�
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures GC3821
Certificate of Completion
cc Jamie Shern — USACE Raleigh Regulatory Field Office
WeBSCaPe File Copy — 1650 Mail Service Center
RRO File Copy
Jim Spangler— Spangler Environmental Inc 4338 Bland Road Raleigh NC 27609
Filename 11 0974_RDU Center IV-401-Approval