HomeMy WebLinkAbout20110999 Ver 1_Approval Letter_20120411MCDENR
North Carolina Department of Environment and Natural Resources
Division of Wate Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
Apr' 11 2012
Mr Tim Pace
Henry County Industrial Development Authority
3300 Kings Mountain Highway
Collinsville VA 24078
Re Commonwealth Crossing Business Centre — NC Access Road Rockingham County
Roanoke River Basin (03010103)
NCDWQ #2011 0999 USACE Action ID No N 4O 2008 1100
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Pace
Attached hereto is a copy of Certification No 3912 issued to Mr Tim Pace and Henry County Industrial
Development Authority dated April 11 2012 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
Sinc
1114k
C arles Wakild P E
Attachments Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
U S Army Corps of Engineers Raleigh Regulatory Field Office Wilmington District USACOE
U S Army Corps of Engineers Western Virginia Regulatory Section Norforlk District USACOE
Josh Witherspoon Timmons Group
Sue Homewood Division of Water Quality Winston Salem Regional Office
DLR Winston Salem Regional Office
File Copy
Filename 110999CommonwealthCrossingBusinessCentre (Rockingham)401_IC
1617 Mad Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 807 63001 FAX 919 - 807 64921 Customer Service 1877-623 6748
Internet www ncwaterouality om
An Equal Opportunity 1 Affirmative Action Employer
Conuron%ealth Crossing Business Centre
Page 2 of 5
Ap d 11 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATIONN s is-- -d in coi for n q " th the req weirei t.. of Section 401 I't olic Lai%s 02
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (Division)
Regulations in 15 NCAC 2H Section 0500 to Mr Tim Pace and Henry County Industrial Development
Authority to fill impact or otherwise impact 0 04 acres of 404 /wetland and 253 linear feet of intermittent
stream associated with the proposed roadway project for access to the future Commonwealth Crossing
Business Centre project at the site, which is located within the Roanoke River Basin The site is located off
north of the Spencer Road near Stoneville Rockingham County North Carolina pursuant to an application
dated Octooer 2.) 201 l ana received by the Division on November 14 2011 and by Pubuc Notice by the
U S Army Corps of Engineers issued on the 2nd day of February of 2012 and additional information
received by the Division on January 23 2012
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 2H 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 Division 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 (Units).
Plan Location or Reference
404/Ri anan Wetlands
0 04 (acres)
Application and Public Notice
Stream (intermittent)
253 [(linear feet)
Application and Public Notice
2 Compensatory Mitigation
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 DIVISION 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
Commonwealth Crogsing Business Centre
Page 3 of 5
April 11 2012
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
Type of Impact
Compensatory Mitigation Required
I River and Sub basin Number
Stream
253 (feet)
Roanoke (03010103)
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 protect
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 404/401 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
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 protect
6 All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in
contact with the disturbed area Approved best management practices from the most current version of
the NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance
Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be
used to minimize excavation in flowing water
Mr Tim Pace and Henry County Industrial Development Authority shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(4) 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
Commonwealth Crossing Busines- Centre
Page 4 or 5
April 11 2012
such standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the
Certification the Division shall notify Mr Tim Pace and Henry County Industrial Development
Authority and the US Army Corps of Engineers provide public notice in accordance with 15A
NCAC 211 0503 and prov de opportuni43 for pLbiic hearing in accordance with 1.) A 'NCAC 2h 0 04
Any new or revised conditions shall be provided to Mr Tim Pace and Henry County Industrial
Development Authority 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 roadway ditches shall be managed to minimize the sediment pollution that is conveyed to the
receiving Qtream Periodic corrective ac tions shall be undertaken f necessary to epair Bros on
problems within the ditches and to reestablish vegetation
9 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 Concrete is toxic to aquatic life and should not be allowed to come in contact with surface
waters until cured
10 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
11 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 401 /Wetlands Unit 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 444 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
This the 11`i' day of April 2
D ON O W R ITY
I� l� Charles Wakild P E
CW/kah/i�m
3912
LEW
MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Waklld P E Dee Freeman
Governor Director Secretary
A jr-ti, Carc,Iir a Di vis c, „ i g ate Qualit,
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Mr Tun Pace and Henry County Industrial Development Authority to fill
impact or otherwise impact 0 04 acres of 404 /wetland and 253 linear feet of intermittent stream associated with the
proposed roadway project for access to the future Commonwealth Crossing Business Centre project at the site
which is located within the Roanoke River Basin The site is located off north of the Soencer Road near Stoneville
Rockingham County North Carolina 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
EEP Project Name
Commonwealth Crossing Business Center
DWQ PROJECT #
20110999
LOCATION
Stoneville
COUNTY
Rockingham
BASIN/ SUB BASIN
Roanoke/ 03010103
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
Mitigation
253 Linear Feet of Stream
253 Linear Feet of Stream
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 mvoice 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
(919) 716 0476
Filename 110999CommonwealthCrossmgBusmessCentre (Rockingham )401_IC_EEP
Wetlands Buffers Stormwater Compliance and °ermdting Unit (WeBSCaPe)
1650 sail Service Center Raleigh North Carolina i60 1650
Pion 919 807 V0V FAa 9 9 807 6404
nternet http llporta nc lenr orglweh aghvs
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