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HomeMy WebLinkAbout20100063 Ver 2_401 Application_20120412L03 u 2 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolma 27614 Phone (919) 846 -5900 Fax (919) 846 -9467 www SandEC com April 5 2012 S &EC Protect #11404 P2 To N C Division of Water Quality WebSCaPe Unit Attn Karen Higgins 512 N Salisbury Street (9`" floor) Raleigh NC 27603 From Deborah Edwards Soil & Environmental Consultants P A 11010 Raven Ridge Road Raleigh NC 27614 Re Franklin County HUB Site RIPARIAN BUFFER MODIFICATION REQUEST Youngsvdle Franklin County NC Please see attached Pre Construction Notification Application site plan and revised impact map requesting a Modification of the previously approved Tar Pamlico Riparian Buffer Authorization issued on September 9 2010 This Modification request is a result of a construction change and will result in temporary impacts only Please note that these changes were discussed with Lauren Witherspoon and she has confirmed that a Riparian Buffer Modification request was necessary and no application fee would be required Please see the increases in impact areas outlined below Riparian Buffers Zone 1 + 390 ft' Riparian Buffers Zone 2 + 260 ft' As a result of the above increases the revised impact amounts requested are summarized below Previously ADnroved Current Renuest Wetland Impact (acres) 0 167 0 167 Open Water Impact (acres) 0 0 Total Stream Impact (linear feet) Perennial 238 Perennial 238 Intermittent 120 Intermittent 120 Total Riparian Buffer Impact (square feet) Zone 1 24 366 Zone 1 24 756 Zone 2 14 892 Zone 2 15 152 Please contact me at (919) 846 5900 if you have any questions or require additional information Attachments Pre construction Notification Application Form Agent Authorization Form NRCS Sod Survey Map & USGS Topographic Map 401 Water Quality Certification Approval (DWQ Protect #10 0063) 404 Nationwide Permit Verification (AID SAW 201000333) Overall Site Plan & Impact Exhibit APR 9 2052 I DENR WATER QlJa117'Y \o�ot W AT FRQG Office Use Only Corps action ID no DWQ project no Form Version 13 Dec 10 2008 Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing 1a Type(s) of approval sought from the Corps El Section 404 Permit ❑Section 10 Permit 1b Specify Nationwide Permit (NWP) number N/A or General Permit (GP) number N/A 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Ripanan Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in lieu fee program ❑ Yes ® No 1g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Franklin County HUB Site 2b County Franklin 2c Nearest municipality / town Youngsvdle 2d Subdivision name N/A 2e NCDOT only T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Kerr Tar Regional Economic Development Corporation 3b Deed Book and Page No D B 1635 & 1624 Pg 866 & 823 3c Responsible Party (for LLC if applicable) Ronald W Goswick 3d Street address PO Box 709 3e City state zip Henderson NC 27536 3f Telephone no 252 -436 2040 3g Fax no N/A 3h Email address N/A Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify Owner please send correspondence to both owner and agent 4b Name Ronald W Goswick Director 4c Business name (if applicable) Franklin County Economic Development Commission 4d Street address 112 D Wheaton Drive 4e City state zip Youngsvdle North Carolina 27596 4f Telephone no 919 554 1863 4g Fax no 919 554 1781 4h Email address RGoswick @franklincountync us 5 Agent/Consultant Information (if applicable) 5a Name Deborah Edwards 5b Business name (if applicable) Sod & Environmental Consultants PA 5c Street address 11010 Raven Ridge Road 5d City state zip Raleigh NC 27614 5e Telephone no 919 846 5900 5f Fax no 919 846 9467 5g Email address DEdwards @SandEC com Page 2 of 14 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) Parcel ID 1893 -60 5832 1892 -68 0647 1892 57 7666 1893 -43 2009 1892 79 2734 1 b Site coordinates (in decimal degrees) Latitude 36 0309 Longitude 783341 (DD DDDDDD) (DD DDDDDD) 1c Property size t 252 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to UT to Cedar Creek 28 29 (2) proposed project 2b Water Quality Classification of nearest receiving water C NSW 2c River basin Tar River 03 -03 01 Hydrologic Unit Code 03020101 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The existing conditions on site are wooded and agricultural with one lot ( #8) currently developed The general land use in the vicinity of the project is pnmanly undeveloped forested land with some rural residential agricultural and the Franklin County Airport which Is adjacent to the property The road construction has commenced 3b List the total estimated acreage of all existing wetlands on the property t 22 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 14 332 linear feet 3d Explain the purpose of the proposed project The purpose of the proposed project is to construct a road necessary for access to the Franklin County HUB site Additionally a force main will be constructed within the shoulder of the proposed road and will connect to a new pump station 3e Describe the overall project in detail including the type of equipment to be used The overall project consists of constructing t 138 miles of two lane road within a 100 ft Right of way Equipment such as bull dozers bucket loaders excavators and other typical equipment used for land disturbance and paving will be utilized for this project 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No ❑Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type of determination was made? ❑ Preliminary ® Final Comments 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company ECS Carolinas LLP and Name (if known) Christina Breen & Sean Clark Soil & Environmental Consultants PA Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation USACE site visit with James Lastinger date unknown NCDWQ site visit with Martin Richmond on August 6 & November 17 2008 (TBRRO 08 192) 5 Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions 404 Nationwide Permit 14 & 39 on 08113110 (AID #201000333) 401 Water Quality Certification Approval on 09109110 (DWQ Project #10 0063) Page 3 of 12 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 6 Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes explain The proposed project includes 4 phases with phase 1 being the road corridor and force main Page 4 of 14 C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact number — Type of jurisdiction Permanent (P) or Temporary Type of Type of Forested (Corps 404 10 Area of impact (T) impact wetland DWQ — non -404 other) (acres) if known W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑P ❑T El Yes [I Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact number Type of Stream name Perennial Type of jurisdiction Average Impact Permanent (P) or Temporary impact (PER) or (Corps 404 10 stream length (T) intermitte DWQ — non -404 width (linear nt (INT)? other) (feet) feet) S1 ❑ P FIT ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then individua ly list all open water impacts below 4a 4b 4c 4d 4e Open water impact Name of waterbody number — Permanent (if applicable) Type of impact Waterbody type Area of impact (acres) P or Temporary T 01 ❑PEI 02 ❑P ❑T M Total open water impacts 4g Comments Page 5 of 12 PCN Form — Version 1 3 December 10 2008 Version 5 Pond or Lake Construction If pond or lake construction proposed then com lete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of pond (acres) number F Flooded a Excadvate Flooded Filled Excavated Flooded d P1 5f Total 5g Comments 5h is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse ® Tar Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Permanent (P) or Reason for impact Buffer Zone 1 impact Zone 2 impact Temporary (T) Stream name mitigation (square feet) (square feet) required? B1 #1 ® P El ( ) Bypass Channel UT to Cedar El Yes 1 250 930 Outlet #1 Creek ® No B2 ( #3) ® P ❑ T Road Crossing UT to Cedar Creek ® Nos 7 188 4205 B4 (#4) ® P ❑ T Road Crossing UT to Cedar Creek ® Nos 7 291 4 754 B5 ( #5) ® P ❑ T Road Crossing UT to Cedar Creek ® Nos 8 637 5 003 B6 ( #5) ® P ❑ T Temporary Impact UT to Cedar ❑ Yes 390* 260* for Construction Creek ® No 6h Total buffer impacts 24 756 15152 61 Comments New buffer impact associated with modification request All other riparian buffer impacts remain the same Page 6 of 14 D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project In order to construct the previously permitted impact for road crossing #5 additional riparian buffer impacts will be needed for the temporary bypass pipe This is because of the area needed for the construction of the wing walls on the upstream end of the box culvert there is not room for the temporary bypass pipe and for the construction of the wing walls Specifically we are requesting an additional 390 ft2 of Zone 1 and 260 ft2 of Zone 2 This additional area of impact is located within the existing area of forestry impacts and has already been replanted 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Erosion & Sediment Control plan will require measures to protect water quality during construction activities 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ® No 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes which mitigation option will be used for this project? ❑ Mitigation bank men in ram ❑ Payment to l fee program p y g ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested 0 linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) 0 square feet 4e Riparian wetland mitigation requested 0 acres 4f Non riparian wetland mitigation requested 0 acres 4g Coastal (tidal) wetland mitigation requested 0 acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 7 of 12 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permrttee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Our cumulative total of npanan buffer impacts for Impact #5 is below 113 acre and less than 150 linear feet Page 8 of 14 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b If yes then is a diffuse flow plan included? If no explain why Comments This diffuse flow plan for this project was previously approved on ❑ Yes ® No September 9 2010 (see attached) 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 236% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why This application is only requesting modifications to the riparian buffer impacts no additional stream/wetland impacts are proposed Therefore the conditions written Into the September 9 2010 401 Approval should still apply 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HOW ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form —Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land*7 lb If you answered yes to the above does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered yes to the above has the document review been finalized by the State Clearing House? (If so attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 0200) 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development which could impact nearby downstream water quality 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description We have reviewed the Draft Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs document prepared by the NC Division of Water Quality on Apnl 10 2004 version 2 1 The draft states that publically funded developments mayor may not result in cumulative impacts The Franklin County HUB project is an Industrial park development Additionally the project is located within Franklin County and therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters 1) the Tar Pamlico River Basin Riparian Buffer Protection regulations these regulations require limited development within the npanan buffer area in addition to diffuse flow requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved and 2) the Nutrient Sensitive Waters Management Strategy requirements required by Franklin County Furthermore in accordance with DWQ s recommendations at our meeting dated February 23 2010 Franklin County has provided a letter that specifically addresses future Indirect and Cumulative Impacts this letter was included in the original PCN application dated January 21 2010 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility This project includes a force main & sewer and will be connecting to an existing Sanitary Sewer System and constructing anew pump station The County will ensure that capacity of their treatment facility will not be exceeded Page 10 of 12 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or Yes ® ❑ No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c If yes indicate the USFWS Field Office you have contacted ® Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Programs Virtual Workroom was used to search for elemental occurrences of state and federally protected species in the vicinity of the project The Virtual Workroom found 2 elemental occurrences of state and /or federally protected threatened /endangered species within 2 miles of the vicinity of the project It was determined based on the search that an elemental occurrence of A/asm►donta heteroden (Dwarf wedgemussel) listed as endangered (E) by the state and listed as endangered by the federal (E) is located within 2 miles of the project location As such a freshwater mussel survey was conducted by Mr John Alderman in March 2007 (see attached report) This survey targeted the Dwarf wedgemussel and the Tar River spineymusse/ The bio logical determination by this report was that no habitat is present for the Tar River Spineymussel therefore no effect Furthermore this report was forwarded to USFWS in March 2010 Mr Dale Suiter commented specifically 1 am ok with the methods used in the 2007 mussel survey conducted by John Alderman / concur with his No Effect determination for Tar River spinymussel and the Dwarf wedgemussel and recommend that the project design incorporate stringent erosion and sedimentation control measures to protect water quality in the project area please see attached March 23 2010 email from Mr Dale Suter of the USFWS It was also determined based on the search that an elemental occurrence of Portulaca small► (Smalls portu/aca) listed as threatened (T) by the state is located within 2 miles of the project location References [NHP] North Carolina Natural Heritage Program 2010 Internet based search Natural Heritage Program Virtual Workroom <http lAvww ncnhp org> Accessed 9 April 2010 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? References (NOAH) National Oceanic and Atmospheric Administration 2009 Internet based search NOAA Fisheries Essential Fish Habitat Mapper <http / /sharphn nmfs noaa govlwebsite /EFH Mapper /map aspx> Accessed 9 April 2010 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ®Yes El No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? A plantation the Cascine Plantation a property listed In the National Register of Historic Places is located north of the project site SHPO provided comments in a letter dated March 30 2010 specifically requiring a 200 vegetative buffer along the northern property boundary of the Franklin County HUB site and plans for the treatment of the temporary road access on the northeastern boundary of the Franklin County HUB site Since the 401 Approval that was Issued on September 9 2010 all SHPO concerns have been take care of Page 11 of 14 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 year floodplain? ® Yes ❑ No 8b If yes explain how project meets FEMA requirements As per the project engineer FEMA requires that any obstruction placed in the flood plain not increase the 100 year flood elevation by more than one foot The triple box culvert as designed at crossing #5 meets this criteria 8c What source(s) did you use to make the floodplam determination? NC Floodplam Mapping Program Deborah Edwards , � April 5 2012 Applicant/Agent s Printed Name Applicant/Agent s Signature Date (Agents signature is valid only if an authorization letter from the applicant is provided Page 12 of 14 AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name o �a ' Address JC 7 6 2 U-;; - J.,► r s d -✓ 4/ C- 2 s .� a/ Phone #l- 25 y 3 2 O q 0 Project Name /Description. 7.1a a.)o %t Xo rtA JS tiK/ •A&EC Project # Date 2 The Department of the Army U S Army Corps of Engineers, Wilmington District P O Box 1890 Wilmington, NC 28402 Attn. 1 e' v► et r----Q Field Office .L IQ Re Wetlands Related Consulting and Permitting To Whom It May Concern. I, the current property owner, hereby designate and authorize Soil & Environmental Consultants PA to act in my behalf as my agent in the processing of permit applications, to fin-rush upon request supplemental information in support of applications etc from this day forward The day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE. This authorization,, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S &EC staff You should call S &EC to arrange a site meeting prior to visiting the site Print Property Owner s Name cc Ms Cyndr Karoly NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 Property Owner's Signature cc Mr Kevin Marton Soil & Environmental Consultants PA r N YX 7�V 20 Airport Road Extension V K\' I T U M N Industrial Pa r!J., LI % \I, Nil — IZN < ) - 01 f ILI f Project No. Figure I - USGS Topo Quad 11404 Project Mgr.: Franklin County HUB Soil & Environmental Consultants, PA Debbie Edwards 11010 Raven Ridge Rd.• Raleigh, NC 27614 Scale: Franklin County, NC (919) 846-5900 - (919) 846-9467 Web Page: www.5andEC,corn 1 2,000' Louisburg Quadrangle 03/08/10 PIMR odh-8arollna Departmentof environment -and- NaturaiRmmes - -- Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary September 9 2010 DWQ Project # 10 -0063 Franklm County Mr Ronnie W Goswick I ----- C � — Kerr Tar Regional Economic Development Corporation r� E I V � P O Box 709 rte IL.) Henderson, NC 27536 1 4 1010 I Subject Property Franklin County HUB Site C Su I u EryWY mr iitai Cyt+strt r? r Ut to Cedar Creek [0303 01 28 29 {1) C NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B 0259) with Additional Conditions REVISED Dear Mr Goswick You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0167 acres of 404 /wetland, 238 linear feet of perennial stream, 1201mear feet of intermittent stream and 24 366 sq,.are feet of Zone 1 Tar Pamlico River ba..m protected riparian buffers and 14 892 square feet of Zone 2 Tar Pamlico River basm protected riparian buffers, as described in your application dated January 21 2010 and received by the Division of Water Quality (DWQ) on January 25, 2010, with additional information received on April 12, 2010, June 16, 2010 July 27 2010 August 6, 2010 and September 9 2010 to construct the proposed Triangle North Industrial Park at the site After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3820 (3820) and 3821(GC3821) The Certifications) allows you to use Nationwide Permit(s) NW 14 and NW39 respectively when issued by the US Army Corps of Engineers (USACE) This Certification replaces the Certification issued to you on August 30, 2010 This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B 0259 In addition you should obtain or otherwise comply with any other requmed 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 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 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 1501mear 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 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650 Location 2321 Crabtree Blvd Sub 250 Raleigh North Carolina 27604 Phone 919 733 1786 1 FAX 919 7336893 Internet httpl /portalncdenrorg/webhvq/ws An Equal Opportunity 1 Affirmative Action Employer Kerr Tar Regional Economic Development Corporation Page 2 of 5 September 9 2010 The Additional Conditions of the Certification are 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 mcidental impacts Type of Impact Amount Approved nits Plan Location or Reference 404/Wetland 0 167 acres Corres dence received 4/12/10 Stream perennial 238 ear fleet Correspondence received 4 /12/10 Stream intermittent 120 linear feet Correspondence received 4/12/10 Buffers Zone 1 1 24,366 (s quare ft Correspondence received 7/27110 Buffers Zone 2 114,892 (square ft Correspondence received 7/27/10 2 No Waste Spoil Solids or Fill of Any Kurd No waste, spoil, solids or fill of any land shall occur in wetlands waters, or ripanan 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 3 Sediment and Erosion Control Measures 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. 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, mstallation, 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 Kerr Tar Regional Economic Development Corporation Page 3 of 5 September 9 2010 4 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 fencmg (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 5 Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland water and buffer impact These mechanisms shall be put in place at the time lots or properties are recorded A sample deed notification can be downloaded from the 401/Wetlands Unit web site at 2906152e0&groupld =3 8364 The text of the sample deed notification maybe modified as appropriate to suit to this project 6 Compensatory Mitigation Using the Ecosysterli Enhancement Program (EEP) and Onsrte Preservation Mitigation must be provided for the proposed impacts as specified in the table below We understand that you have agreed to provide perennial stream mitigation for proposed perennial stream impacts and wish to make a payment to the Wetlands 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 perennial stream impacts specified in this Authorization Certificate shall occur The EEP should be contacted at (919) 716 -1921 if you have any questions concerning payment into a restoration fund Additionally you have proposed to preserve 715 linear feet of unportant/perennial stream and land to mitigate for the proposed impacts to 120 Iinear feet of intermittent stream as shown on the `Sketch Map — Mitigation Site (HUB) map dated July 22 2010 and received by the DWQ on August 6 2010 This has been determined by the DWQ to be a suitable method to meet the mitigation requirement for the proposed impacts to intermittent stream Please note you have 60 days from the date of this approval to make the EEP payment For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement Type of Wetland Compensatory Mitiggation Required River and Sub -basin Number Stream perennial 238 linear feet Tar Pamlico /03020101 7 Diffuse Flow (DWQ Reviewed Plans) 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 0259(5) In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B 0259(5)) you have provided the DWQ with level spreader (or bioretention) designs dated July 20, 2010 and received by the DWQ on July 27 2010 The DWQ believes that if implemented as per these plans diffuse flow will be achieved However if diffuse flow as per 15A NCAC 02B 0259(5) is not achieved then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies At no time shall stormwater from the proposed development be piped duvaly through the buffer without prior DWQ written authorization Kerr Tar Regional Economic Development Corporation Page 4 of 5 September 9 2010 The Operation & Maintenance (O&M) agreement(s) for the proposed level spreaders signed by Timothy Baynes on July 20 2010 must transfer with the sale of the land or transfer of responsibility for the stormwater facilities DWQ must be notified promptly of every transfer The structural diffuse flow practices as approved by this Office as well as drainage patterns must be maintained in perpetuity No changes to the structural diffuse flow practices shall be made without written authorization from the DWQ Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance The stormwater easements shall allow for the ability to maintain the structures perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners After each lot is developed, no stormwater from the lot may be conveyed to the currently approved diffuse flow system that serves the road and right of way Each lot will need to provide its own diffuse flow and stormwater plan in accordance with 15A NCAC 2B 0259 8 Certificate of Completion 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center Raleigh NC 27699 1650 Violations of any condition herem 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)-4313000 Facsimile (919)-4313100 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 Kerr Tar Regional Economic Development Corporation Page 5 of 5 September 9 2010 Unless such a petition is filed this Certification shall be final and binding This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar - Pamlico River basm riparian buffer protection rule as described within 15A NCAC 2B 0259 If you have any questions please telephone Ian McMillan or Amy Chapman at 919 733 1786 7 Sm Y & .. CHSlym Enclosures GC 3820 and GC 3821 Certificate of Completion cc Lauren Witherspoon, DWQ Raleigh Regional Office DLR. Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Kevin (Martin S &FC P A 11010 Raven Ridge Road Raleigh NC 27614 Filename l 3FinaidinCoantyIiMite(vmnkiloMO TPBR Revised U S ARMY CORPS OF ENGINEERS F�j I WILMINGTON DISTRICT 4t') 0 9 2010 i Action ID 201000333 County Franklin USGS Quad Franklinton __ `'41 fi fr ktmtitiiP to Lrnstiltiiu� 14 GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent Kerr -Tar Regional Economic Development Cory Address Attn Ronald Goswick P O Box 709 Henderson, NC 27536 Telephone No 252436 -2040 Size and location of property (water body road name/number town, etc ) The ymygM is 252 acres located adiacent to the Franklin County Airport near Franklmton Franklin County and contains unnamed tributaries, and their adiacent wetlands which flow to Cedar Creek In the Tar Pamlico River basm Description of protects area and activity Tins permit %erificabon allows for 238 linear feet of permanent_ stream channel impacts to stream channels exhibiting important aquatic functions. 120 linear feet of permanent impacts to unimportant stream channels. 42 linear feet of temporary stream channel impacts.0 1313 acres of permanent wetland impacts, and 0 0355 acres of temporary wetland impacts, for the construction of a road, and utilities to service the Franklin county HUB site in strict accordance with the plans submitted in the PCN on April 12.2010 Mitigation is required for this proposal Applicable Law ® Section 404 (Clean Water Act 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act 33 USC 403) Authorization Regional General Permit Number Nationwide Permit Number 39 and 14 Your work is authorized by the above referenced permit provided it is accomplished in stnct accordance with the attached conditions and your submitted plans Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order a restoration order and/or appropriate legal action This verification is %slid until the NWP is modified reissued or revoked All of the existing NWPs are scheduled to be modified reissued, or revoked prior to March 18 2012 It is incumbent upon you to remain informed of changes to the NWPs We will issue a public notice when the NWPs are reissued Furthermore if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modifi cation or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone (919) 733 1786) to determine Section 401 requirements For activities occurring within the twent) coastal counties subject to regulation under the Coastal Area Management Act (CAMA) prior to beginning work you must contact the N C Division of Coastal Management This Department of the Army venfication does not relieN a the permittee of the responsibility to obtain any other required Federal State or local approvals/permits If there are any questions regarding this verification any of the conditions of the Permit or the Corps of Engineers regulator) program please contact James Lastmger at 919 554 4884 ext 32 Special Conditions 1 In order to compensate for impacts to 238 linear feet of stream channel exhibiting important aquatic functions the permittee shall make Payment to the North Carolina Ecosystem Enhancement Program (NC EEP) m the amount determined by the NC EEP, sufficient to perform the restoration of 238 linear feet of warm water stream channel in the Tar Pamlico River Basm, Catalogma Unit 03020101 Constriction within mnsdichonal areas on the property shall been full payment to the NC EEP and provided a copy of the Davment d NC EEP has provided wntten confwmahon to the Corps that it ae mitigation work reauwed, in comphaace with the MOU between_ Environment and Natural Resou and the United States Arm, District. dated November 4.1998 k only after the permLttee has mad ocumentation to the Corps, and the revs to accept_ responsibility for the the North Carolina Department of y Corps of Enemeers. Wilmington * *Note Habitat type may be described as found m &eWale and Weakley. Classification of the Natural Communities of North Carolina. Third Approsumahon.1990, or m accordance with Cowardm, et al (1979). Classificadon of Wetlands and Deepwater Habitats of the of the United States ** 2 The vernuttee shall unlement the stream and wetland mitigation Dian entifl "Franklin Connty HUB S ft Comnensatory Mitigation P an" dated August 6.2010 This plan provides for compensatory mitieation reauivements for the Droiect fill Impacts for piping, aqd road crossmg to jurisdictional waters fi.e� pipme and rip M 9f 238 linear feet of stream channel exhlbitme important aquatic function and 167 acres of wetlands) The permittee shall implement the preaggation of stream channels and wetlands onsite a� described in plans submitted on Aumat 6.2010 prior to, or concurrently with any Impacts to waters of the_ United States associated with this permit authorization. Declaration of ResMsdons shall be recorded and posted before impacts to mrisdictional waters occur, or by September 30 2010. whichever occurs first. Upon Recordation of Restrictions the applicant shall provide a copy to the U S. Army Corns of Engineeia Thu plan provides for the offsite preservation of a total of 1905 linear feet of perennial stream channel frontage, and 1.67 acres of wetaands No development of any type w01 be allowed m the preservation aM 3 The permdec shall maintain a 200 foot veactated buffer along the northeastern boundary of the Franklin RUB property. as required by SHPO m their letter dated March 3Qj 2010 Corps Regulatory Officvtjon Date 0.8/i3/2010 Expiration Date of Von March 18.2012 tv The Wilmington District is committed to providing the highest level of support to the public To help us ensure we conhnue to do so please complete the Customer Satisfaction Survey located at our website at http&mulutory,usio-s—ur—v&4r--O—W to complete the survey online Page 2 of 2 Determination of Jurisdiction ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331 ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations this determination may be relied upon for a penod not to exceed five years fom the date ofthis notification. ® There are waters ofthe US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this determination may be relied upon for a period not to exceed five years from the date of this notification ❑ The Jurisdictional areas within the above described project area have been identified under a previous action. Please reference ,jurisdictional determuation issued Action ID Basis of Jumdwhonat Determination Established OHWM and the Corps 1487 Wetland Mutation Manual Appeals Information (This information applies only to approved Jurisdietional determinations.) Attached to this verification is an approved junsdictional determination If you are not in agreement with that approved jurisdictional determination you can make an administrative appeal under 33 CFR 331 Enclosed you v►nit find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address District Engineer Wilmington Regulatory Division Attn Jeun Manuele Field Office Chief Raleigh Regulatory Field Office 3331 Heritage Trade Dr suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal under 33 CFR part 3315 and that it has been received by the District Office within 60 days of the date of the NAP Should you decide to submit an RFA form it must be received at the above address by October 13, 2010 **It is not necessary to submit an FA form to the District Office if you do not object to the determination in this correspondence' # Corps Regulatory Official Date 0 1810 181 3ROIIQ Expiration Date 13/2015 SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORMS PROJECT PLANS ETC MUST BE ATTACHED TO THE FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE Copy Furnished Soil and Environmental Consultants Attn Kevin Martin 11010 Raven Ridge Rd Raleigh NC 27614 Page 3 of 2 GRAPHIC SCALE so 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. 'l 30' 20' �e <' `3 © Zone�1 Zoe 2 50' Riparian Buffer (Typ.) 200 - Culvert No. 5 114 LF of Permanent Stream Impact #5 1,320 SF, 0.0303 Ac. 42 LF of Temporary Stream Impact #5 749 SF, 0.0172 Ac. ,—Buffer Impact #5 Rood Zone 1 8,637 S.F. Zone 2 5,003 S.F. 4:J V M Limit of Disturbance (Typ.) 6 \ � �\ \ piCip l 11 fig J Q L i existing Stream (Typ.) 8 \ r ` FRANKILN COUNTY IMPACT MAP MUNICIPAL AIRPORT FRANKLIN COUNTY, NORTH CAROLINA DRAWIN17 SCALt DESIGNED DRAWN R'l Hobbs, Upchurch & Associates P,A 1 N 50 EET TFW P �RAWi��:c�, SET NO, S�Ew � 4;F Engineers, Surveyors & tono Planners W-4 4 5 SOuthern Pines, North Carolina 28387 IssliE UA.TE 07/20/10 .� M 6 AS5,9C N'. \Yf,O[At \!W!lff G- {hyBDC WVdb CIV-2 UNC W-0 er t" 411E UM2007 SCAF ,•.,• •y( Sr VNIIOMVO HDJON'A WOO NIIT4NV8=1 O-*UOW .4 -069 -N .oy - 9196 -Z69 (016) 8 M Z 3SVHd-1HOdH1`d ° L9LBZ ar9ao0 y1xoN 'wuid wW1*9 '119 D�8 �M'9 OOf � O r' slauuoL8f8l ougoioO yPoN sauld rvayjnog NV-1d 311S 11V2AAO lbdIOINf1W A1NnOO N11>INdbd x Id Puo7 ,p =44inS 's/99u16u3 6ugjnsuoq g - d Nl yd `seWpossd V yamyadn `sggOH MR Ol LOb sn-GVOH N01103NNOO cn a` i enH A1NnOO NI'DIN"d s 0 0 0 a� 0 3 � r Z -- 0 V) Z 3 g _ `\_. It • ` "- Ili �r !!! 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