HomeMy WebLinkAbout20100063 Ver 2_Approval Letter_20120427NC ®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld PE Dee Freeman
Governor Director
Secretary
April 27 2012
DWQ Project # 10 0063 v 2
Franklin County
Mr Ronnie Goswick
Franklin County Economic Development Commission
112 D Wheaton Drive
Youngsville NC 27596
Subject Property Franklin County HUB Site
UT to Cedar Creek [030301 28 29 (1) C NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Tar Pamlico Buffer
Protection Rules (15A NCAC 2B 0259) with Additional Conditions
Dear Mr Goswick
You have our approval in accordance with the attached conditions and those listed below to place fill within or
otherwise impact 0 167 acre of 404 /wetland 238 linear feet of perennial stream channel 120 linear feet of
intermittent stream 24 756 square feet of Zone 1 Tar River basin protected riparian buffer and 15 152 square feet
of Zone 2 Tar River basin protected riparian buffer as described within your application dated April 5 2012 and
received by the N C Division of Water Quality (DWQ) on April 9 2012 After reviewing your application we
have decided that the 401 impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890)
The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USACE) This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 0259 This Certification replaces the Certification issued on
August 30, 2010 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
One
NhCarolina
.11 a4mally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (9 19) 791 4200 Customer Service
Internet www ncwaterquality org 1628 Mail Service Center 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
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 -
T e of Im act
Amount A roved Units
Plan Location or Reference
404 /Wetland
0 167 (acre)
DWQ A roval Au ust 30 2010
Intermittent Stream
120 (linear feet)
DWQ A roval Au ust 30 2010
Perennial Stream
238 (linear feet)
DWQ A roval Au ust 30 2010
Buffer Zones 1
24 756 (square feet
PCN page 6 of 14
Buffer Zones 2
15 152 (square feet)
PCN page 6 of 14
2 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
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 project
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
4 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
Page 3
5 Diffuse flow
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) or if this is not possible it is necessary to provide stormwater facilities that are considered to
remove nitrogen
in an effort to comply with the diffuse flow provision of the Buffer Rules (15A NCAC 02B 0259(5))
you provided DWQ with level spreader (or biorentention) designs dates July 20 2010 and received by
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
directly through the buffer without prior written authorization
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 stormwater practices shall be made without written
authorization from the Division of Water Quality 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 These 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
I
After each lot is developed no stormwater from the lot may be conveyed to the currently proposed 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
6 Compensatory Mitigation Using Ecosystem Enhancement Program (EEP) and Onsite 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 the proposed perennial stream impacts and
wish to make a payment to the Wetlands Restoration Fund administered by the Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement This has been determined by DWQ to be a suitable
method to meet the mitigation requirement Until EEP receives and clears your check impacts specified
in this Authorization Certificate shall not 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 1 900 linear feet of important/perennial stream and land as shown on the Sketch Map —
Mitigation Site (HUB) map dated July 22 2010 and received by the DWQ on August 6 2010 to
mitigate for the proposed impacts to 120 linear feet of intermittent stream This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement for the proposed impacts to
intermittent stream You have 60 days from the date of this approval to make this payment For
accounting purposes, this Authorization Certificate authorizes payment into the Wetland
Restoration Fund to meet the following compensatory mih ation re u>Irement
Type of Impact Com ensator Miti ahon Re uired River and Sub basin Number
Stream perennial 238 (linear feet) Tar Pamlico /03020101
Stream — intermittent 120 (linear feet) Tar Pamlico /03020101
Page 4
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 15 NCAC 2H Section
0500
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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 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 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 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 (919) 431 3000 Facsimile (919) 431 3100
A copy of the petition must also be served on DENR as follows
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 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Tar River basin riparian buffer protection rule as described within 15A NCAC 213 0259 If you have any
questions please telephone Lauren Witherspoon in the Raleigh Regional Office at 919 791 4251
race ly
Danny Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures GC3890
Certificate of Completion
cc DLR Regional Office
USACE Raleigh Regulatory Field Office
WeBSCaPe File Copy — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S &EC 11010 Raven Ridge Road Raleigh NC 27614
Filename 10 0063 v 2_Franklm County HUB Srte_401_TPBR_Approval