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Home My WebLink About20120280 Ver 1_Approval Letter_20120606MCDENR a-A.MA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Chuck Wakild P E Governor Director I.-e 1 a.O 2 Mr Bobby Branch BA Properties LLC 402 Forestwood Park Road Sanford NC 27330 Re Marketplace At Tramway Lee County DWQ #2012028U USAC,E Action I1) No SAW 2011 013 75 Ut to Mulatto Branch [030613 18 20 3 1 C] APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Branch Dee Freeman Secretary Attached hereto is a copy of Certification No 3926 issued to Mr Bobby Branch and BA Properties LLC dated June 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 Sincerel arles Wakild P E CW /kah/ym Attachments Certificate of Completion cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303 USACE Raleigh Regulatory Field Office Lauren Witherspoon DWQ Raleigh Regional Office DLR Raleigh Regional Office Jennifer Burdette Burdette Land Consulting 10212 Creedmoor Road Raleigh NC 27615 File Copy Filename 20120280MarketplaceAtTramway (Lee)401_IC 11 flantls Buff r to i d n c ni 1 1 P nt i P rmit n Unit ( r i FOIla S t i(P(' it P I 7 a 0 non 9 r r X01 1 Fr, 1 RO I +rntnt /1 tF ircr Eau 101 Put m y Alit mti t y t Mr Bobby Branch and BA Properties LLC Page 2 of 5 ,tune 11 2012 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 9.) 21 '' of re 1✓n ted State and t b,ec to the No~t�, Caro' na Divi o-i o' "k a c- Q ahtv'DWQ) Regulations in 15 NCAC, 2H Section 0500 to Mr Bobby Branch and BA Properties LLC who have permission to fill or otherwise impact 2 17 acres of 404 /wetland to constrict a retail shopping/cervice center located near Tramway southeast of Sanford in Lee County North Carolina pursuant to an application dated March 14 2012 and received by the DWQ on March 15 2012 with additional information received on June 4 2012 and by Public Notice issued by the USACE on March 23 2012 and received by the DWQ on March 12 2012 The application and supporting documentation prov,des adequate assi.rapee that the proposed work «il! 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 or PL 92 500 and PL 9.) 217 if conductea in accordance with the application the supporting documentation and conditions hereinafter set forth This approval is 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 DWQ 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 to wetlands streams and/or buffers are approved including incidental impacts T e of Wetland I Amount Approved nits Plan Location or Reference 404 /Wetlands — riparian 2 17 (acres) I Application and Public Notice 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 M Bobby Branch and BA Propertie LLC Page 4 of 5 June 11 2012 accounting purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the following compensatory mitigation requirement i Lpe x wet anu ; 0— perisatorj Mitigatior Peam -ed ) River and Ssb bash Nir fiber_ � L 404/ wetland 2 17 (acres) — non riparian 1 Cape Fear/us0 -iuOus 8 Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program an NPDES General stormwater permit (NCGOI0000) administered by DWQ is automatically 1--sued to the project This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit If your project is covered by this permit tapplicaole to wnstruction proJec,ts that oisturb one (1) or more acres] fuh c,ornpliance wan permit conditions including the sedimentation control plan self monitoring record keeping and reporting requirements are required A copy of this permit and monitoring report forms may be found at http / /portal ncdenr orgu/c /document hbrar)? 1 getfle?uuad= d15e7ee8 cbSO 443f 9dc 049b001337acdr roupld =38364 Re opener Clause 9 Mr Bobby Branch and BA Properties LLC and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law Mr Bobby Branch and BA Properties LLC shall require its contractors (and /or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification A copy of this Certification shall be included in the construction contract and available on the job site at all times If DWQ 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 DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 02H 0507(d) Before modifying the certification DWQ shall notify Mr Bobby Branch and BA Properties LLC and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 02H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H 0504 Any new or revised conditions shall be provided to Mr Bobby Branch and BA Properties LLC 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 protect 10 Stormwater Management Plan (SMP) Approval by DWQ The SMP approved by this office consists of one wet detention pond designed for 90% TSS removal and one level spreader and all associated stormwater conveyances detention structure and the grading and drainage patterns depicted on plan sheets dated February 20 2012 No changes to the wet detention pond or the level spreader shall be made without written authorization from the DWQ The stormwater devices shall have maintenance access and at least a 10 foot drainage easement on each side to allow for the ability to maintain the structures and to perform corrective actions The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners Mr Bobbv Branch and BA Properties LLC Page 3 of 5 I . -ie 1, 2012 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 atormovater -outing ar d treatment snail oc O i site at all tunes No waste spoil solids or fill of anv 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 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 Continuing Compliance 6 Mr Bobby Branch and BA Properties LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) 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 such standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the Certification the Division shall notify Mr Bobby Branch and BA Properties LLC and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H 0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to Mr Bobby Branch and BA Properties LLC 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 7 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) 716 1921 if you have any questions concerning payment into a restoration fund You have 60 days from the date of this approval to make this payment For Mr Bobby Branch and BA Properties LLC Page 5 of 5 Tkre I1 2012 The approved SMP must be maintained to perpetuity in accordance with bioretention cell operation and maintenance (O & M) agreement signed by Mr Bobby Branch (Property Owner) on May 24 2012 The O & M agreement must transfer with the sale of the property or transfer of G�Jiier�I p 'eaponbIb City fo" tnc B%IP fact itic D %JQ Ir)AbL be roll led p -omp iy vfd e y transfer After the project is completed the owner shall submit a Certificate of Completion Form to the DWQ Webscane Unit at 1650 Mall Service Center Raleigh NC 27699 1650 The Certification of Completion Form may be found at http / /portal ncdenr org/web /,A q /swp /xN s /401 /certsandperm its/ap ply/ forms i > Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Butter 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 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`h day of J ne 20 DIVI N OF A Q ITY 6Charles Wakild P E 3926 CW /kah/ym AiA MCDEMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue I Chu k Wakdd P E Governor I Director Nec1 Caiohi a Di toil A v.Jc 'Yu— t1 401 Water Quality Certification Sarrmaiy of Per n tted Impaiw and Mitigation Re-L ru�reri +s Dee Freeman Secretary In accordance with 15A NCAC 2H 0500 Mr Bobby Branch and BA Properties LLC have permission to fill or otherwise impact 2 17 acres of 404 /wetland to construct a retail shopping/service center located near Tramway southeast of Sanford in Lee 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 CO"dPER S4TOR MITIC VrIONT REQLiRErAE TS ECOS STE"f Ei K V- 4CEMENT PPOGR,%%l i EEP Project Name I Marketplace At Tramway DWQ PROJECT # I 20120280 LOCATION I Tramway COUNTY I Lee BASIN/ SUB BASIN Cape Fear /03030003 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 accordmg to 15 2R 0503(b) Impacts I Mitigation 2 17 Acres of Non Riparian 404 /Wetlands 12 17 Acres of Non lb artan 404 /Wetlands 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 21K 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 tnvoice 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 20120280MarketplaceAtTramway (Lee)401_IC _EEP ^let ana Buffei Stonmimt r Compl a it Pe i i n � I nit 0 JeB CaPP) I in1, (1ad r vi e Ccnf r D ilei01 i i h C-f iin ' i,�;q rime (I 00 iP F C it 00 4 inf inef illp p 1al f c i nrg h n tqua )I p rfun y1 himeh H )I � i