20100063 Ver 2_Approval Letter_20120522

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
May 22, 2012
DWQ Project # 10 -0063 v.2 - Revised
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
April 27, 2012. 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.
NorthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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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:
Type of Impact
Amount Approved Units
Plan Location or Reference
404 /Wetland
0.167 (acre)
DWQ Approval August 30, 2010
Intermittent Stream
120 (linear feet)
DWQ Approval.August 30, 2010
Perennial Stream
238 (linear feet)
DWQ Approval August 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.
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.
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;

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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.
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 mitigation requirement:
T e of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream - perennial
238 (linear feet)
Tar - Pamlico /03020101

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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:OOam and
5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
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.

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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.
3Sincy,
Danny Smith
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—Revised—Franklin County HUB Site_401_TPBR_Approval