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Home My WebLink About20120627 Ver 1_Approval Letter_20120725Beverly Eaves Perdue Governor A W NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild PE Director July 25 2012 South Wesleyan Associates LLC Attn Jack Medlin 1009 N Church Street Rocky Mount NC 27804 Subject Property Family Dollar Relocation — 685 C Wesleyan Blvd Tar River [030302 28 (66 5) WS IV CA NSW] Dee Freeman Secretary DWQ Project # 12 0627 Nash County Tar River Buffer Rule (15A NCAC 02B 0259) Authorization Certificate with additional conditions Dear Mr Medlin You have our authorization in accordance with 15A NCAC 02B 0259 and any conditions listed below to impact approximately 1 349 ft2 of Zone 1 (permanent impacts) and 316 ft2 of Zone 2 (permanent impacts) of the protected riparian buffers for a road crossing as described within your application dated June 20 2012 and received by the Division of Water Quality (DWQ) on June 22 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 regulations This authorization certification 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 authorization letter and is thereby responsible for complying with all conditions This authorization requires you to follow the conditions listed below 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 incidental impacts North Carolina Division of Water Quality Internet www ncwaterquality org NorthCarolina Naturally Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service 1628 Mad 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 Amount Approved (Units) Plan Location or Reference Zone 1 Buffers 1 349 (square ft) permanent impacts PCN page 5 of 10 Zone 2 Buffers 316 (square ft permanent impacts PCN page 5 of 10 North Carolina Division of Water Quality Internet www ncwaterquality org NorthCarolina Naturally Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service 1628 Mad 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 2 Erosion & Sediment Control Practices 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 For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 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 4 No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by 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 Diffuse Flow Plan Approval 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 6 Certificate of Completion Upon completion of all work approved within this authorization and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision V f - Page 3 You can contest the Director s decision as provided to Articles 3 and 4 of G S 150B To contest the Director s decision 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 to 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 fled 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) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 This Authorization shall expire five (5) years from the date of this letter This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0259 If you have any questions please call Lauren Witherspoon at (919) 791 4251 This letter does not authorize any impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to waters in 'this protect �Stncer ly Danny Smjy Surface Vj/ater Protection Section Supervisor Raleigh Regional Office Enclosures Certificate of Completion cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Brent Niemann — Joyner Keeny PO Box 7533 Rocky Mount NC 27804 G Barnes Boykin — Eastern Pride Inc 2405 West Nash Street Suite F Wilson NC 27896 Filename 12 0627—Family Dollar Relocation_TPBR_Approval