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Home My WebLink About20121015 Ver 1_Approval Letter_20130110WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 10, 2013 Lufkin Leased Fee, LLC Attn: Joseph McSweeney 4904 Waters Edge Drive, Suite 160 Raleigh, NC 27606 DWQ # 12 -1015 Wake County Subject Property: Approval of 401 Water Quality Certification with Additional Conditions Approval of General Isolated and Other Non -404 Jurisdictional Wetlands and Waters Permit with Additional Conditions and Authorization Certificate per the Neuse Riparian Buffer Rules Sheetz at Lufkin and Ten Ten Dear Mr. McSweeney: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 0.16 acres of wetlands, 10 linear feet of stream, 2,995 square feet of Zone 1 Neuse River Basin protected riparian buffer and 1,470 square feet of Zone 2 Neuse River Basin protected riparian buffer, and to place fill within or otherwise temporarily impact 14 linear feet of isolated stream, 102 square feet of Zone 1 Neuse River Basin protected riparian buffer and 4,559 square feet of Zone 2 Neuse River Basin protected riparian buffer, as described within your application received by the N.C. Division of Water Quality (Division) on November 5, 2012 with additional information received on November 6, 2012 and December 20, 2012. The 404 impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890) which allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE), the isolated /other non -404 jurisdictional impacts are covered by the State General Permit for Impacts to Isolated and Other Non -404 Jurisdictional Wetlands and Waters (IWGP100000) and the buffer impacts are covered by this Buffer Authorization Certificate. 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 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. vJetlands, Buffers, Stormwater- Compliance and Permitting (Webscape) U; t One 1650 Mad Service Center, Raleigh North Carolina 27 99 -165,,j NorthCarolina Location 512 N Salisbury St Raleigh, Nonh Carolina 27604 �9 Phone 919 - 107 - 6300'. FAX 919 807 S424 k ('us,o- :i ^-Prat- ' ' Ql -b- - Internet wwvl t %vaterqu,dity oig Sheetz at Lufkin and Ten Ten Page 2 of 4 January 10, 2013 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 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional 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: Type of Impact Amount Approved (Units) Plan Location or Reference Wetlands — permanent 0.16 (acres) PCN pg 5 of 11 Stream — permanent 10 (linear feet) PCN pg 5 of 11 Isolated stream — temporary 14 (linear feet) PCN pg 5 of 11 Zone 1 Buffers — permanent 2,995 (square ft.) PCN pg 6 of 11 Zone 2 Buffers — permanent 1,470 (square ft.) PCN pg 6 of 11 Zone 1 Buffers — temporary 102 (square ft.) PCN pg 6 of 11 Zone 2 Buffers —temporary 4,559 (square ft.) PCN pg 6 of 11 2. 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 02H.0500. 3. Diffuse Flow Plan Approval by the DWQ The diffuse flow plan approved by the DWQ consists of one level spreader and vegetated filter strip and all associated stormwater conveyances, the grading and drainage patterns depicted on plan sheets dated December 20, 2012. No changes to the level spreader - vegetated filter strip shall be made without written authorization from DWQ. The diffuse flow 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. The approved diffuse flow must be maintained in perpetuity in accordance with the LS -VFS operation and maintenance (0 & M) agreement(s) signed by Joseph McSweeney (Manager) sheetz at Lufkin and Ten Ten Page 3 of 4 January 10, 2013 on December 18, 2012. The 0 & M agreement(s) must transfer with the sale of the property or transfer of ownership /responsibility for the BMP facilities. DWQ must be notified promptly of every transfer. 4. 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 of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at: http: / /PortaI.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to this project. 5. Certificate of Completion The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /Porta1.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Sheetz at Lufkin and Ten Ten Page 4 of 4 January 10, 2013 Unless such a petition is filed, this Certification shall be final and binding. Sincerely, Karen Higgins, Super is Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3890 and IWGP100000 cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District DWQ RRO 401 files Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403 File Copy Filename: 12101SSheetzatLufkin &TenTen(Wake)_401_I W_NBR.docx