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Home My WebLink About20071105 Ver 3_Approval Letter_20130613A a NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary June 13, 2013 DWQ # 07- 11050 Johnston County Son -Lan Classic Development Co., LLC Attn: Lanny Clifton 5160 Hwy 42 West Garner, NC 27529 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION.WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS River Oaks Commercial Park Dear Mr. Clifton: You have our approval for the impacts listed below for the purpose described in your application dated May 10, 2013 and received by the Division of Water Quality (Division) on May 13, 2013. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mad Sennce Center, Raleigh North Carolina 27699 -1650 Phone 919- 807 -6301 1 FAX 919 - 807 -9494 Internet http //portal ncdenr org /web /wgiws An Equal Opportunity 1 Affirmative Action Employer River Oaks Commercial Park DWQ# 07 -11050 401 and Buffer APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.41 (acre) 0 (acre) Stream 140 (feet) 0 (feet) Buffer 9,431 (square feet) 0 (square feet) Zone 1 Buffer 4,454 (square feet) 0 (square feet) Zone 2 2. Diffuse Flow Plan: Submittal of Local Government Approval Required Because the stormwater management plan approved by Johnston County is being used to meet diffuse flow requirements on this project, you are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of Johnston County's approval. The approved SMP shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. The following requirements also apply: • The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the site. • The approved SMP as well as drainage patterns shall be maintained in perpetuity. • The SMP may not be modified without prior written authorization from Johnston County. A copy of the approval letter and the modified SMP shall be submitted to the DWQ Webscape Unit prior to the commencement of the modifications. 3. Stormwater Manaeement Plan (SMP) Approval from Local Communitv for Future Phase(s) Required You are required to provide one copy of the approved SMP for the future phase(s), including plan details on full -sized plan sheets, with proof of Johnston County's approval. The approved SMP shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any land disturbance associated with that phase may occur. The following requirements also apply: • The approved SMP for the future phase(s) shall be constructed and operational before any permanent building or other structure is occupied at the site. • The approved SMP for the future phases(s) as well as drainage patterns shall be maintained in perpetuity. • The SMP may not be modified without prior written authorization from Johnston County. A copy of the approval letter and the modified SMP shall be submitted to the DWQ Webscape Unit prior to the commencement of the modifications. 4. Mitigation We understand that your mitigation plan for the wetlands impact as a result of this project involves on -site preservation of high quality wetlands along Swift Creek. The plan involves River Oaks Commercial Park DWQ# 07- 11050 401 and Buffer APPROVAL Page 3 of 4 encumbering a 165 -foot wide riparian corridor along approximately 3,000 linear feet (or approximately 11.4 acres) of Swift Creek in a permanent conservation easement as specified by the U.S. Army Corps of Engineers. The conservation easement will be recorded no later than one (1) month after all federal, state, and local permits are obtained. 5. 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. 6. 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. 7. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new-owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 8. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested 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 (hereby known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 River Oaks Commercial Park DWQ# 07- 1105v3 401 and Buffer APPROVAL Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g. UPS, FedEx). Karen Higgins NC DENR - DWQ — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. inter ly, anny Smit I , Supervisor Surface Water Protection — Raleigh Regional Office Enclosures: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Jerry Dalton; Dalton Engineering & Associates; P.O. Box 426; Raleigh, NC 27615 DWQ RRO 401 files