HomeMy WebLinkAbout20131059 Ver 1_Approval Letter_20131009A�
NCDEENR - -�-� --
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 9, 2013
Grifols, Inc.
Attn: Karen Cook
8368 US 70 Business West
Clayton, NC 27520
DWR # 13 -1059
Johnston County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
South Campus Parking Expansion
Dear Ms. Cook:
You have our approval for the impacts listed below for the purpose described in your application dated
September 30, 2013 and received by the Division of Water Resources (Division) on October 3, 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:
1. 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.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0.49 (acres)
0 (acres)
One
NprthCarohna
Natimally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, INC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer-50% Recycled /10% Post Consumer Paper
ti
Gnfols South,Campus Parking Expansion
DWR# 13 -1059
401APPROVAL
Page 2 of 4
2. Stormwater Management,Plan (SMP) Approval from Local Community Required'
You are required to provide one copy of-the approved SMP, includin&plan details on full -sized plan sheets,
with proof of Johnston County's approval. The approved SMP shall'be submitted to the DWR Webscape
Unit (1650 Mail Service Center, Raleigh, NC 27699- 1650) before any impact's authorized in this
certification occur: After it is approved and submitted to the Division,-the SMP may not be modified
without prior Written authorization from Johnston County. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR Webs-cape Unit prior to the
commencement of'the modifications.
3. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities through the
protected stream'buffers such that it will not re- concentrate before discharging into a stream. If this is not
possible, it maybe necessary to provide an engineered IeJel spreader or stormwater facilities to remove
nitrogen and phosphorus prior to discharge. If deemed necessary, these facilities will require additional
approval from the Division of Water Resources.
4. 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- qua lity,standards, statutes, or' rules
occur.
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 to ensure compliance. with 15 NCAC 02H .0500.
6. 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. If you change your project, you
must notify the Diyision,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.
7. This approval and its conditions are final and binding unless contested:
This Certification 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 sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
r Grifols South,Campus Parking Expansion
DWR# 13 -1059
A01APPROVAL
Page 3 of,.4
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 addressfor 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
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 DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 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. Please contact
Cherri Smith at 919 - 791 -4251 or cherri.smith ncdDij, you have any qu Tons o concerns.
• ly,
Danny Smi/,Supervisor
Water Quality Section — Raleigh Regional Office
Enclosure: 3890 -
a
Gr,ifols South Campus,Par,king Expansion
DWR# 13 -1059
401 APPROVAL
Page 4 of 4
cc: U.S.,Army,Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, NC 27597
Daniel Ramsay; O'Brian & Gere; 2610 Wycliff Rd., Ste. 104; Raleigh, NC 27607
RRO DWR Files