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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