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Home My WebLink About20140685 Ver 1_Approval Letter_20140818WDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary August 18, 2014 Pepsi Bottling Ventures, LLC Attn: Scott Jamison 441 Park Lake Blvd, Suite 600 Raleigh NC 27612 DWR # 14 -0685 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Pepsi Bottling — 350 Enterprise Park Blvd Expansion Dear Mr Jamison: You have our approval for the impacts listed below for the purpose described in your application dated June 26, 2014, received by the Division of Water Resources (Division) July 2, 2014, with subsequent information on July 24, 2014, July 31, 2014 and August 13, 2014. 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 certifications) or general permit 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 are met. No other impacts are approved, including incidental impacts. Winston -Salem Regional Office Location 585 Waugrtown St Winston Salem, North Carolina 271,07 Phone 336 - 771 -5000 FAX 336- 771 -4630 � Customer SeN ce 1 -817- 623 -6748 Internet httn,,peraIncdenrorg /web /wgtws An Equal Opoerun ty 1, Affirmative Action Employer Pepsi Bottling Ventures LLC D W R# 14 -0685 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 293 (feet) 03040101 Site 1 155 (linear feet) 10 (linear feet) Site 2 138 (linear feet) 12 (linear feet) 404/401 Wetlands Site 1 0.008 (acres) 0 (acres) 2 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 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 (s) /Permit /Authorization and is responsible for complying with all conditions. 3. Mitigation must be provided for the proposed impacts as specified in the table below The Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement Until the EEP receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation requirement* 4. The Permittee shall stake the limits of disturbance at both stream impact sites and conduct a preconstruction meeting with the construction contractor and the Division prior to commencing construction at either impact site. Compensatory Mitigation Required River and Sub -basin Number Stream 293 (feet) 03040101 4. The Permittee shall stake the limits of disturbance at both stream impact sites and conduct a preconstruction meeting with the construction contractor and the Division prior to commencing construction at either impact site. Pepsi Bottling Ventures LLC DWR# 14 -0685 401 APPROVAL Page 3 of 4 5 You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the City of Winston Salem's approval The approved SMP shall be submitted to the DWR Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts 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 the City of Winston Salem If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR Webscape Unit_priorAo th &,'commencement of the modifications. 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 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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 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 via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc) 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 Pepsi Bottling Ventures LLC DWR# 14 -0685 401 APPROVAL Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336 - 771 -4964 or sue homewood@ncdenr.gov if you have any questions or concerns. Sincerely, W Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3890 cc: Mike Brame, Pilot Environmental Inc (via email) Alan Hill, Triad Design Group (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) Kelly Williams, NCEEP (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit A"ki'A" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E Skvarla, III Governor Secretary North Carolina Division of Water Quality 401 Watci Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H 0500, Mr Scott Jamison of Pepsi Bottling Ventures has permission as outlined below to fill or otherwise impact 293 feet of streams to construct the proposed 350 Enterprise Park Blvd Expansion project at the subject property which is located off Enterprise Park Blvd, Winston Salem, in Forsyth County, North Carolina All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT # 2014 -0685 SITE NAME 350 Enterprise Park Boulevard LOCATION Winston Salem, NC COUNTY Forysth BASIN/ SUB BASIN Yadkin (HUC 03040101) As required by 15A NCAC 2H 0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R 0503(b) Impacts Mitigation 293 linear feet of stream 293 linear feet of stream One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands, Stream and Buffer Restoration Fund per NCAC 2R 0503 If you choose this option, please sign this form and mail the form along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of this form PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N C 27699 -1652 (919) 707 -8976 North Carolina Division of Water Resources, Winston -Salem Regional Office Location 585 Waughtown St Winston - Salem, North Carolina 27107 Phone 336- 771 -50001 FAX 336 - 771 -4630 \ Customer Service 1- 877 -623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer ,-One - t North`Carolina AVIN-01Y,