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HomeMy WebLinkAbout20140975 Ver 1_Approval Letter_20140922Ate* NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 22, 2014 MLC Automotive, LLC Attn: Linda Leith 5601 Capital Blvd. Raleigh, NC 276x16 John E. Skvarla, III Secretary DW.R # 14 -0975 Wake County 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 American Airlines = Leith Auto Connector Road Dear Ms. Leith: You have our approval for the impacts listed below for the purpose described in your'application dated September 11, 2014 and received by'the Division of Water Resources (Division) on September 12, 2014. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is,associated with the use of Nationwide' Permit Number 14 once ,it is issued to you by the U.S. Army Corps of'Engineers. Please note that you shoul&get any other federal, state or Jocal 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. Thi&approval requires you to4cillow 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. Noe Carol Natural North Carolina Division of Water Resources 1628 Mail Service Center 'Raleigh; NC'27699 -1628 Plione (919) 79,1 -4200 Customer Service, Internet, www ncwaterquahty org Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748 An Equal OpportunitylAffirrnabve Acton Employer — 50% Recycled/10% Post Consumer Paper American Airlines — Leith,Auto,,Connector Road D\A R# 14 -0975 401AAND BUFFER,APPROVAL Page 2 of 4' Type,of'Impact, Amount Approved (units) Permanent Amount Approved (units) Temporary' Stream 14 2 (linear feet) 6 (linear feet) Buffers — Zone 1 3,298 (squarefeet) 0 (square_feet) Buffers — Zone,2 2,859 (squar`efeet) 0 ('square,feet) '2. 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. 3. Mitigation _You have.agfeed'to; provide.strearn mitigation by payment into EBX's Neu- Con,'We,tl'and and Stream Mitigation Bank or, Forrest Creek Stream, Mitigation Bank. A total of 84 linear feet of stream mitigation, is required for`impacting 42 li'nearlfeet of stream as a result of this project., Until EBX receiyes,and,cleais,your check, impactstspecified inrthis 401,Water Quality Certification shall not occur. You'have 60 days from,t'he date of this approval to make thit payment. Payment, into EBX will be made to `meet the .following compensatory,mitigation requirement: Mitigation Provider 'Type of Impact Compensatory Mitigation, River and Sub- basin Number EBX Stream" 84 ,(linear feet), Neuse /03020201 4. No Waste, - Spoil, Solids, 'or Fill of Any Kind No waste; spoil, solids, or fill of any,kind shall occur in wetland's, waters, or riparian areas. �beyond'the footprint ofthe impacts depicted in the Pre - Construction Notification. All construction activities,.including °the design, fnstallation, op°erati'on,,and,mainteriance of sediment and erosion control Best Management,,Practices,�shall beiperformed,so that no violations,of state water quality standards,,stafutes, or rules occur. 5: Protective Fencing,- The outside buffer, wetland or Water °boundary and'along,the construction' cotridorWithirn these boundaries approved under this authorization shall be clearly marked with orange warn ing fencing, (or,similar high visibility material) for the, areas that�have been, approved'to ,infringe within',the buffer„ wetland or Water.priorlo. any land disturb'ing�acti'vities•tc ensure compliance With 15 "NCAC-'02H .0500. American,Airlines = Leith Auto Connector Road' 'DWR# 14 -0975 °401 AND BUFFER'APPR'OVAL . .Page,3 -of 4 6: This approval is for,the pur,pose,and, design described in your application: Th,e plans,and specifications for this.project'are,intorporated by reference as part of the, Certification and Buffer,Authorization,. If you change, your project, you must notify the Division -and you maybe required'to submita new application package with 0h6 appropriatefee, If'th,e pro pe`rtyis sold, the new owner must be given 'a, copy of this approval; If sending by First-Cldss Maih via the US Postal,5ervice: Karen',Higgins NC DENR -DWR — Webscape Unit 1617 Mail Service, Center Raleigh, NC 27699 -1617 American '- Airlines — Leith Auto Connector Road DWR# 14 =0975 401 AND BUFFER,APPROVAL- Page 4 of 4 If sending via delivery service (e.0. UPS, Fed Ex) ka�en. Higgins NCDENR- D,WR °— `Webscape Unit 512 N: Salisbury Street. Raleigh, NC 27604 This- letter completes the�revibw ,'of the Division under section 401 ofthe'Clean Water Act,and the 'Neese Riparian Buffer Rules as described in 15A NCACD2B,.0233 . Please contact Cherr°i Smith:at 919 - 7914251 or cherri.smith @ncdenr:goy if you have ;any questions"or concerns. Si' ere , - - Danny, Smith, Supervisor, Water Quality Regional Operations Section Enclosure: GC 3886' cc: U:S. Army Corps of Engineers; Raleigh Regulatory Field Office; -3331 Heritage Trade Drive, St. 105;,Wake Forest,, NC 27597 Troytea`sley;'Withers &Ravenel; 1410 Common,wea`lth Dr:, Ste. 101,--, Wilmington, NC 28403, Frank Baird; MacGregor American,, LLC; 1255 Crescent,Green,'Ste,. 3Q0; C'ary,'NC 27518 DWR RRO 401 Files t