HomeMy WebLinkAbout20050949 Ver 3_Approval Letter_20150320RCDENR
North Carolina Department of Environment and Natural Resources
March 20, 2015
Partner's Equity Group
Attn: Mr. John Shallcross, Jr.
P 0 Box 1524
Smithfield, NC 27577
Donald R. van der Vaart
Secretary
DWR # 05 -0949 V3
Johnston County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions -
Modification
Lots 18 and 19 Partners Equity Group Commercial Subdivision
USACE Action ID. No. SAW- 2007 -04137
Dear Mr. Shallcross:
Attached hereto is a copy of Certification No. 3761 issued to John Shallcross, Jr. and
Partner's Equity Group, dated March 18, 2015. This Certification replaces the Certification
issued on December 20, 2012. This version reflects a change in the project plan that does
not change the impact footprint that was previously approved. Additionally, the wetland
impact area and wetland area to be preserved on -site were revised based on a recent
survey that indicated these area are less than was previously stated and approved. Please
note that you should get any other federal, state or local permits before proceeding with
the subject project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
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)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at tit : www.ricor 2 i..corn 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
DrOs�on of Water Resources 401 & Buffer Permitting Unit
1517 Mad Service Center, Raleigh, North Carolina 27599 -1517
Locatiom 512 N Salisbury St, Raleigh, North Carolina 27504
Phone: 919 -807 -6300 \ FAX: 919 -807 5492
lrtemet: wwuww.rxwaterqualry org
An Equal Opportunity 1 Affirmabve Actft n Employer -- Made in part by recyded rapr;r
Partner's Equity Group
0mR#O5-0949V3
Individual Certification #3761
Page 2 of 7
nmnna| office hours (Monday through Friday between 8:00arn and 5:00nnm, excluding official
state holidays).
The petition may be faxed tothe 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 LS Postal Service: If sending via delivery service (UPS,fcdfx,etc):
Office of Administrative Hearings Office of Administrative Hearings
67l4 Mail Service Center 17lI New Hope Church Road
Raleigh, NC27688-6714 Raleigh, NC27GO9-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1GOl Mail Service Center
Raleigh, NC27699-IOO1
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and l5AN[ACO2H.O5OO. Contact Jennifer Burdeteat8l9-8O7-G3G4or
OrCherriSmith at9l9-791-4251Or cherri.srnitl icderlE.Lo if
you have any questions or concerns.
cc: F. Bryan Brice, Jr, Law Offices of F. Bryan Brice, Jr., 127 W. Hargett St Ste 600.
Raleigh, NC 27601
USACERa|eigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRRRU4OIfile
DVVR4O1 /& Buffer Permitting Unit file
Filename: 050949V3PartnersEquityGrnupSD(Johngon[_401/C_Mod.docx
Partner's Equity Group
DWR# 05-0949 V3
Individual Certification #3761
Page 3 of 7
70
CERTIFICATION #3761 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to John Shallcross, Jr and Partner's Equity Group, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on December 7, 2007 and subsequent information on May 6, May 29, July
16, August 20, September 12, and October 9, 2008; October 30, 2012; November 1 and
December 18, 2012; and January 30, 2015; and by Public Notices issued by the U. S. Army Corps
of Engineers and received by the Division on December 21, 2007 and February 9, 2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
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. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
1.68 (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the proposed wetland impacts (1.68 acres) as described in
the Compensatory Mitigation Plan for Partner's Equity Group — Lots 18/19 Project, dated
November, 2012 and revised January 28, 2015. Impacts are to be offset by 0.447 acre of
on-site wetland (pine flat) preservation, and 30.925 acres of wetland preservation
(headwater and bottomland hardwood forest) at Rudolph Mitigation Site, located off
Brogden Road in Johnston County, located adjacent to Moccasin Creek and with the Neuse
River watershed (HUC 03020201). The offsite mitigation is to be protected in perpetuity by
a Conservation Easement held by the North Carolina Wildlife Habitat Foundation. [15A
NCAC 02B .0506(h)]
Partner's Equity Group
DVVR#OSf]949V3
Individual Certification #3761
Page 4of7
Stormwater Management Plan
The final, written stOnnvvater management plans (including a Signed and notarized
Operation and Maintenance Aere8nment\, final version received October 9, ZOOQ, must be
implemented and the 5tOrnnvvater management facilities shall be constructed and
operational before any permanent building i5 occupied at the subject site. The structural
StOrrnvv@ter practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. NO changes tOthe structural StDrDnvvater practices 5h8U be made
without written authorization from the Division. [15A NCAC 02B. .0506(b)(5)]
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, 0r riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15ANCACO2H.D5Ol and .O5O3]
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |f applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A0[AC03H .0506(b)(3) and /c>(3)l:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version Ofthe North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient nn8teh8|s required for stabilization and/Or repair oferosion control
measures and stormwater routing and treatment shall be on site at all times.
Partner's Equity Group
0NR#O5-09490
Individual Certification #376l
Page Sof7
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. |f placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent toor upstream and downstream of the above structures. All sediment and
erosion control devices shall beremoved and the natural grade restored within two /2\
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15ANCA[02H
.O5O1 and .O5O2]
T Construction Stormwater Permit NCGO10000
An NPDES[onstruotkon Stonmvxater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stornnvvaterto be discharged during land
disturbing construction activities asstipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements isrequired. A copy ofthe general permit
/yJ[GOl000]\, inspection log sheets, and other information may be found at:
. 15ANCACO2H.OSOG(b)(5\and
8. Work in the Dry
All work inor adjacent tostream waters shall be conducted yo that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
N[ACO2H.O5O6/bV3) and (c)i3U
9. U concrete isused during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15AN[ACO2B.0200]
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Partner's Equity Group
DWR#O5-0949V3
Individual Certification #376I
Page 6of7
11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined inthe
most recent edition Of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow orcause di5-equilibrium. [15A NCACQ2H .0506(b)(2\
12. Anyhprap required for proper culvert placement, stream stabilization, Or restoration Of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All ripn8pshall b8 buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement ofriprap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream Or downstream of the area. [15ANCACO2H.0506(b)(2)]
13. Any hprap used for stream stabilization shall beofa size and density tn prevent movement 6v
wave action, current action, or stng3rn flOvvS and consist of clean rock or masonry rnateh3|
free Of debris or toxic pollutants. Riprap shall not be installed in the streonnbed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
14. A one-time application of fertilizer to re-establish vegetation is 8|kJxv8d in disturbed areas
including riparian buffers, but is restricted tono closer than 1O feet from top Vf bank nf
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [I5AN[ACO2B.0231]
15. This Certification does not relieve the applicant Of the responsibility tD obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
JohnShal|croS5 ]r and Partner's Equity Group shall conduct construction activities inJ
manner consistent with State water quality standards /including any requirements resulting
from compliance with section 3O3(d) Ofthe Clean Water Act) and any other appropriate
requirements of State and Federal law. [15ANCACO2B.0200] |f the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify John Shallcross, Jr and Partner's
Equity Group and the U.S. Army Corps of Engineers, provide public notice in accordance with
I5ANCA[O2H.O5O3 and provide opportunity for public hearing in accordance with 25A
N[ACO2H.O5O4. Any new Or revised conditions shall be provided to John Shal|cnJ55,]rand
Partner's Equity Group in writing, shall be provided to the U.S. Army Corps of Engineers for
reference in any Permit issued pursuant tO Section 4O4ofthe Clean Water Act, and shall also
become conditions of the 4O4 Permit for the project.
Partner's Equity Group
0NR#U5-0949V3
Individual Certification #3761
Page 7of7
17. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project aneincorpora1ed by reference
and are an enforceable part of the Certification. |f you change your project, younnustnotif»
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [25ANCACO2H.O5UIand
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DVVR4O1& Buffer Permitting Unit within ten days of project cmrnp|etion
/av3ilable3t: ).
19. This certification grants permission to the director, an authorized representative of the
Director, orDENRstaff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15ANCACO2H.0502(e)l
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15/\N[ACO2H .0507(d)(2) and 15ANCA[
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.