20061154 Ver 3_Approval Letter_20080523

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 23, 2008
DWQ Project # 06-1154, Ver. 3
Wake County
Mr. Johnny Blankenship
ABM Associates, LLC
2204-F Associates Drive
Raleigh, NC 27603
Subject Property: Associates Park II
Mills Branch [030403, 27-43-15-7, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Blankenship:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 60 linear feet of perennial stream and 4,729 square feet of Zone 1 Neuse River
basin protected riparian buffer, and 2,304 square feet of Zone 2 Neuse River basin protected riparian
buffer (1,610 square feet permanent impact, and 694 square feet temporary impact), as described in your
application dated May 8, 2008, and received by the Division of Water Quality (DWQ) on May 9, 2008, to
construct a business park at the site and provide a turn lane to an adjacent business park. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW39 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, 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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX 919-733-,6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
AMM11y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
ABM Associates, LLC
Page 2 of 5
May 23, 2008
.Type of Impact Amount Approved Units Plan Location or Reference
Stream - intermittent 60 linear feet PCN page 4 of 8
Buffers Zone 1 4,729 (square feet PCN page 7 of 8
Buffers Zone 2 2,304 [(square feet) 1,610 square feet
permanent impact, and 694 square feet
temporary impact] PCN page 7 of 8
2. 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 quality
standards, statutes, or rules occur.
3. 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 in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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 of the 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.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orgJdoh/operations/BMP manuaUdownload/BMP_Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting. of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
ABM Associates, LLC
Page 3 of 5
May 23, 2008
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0233 (5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs received by the DWQ on
January 23, 2008. The DWQ believes that if implemented, as per these plans, diffuse flow will
be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the
DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies. At no time shall stormwater.;from the proposed
development be piped directly through the buffer without prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances on all lots
containing these structures including future access for maintenance. The stormwater easements
shall allow for the ability to maintain the structures, perform corrective actions as described
ABM Associates, LLC
Page 4 of 5
above and shall provide protection of the structures from May 23, 2008
owners. potential alternations by future property
Stormwater Management Plan
The Stormwater Management Plan for each lot must be approved
Unit prior to any land disturbance associated with developing t
subject to another state st disturbance
by the th401 e project becomes
program government's a co hat lot. If the project becomes
approved SMp must be submitted to the 401 Ovesight/Express Unit b approval letter and
disturbance associated with developing that lot ma occur. before any land
Protective Fencing Y
The outside buffer, wetland or water boundary and along the co
boundaries approved under this authorization shall be clearl nstruction corridor within these
(or similar high visibility material) for the areas that have been a proved with orange warning fencing
buffer, wetland or water prior to an g
y land disturbing activities; approved to infringe within the
9. Certificate of Completion
Upon completion of all work a
Buffer Rules, and any all work approved within t the applicant Water
certificate of completion to the s401 ubsequent modifications, i bons, res Quality Certification applicable
pis required to return the attached
Division of Water Quality, 1650 p s Review Permitt in
Mai] Service Center, Raleigh, NC, 27699 g Unit 1650Nort h Carolina
Violations of any condition herein set forth may result in revoc '
criminal and/or civil penalties. The authorization to proceed with impacts to waters as depicted in your application anon of this Certification an d may result in
expiration of the 404 or CAMq permitand as authorized by this Cert ifcations shr to conduct
If you do not accept any of the conditions of this Certification
you receive this letter. Y ask for an adjudicato (associated with the app
at
To ask for a hearing judicatory hearing' YOU must act within 60 da s of d the date wetland that
send a written petition, which conforms to
the North Carolina General Statutes to the Chapter 150B of
Office ofAdministra ' y
Raleigh, N.C. 27699-6714. This certification and its condition trve Hearings
hearing. , 6714 Mail Service Center,
s are final and binding unless you ask for a
Any disputes over determinations regarding this Authorization
Certificate impacts) shall be referred in writing to the Director for
(associated with the approved
subject to review as provided in Articles 3 and 4 of G.S. 150Ba decision. The Directors decision i
This letter completes the review of the Division of Water is
Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 5A any questions, please telephone Cyndi Karol y or Ian McMillan at 91917 3N786C 2B •0233. If you have

Sullins
ABM Associates, LLC
Page 5 of 5
May 23, 2008
CHSlijm
Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061154Ver3 Associates Park I I(Wake)40 I _NB R