20050913 Ver 2_Approval Letter_20050830

O?o? W AT ?9QG
O ii 'C
Brier Creek Corporate Center
C/o AAC Real Estate Services
3800 Arco Corporate Drive
Charlotte, NC 28273
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 31, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP # 05-0913
Wake County
Subject Property: Brier Creek Corporate Center
UT to Little Brier Creek [27-33-4-1, C NSW]
MODIFICATION to Approval of 401 Water Quality Certification and Authorization
Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with
Additional Conditions-EXPRESS REVIEW PROGRAM
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.23 acres of wetlands, 35,721 square feet Zone 1, and
30,056 square feet Zone 2 of protected riparian buffers to construct the infrastructure necessary
to support future commercial development at the above-referenced site, as described within your
application for Modification to the 401 Water Quality Certification and Buffer Authorization
dated August 30, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 3404 (GC3404). The Certification
allows you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers
(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .0233. 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. Finally, 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 and replaces the approval issued on June 16, 2005.
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.
NQ?ttCarolina
401 oversight/ Express Review Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet http://h2o.enr.state.ne.us/ncvvetlands
An Equal opportunity/Affirmative Action Employer - 501% Recycled/10% Post Consumer Paper
Brier Creek Corporate Center
Page 2 of 5
August 31, 2005
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 and Riparian Buffer Authorization are met. No
other impacts are approved including incidental impacts:
Impact Amount nits Reference
Buffer Zone 1 35,721 (ft) Impact Exhibit, Sheet 6, April 13, 2005
Buffer Zone 2 30,056 (ft) Impact Exhibit, Sheet 6, April, 13, 2005
Wetlands 0.233* (acres) Impact Exhibit, Sheet 6, April 13, 2005
* This denotes a reduction of 0.01 acres at Impact Site 5, PCN Form, August 30, 2005.
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 123,498 square
feet as required under this Authorization Certificate and 15A NCAC 2B .0242 (buffer
mitigation rule). We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet
this mitigation requirement. This has been determined by the DWQ to be a suitable method
to meet the mitigation requirement. In accordance with 15A NCAC 213 .0242(7) (buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0233(10) (buffer protection rule). Until the EEP receives and clears
your check (made payable to: DENR - Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the
Riparian Buffer Restoration Fund. You have one month from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 123,498 fe of
required riparian buffer mitigation for impacts to 65,777 ft, of protected riparian
buffers; 03-04-02 subbasin and 27-33-4-1 river."
3. Erosion & Sediment Control Practices
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.
Brier Creek Corporate Center
Page 3 of 5
August 31, 2005
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. Protective Fencing
The outside 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 wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0233.
5. Diffuse Flow (DWQ Reviewed Plans)
All stormwater on this project 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 plunge pool designs dated April 13 and
June 7, 2005. 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 and 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 above and shall provide protection
of the structures from potential alternations by future property owners.
6 Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.ne.uslsu/Forms Documents.htm.
Brier Creek Corporate Center
Page 4 of 5
August 31, 2005
7. 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.
8. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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
proj ect.
9. Water Quality Certification(s)
The proposed project must comply with all the conditions of general Water Quality
Certification (GC) 3404:
10. No Impacts to Zone I
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by DWQ.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in
writing at the letterhead address within 10 days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Brier Creek Corporate Center
Page 5 of 5
August 31, 2005
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly at 919-733-9721 or
Cynthia F. Van Der Wiele at 919-715-3473 in the Central Office in Raleigh.
Sincerely,
Alan W. Klimek, P.E.
AWK/cbk/cvdw l
Enclosures: GC 3404
Certificate of Completion
cc: Kevin Martin, S&EC, 11010 Raven Ridge Rd., Raleigh, NC 27614
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 050913BrierCreekCorpCtr (Wake)EXP+401NBR MOD