20071579 Ver 2_Approval Letter_20080825

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 25, 2008
Mr. Gary Brown
NC Center for Automotive Research, Inc.
P.O. Box 685
Jackson, NC 27845
Coleen H. Sullins, Director
Division of Water Quality
Re: NC Center for Automotive Research, Northampton County
DWQ #20071579; USACE Action ID. No. SAW-2007-03219
Arthur's Creek [030208, 23-28, C]
APPROVAL of 401 Water Quality Certification, and Isolated Wetland General Permit with
Additional Conditions - MODIFICATION
Dear Mr. Brown:
Attached hereto is a copy of Certification No. 3752 issued to Mr. Gary Brown and NC Center for
Automotive Research, Inc., dated August 25, 2008. Also, we have determined that this Isolated Wetland
fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters
(IWGP100000). This Certification replaces the Certification issued to you on July 25, 2008.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-
discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincere
H
CHS/cbk/ijm oleen
Sullins
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
IWGP 100000
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACE
Lauren Witherspoon, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Kim Williams, Land Mangement Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename:071579NC_CenterForAutomotiveResearch(Northampton)401_IC_1W MOD
No One
C arolina
401 Oversight/Express Review Permits Unit NAtttttllarotin
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.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 2 of 2
August 25, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS PERMIT AUTHORIZATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Gary Brown and NC Center for Automotive
Research, Inc., to fill or otherwise permanently impact 2.94 acres of 404/wetlands, temporarily impact
0.157 acres of 404/wetlands, permanently impact 130 linear feet of perennial stream, temporarily impact
147 linear feet of perennial stream, and permanently impact 0.47 acres of Isolated Wetlands, to construct
the proposed automotive research facility at the site, which is located on the south side of Blyth Road, and
the north side of Highway 46, east of I-95, northwest of Garysburg, in Northampton County, North
Carolina, pursuant to an application dated September 14, 2007, and received by the DWQ on September 18,
2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 12th day of October of 2008
(received by DWQ on October 16, 2008), and by additional information received on November 29, 2007,
January 9, 2008, May 28, 2008, July 18, 2008, July 24, 2008, and August 14, 2008. Also, we have
determined that this Isolated Wetland fill (0.47 acres of Isolated Wetland) is covered by the State General
Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This Approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Approval is required. If the property is sold, the new owner must be given a copy of the Approval and
Approval letter and is thereby responsible for complying with all conditions of this Approval. Any new
owner must notify the Division and request the Approval be issued in their name. Should wetland or
stream fill be requested in the future, additional compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change
in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing
and a new application for 401 Certification may be required. For this Approval to be valid, compliance
with the conditions listed below is required.
Conditions of Approval:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Approval are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 3.097 [(acres) permanently impact Application and PN
2.94 acres of 404/wetlands,
temporarily impact 0.157 acres of
404/wetlands]
Isolated Wetland 0.47 (acres) Application and PN
Stream - perennial 277 [(linear feet) permanently impact Application and PN
130 linear feet of perennial stream,
temporarily impact 147 linear feet of
perennial stream]
Mr. Gary Brown and NC Center for Automotive Research, , 3 of Inc -
3
August 25, 2008
Sediment and Erosion Control: in full c 2. Erosion and sediment control practices must be
operation and maintenance olf such specifications
Best
governing the proper design, installation and op
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures fore most recent version si ned, installed
Carolina e project must e operated, and maintained in accordance with of th North
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance
the requirements specified in the most
measures must be such that they equal, or exceed
recent version of the North Carolina Sedimborand row sites and waste pile (spoil) projects,
shall be maintained on all construction sites, roject. including contractor-owned stabilization associated with the
repair of erosionpcontrol measures and
c. Sufficient materials erials required for
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, o construction ac yond, ivities
the footprint of the impacts depicted in the 404/401Pe tuit Application. All erosion including the design, installation, operation, and maintenance
iolations of state water, standardBest
Management Practices, shall be performed so that no v
statutes, or rules occur; wat 4. Sediment and erosion control measures shall not be placed in
devices iithout
wetlands
and erosiona conds
approval from the Division. If placement of sediment
and waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result io d s- above struct f wetlaAlds dimstream ent beds
or banks, adjacent to or upstream and down stream
erosion control devices shall be removedand the natural o? locally delegated program2has released
months of the date that the Division of Land Resources
the project. alon
construc
ion 5. Protective Fencing -The outside buffer, wetland
autho?zarion hall be cgearly markedtw th
corridor within these boundaries approved under this reas orange warning fencing (or similar high visibility o aterial) for the a ng aht h ve been approved to
infringe within the buffer, wetland or water prior any land Continuinz Compliance: construction 6. Mr. Gary Brown and NC Center for Automotia e Research, standards (in?luding any requi ements
activities in a manner consistent with State quality appro riate
resulting from compliance with section 303(d) of the Clean Water A) vision determines th tdsuch standards oplaws
requirements of State law and federal law. If the D use) or th are not being met (including the failure to sustain are necessary to a achieved ure compliancet the
federal law is being violated, or that further conditions
al to include conditions appropriate to assure
Division may reevaluate and modify this App
compliance with such standards and requirements in accordance with 15A NCAC and NC H.050r for
Before modifying the Approval, the Division shall notify Mr. Gary Brown an
Automotive Research, Inc., and the US Army Corps of Engineers, provide public notice in
accordance cordance with 15A NCAC 211.0503 and provide opportunity for public
ehea d ring i Gary Brown
ac
with 15A NCAC 211.0504. Any new or revised conditions shall be provid to Mr.
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 4 of 4
August 25, 2008
and NC Center for Automotive Research, Inc. in writing, and shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Miti ag tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands 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. 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 a
restoration fund. You have 90 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 2.94 (acres) Chowan/03010204; Chowan/03010203
Isolated Wetland 0.94 (acres) Chowan/03010204; Chowan/03010203
8. 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 htt12:1'lh2o.enr.stnte.nc.uslvitIFornas Docuynents.htm.;
Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
10. Certificate of Completion
Upon completion of all work approved within this Approval, and any subsequent modifications,
the applicant is required to return the attached certificate of completion to the 401
Mr. Gary Brown and NC Center for Automotive Resseaarrc , Inc.
August 25, 2008
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
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, and the
authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your
application and as authorized by this Permit, shall expire upon expiration of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
If this Approval is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Approval. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are
made to an original Approval, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Approval. Unless such demands are made,
this Approval shall be final and binding.
This the 2008
OALITY
D ZAW
ullins
oleen H. S
3752
CHS/cbk/ijm
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
in accordance with 15A NCAC 211.0500, Mr. Gary Brown and the NC Center for Automotive Research, have
permission as outlined below to permanently impact 2.94 acres of 404/wetlands, temporarily impact 0.076 acres of
404/wetlands, permanently impact 130 linear feet of perennial stream, temporarily impact 84 linear feet of
perennial stream, and permanently impact 0.47 acres of Isolated Wetlands associated with construction of the NC
Center for Automotive Research, which is located on the south side of Blyth Road, and the north side of Highway
46, east of I-95, northwest of Garysburg, in Northampton 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
NC EEP NAME: NC Center for Automotive Research
DWQ PROJECT #: 20071579
LOCATION: Garysburg
COUNTY Northampton
BASIN/ SUB BASIN Chowan/03010204 and Chowan/03010203
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
2.94 Acres of 404/Wetlands 2.94 Acres of 404/Wetlands
0.47 Acres of Isolated Wetlands 0.94 Acres of isolated Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer 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
[phone]
Filename: 071579NC CenterForAutomotiveResearch(Northampton)401_IC_IW_EEP
One N Carolina
401 Oversight/Express Review Permitting Unit ?"tura??l?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper