20080638 Ver 2_Approval Letter_20080923

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
September 23, 2008
Marjan, Ltd
Attn: Mr. Victor Bell, III
PO Box 17274
Raleigh, NC 27619-7274
Subject Property: Hammond Road Industrial Park, Raleigh, NC
UT to Wildcat Branch [030402, 27-34-7, C, NSW]
DWQ Project # 2008-0638v2
Wake County
APPROVAL of 401 Water Quality Certification, Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) and Approval of Isolated Wetlands Permit, with
Additional Conditions
Dear Mr. Bell:
You have our approval, in accordance with the attached. conditions, to place permanent fill in
0.16 acre of jurisdictional wetlands, 295 linear feet of perennial jurisdictional streams, 0.0846
acre of isolated wetlands (previously filled), 27,822 square feet of Zone 1 protected riparian
buffers and 13,116 square feet of Zone 2 protected riparian buffers in order to construct the
proposed road widening of Hammond road, installation of an access road, and for the stream
restoration at the subject site as described in your application dated September 10, 2008, and
received by the Division of Water Quality (DWQ) on September 10, 2008. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USACE). Also, we have determined that this
fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters
(IWGP100000). In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. Also, this 401 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 Permit. The Isolated Wetlands Permit will expire
upon the expiration date of IWGP100000 (October 30, 2008) or unless otherwise rescinded
by the Director of DWQ.
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 Permit 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 Permit and any additional conditions listed below.
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 [phone] / Internet: http:/ih2o,enr.state,ne.us/ncwet]ands
N e hCarolina
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Marj an, Ltd
Page 2 of 4
September 23, 2008
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:
Amount Approved (Units) Plan Location or Reference
Perennial Stream 295 linear feet (277 if for
stream restoration, 181f for
road widening Page 5 of PCN
404/CAMA Wetlands 0.16 (acres) Page 5 of PCN
Isolated Wetlands 0.0846 (acres) Page 6 of PCN
Zone 1 Buffers 27,822 (square ft.) Page 9 of PCN
Zone 2 Buffers 13,116 Page 9 of PCN
2. 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.
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.
3. 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.
Marian, Ltd
Page 3 of 4
September 23, 2008
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in disequilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project.
5. 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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
6. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers for the parallel
portion of the road widening of Hammond Road. The required area of mitigation to
compensate for 1,553 square feet of impacts to Zone Iof the protected riparian buffers is
4,659 square feet as required under this certification and authorization and 15A NCAC
2B .0233. 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 2B.0233,
this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2B.0233(9)(C). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance
authorization shall occur. Ms. Kelly Williams should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes,
this certification and authorization authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 4,659 ft2 of required riparian buffer mitigation
for impacts to 1,553 ft2 of protected riparian buffers; 03020201 river and subbasin.
Violations of any condition herein set forth may result in revocation of this Permit 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
Permit, shall expire upon expiration of IWGP100000 (October 30, 2008) or unless otherwise
rescinded by the Director of the DWQ.
If you do not accept any of the conditions of this Permit (associated with the approved wetland
or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the
Marj an, Ltd
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September 23, 2008
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 Permit and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Clean Water Act, the
Neuse Buffer Rule and Isolated Wetlands Rules as described within 15 NCAC 2H, Section
0.1300. If you have any questions, please telephone Amy Chapman or Cyndi Karoly in the
Central Office in Raleigh at 919-733-1786.
CHS/ijm/ase
Enclosures: GC3704
NCEEP Letter
IWGP 100000
Certificate of Completion
cc: Sean Clark, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
Jamie Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Filename: 08063 8v2HammondRoadlndustrial Park(W ake)401 _I W_NBR
W A 'IF
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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 and Buffer Authorization
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the City of Greensboro has permission as outlined below to impact 0.16
acre of jurisdictional wetlands, 0.0846 acres of previously filled isolated wetlands, 295 linear feet of perennial
streams, 27,822 square feet of Zone 1 buffers and 13,116 square feet of Zone 2 buffers associated with the stream
restoration, road widening and access road at the Hammond Road Industrial Park in Raleigh, NC in Wake County.
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
EEP PROJECT NAME: Hammond Road Industrial Park
DWQ PROJECT #: 2008-0638v2
LOCATION: Intersection of Hammond Rd and I-40, Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse, 03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands and surface
waters 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
1,553
square feet of Zone 1 buffers 4,659 square feet of buffers
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: 080338v2HammondRoadlndustrialPark(Wake)401 _NBR_EEP
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 [phone]
Internet: http://www.ncwaterquality.org
NorthCarolina
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