20050949 Ver 2_Approval Letter_20081013

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Mr. John Shallcross, Jr.
Partner's Equity Group
Post Office Box 1524
Smithfield, NC, 27577
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
October 13, 2008
Re: Lots 18 and 19 of Partners Equity Group Commercial Subdivision,
Johnston County
DWQ #2005-0949 Version 2; USACE Action ID. No. SAW-2007-04137
APPROVAL of 401 Water Quality Certification
Dear Mr. Shallcross:
Attached hereto is a copy of Certification No. 3761 issued to Mr. John Shallcross, Jr. of Partner's Equity
Group, dated October 13, 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, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHSIcbk
Attachments: Certificate of Completion
Sincerely,
1 ,4
Co een H. Sullins
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Danny Smith, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Scott Frederick, 1001 Capability Drive, Suite 312, Raleigh, NC, 27606
Jonathan Smith, McKim & Creed, 1730 Varsity Drive, Suite 500, Raleigh, NC, 27606
Bryan Brice, 19 W. Hargett St., Suite 600, Raleigh, NC, 27601
Filename: 20050949V2Partners(Johnston)401
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401 Oversight/Express Review Permitting Unit awrally
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/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Partners Equity Group
Page 2 of 4
October 13, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION 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 21-1, Section .0500 to Mr. John Shallcross, Jr. of Partner's Equity Group to fill
1.53 acres of jurisdictional wetlands in the Neuse River Basin, associated with the construction of Lots 18
and 19 of Partners Equity Group Commercial Subdivision in Johnston County, North Carolina, pursuant to
an application fled on the 215` day of December of 2007, and in additional correspondence received
December 7, 2007, and May 6, May 29, July 16, August 20, September 12, and October 9, 2008.
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
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification 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 Certification:
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
Stream n/a feet n/a
404 Wetlands 1.53 (acres) Corps of Engineers' Public
Notice dated December 21,
2007
Waters n/a acres n/a
Buffers n/a (square ft.) n/a
Sediment and Erosion Control:
2. 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:
Partners Equity Group
Page 3 of 4
October 13, 2008
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 shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. 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;
4. Sediment and erosion control measures should not be placed in wetlands or waters without 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 dis-equilibrium 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.
Continuing; Compliance:
5. Mr. John Shallcross, Jr. and/or Partner's Equity Group shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If 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 to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. John Shallcross, Jr. of Partner's Equity
Group and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. John Shallcross, Jr. of
Partner's Equity Group in writing, 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;
Mitigation:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Partners Equity Group
Page 4 of 4
October 13, 2008
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 Wetland 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 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetland
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream n/a (feet) n/a
Wetlands 3.06 (acres) 03020201
Waters n/a (acres) n/a
Other conditions:
7. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement), final version received October 9, 2008, must be implemented and the
stormwater management facilities shall be constructed and operational before any permanent
building is occupied at the subject site. 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.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. 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 Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 13th day of October, 2008
DIVISION OF WATER QUALITY
?Qit. t
A __1 Coleen H. Sullins
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O?O? W A T ?qQG
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 2H.0500, Mr. John Shallcross, Jr. of Partner's Equity Group has permission as
outlined below to impact 1.53 acres of jurisdictional non-riparian wetlands associated with the development of
Lots 18 and 19 of Partners Equity Group Commercial Subdivision in Johnston 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
DWQ PROJECT #: 2005-0949 Version 2
LOCATION: Lots 18 and 19 of Partners Equity Group Commercial Subdivision
COUNTY Johnston
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 mitigable 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
1.53 Acres of jurisdictional non-riparian
wetland 2.06 Acres of jurisdictional non-riparian wetland
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: 20050949 V2Partners(Johnston)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.newaterquality.org
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper