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HomeMy WebLinkAbout20051071 Ver 1_More Info Received_20050706ROBERT M. CHILES, P.E. 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 Certified Mail Receipt No. ENGINEERS, CONSULTANTS a MARINE SURVEYORS June 30, 2005 7004 2510 0000 3103 6499 Mr. John Dorney 401 Oversight and Express Permits Unit 2321 Crabtree Blvd. Raleigh, NC 27604 Re: 404/401 Preconstruction Notification Submission B/S/H/ Logistics Center for H8~M Company, Inc. DWQ # 05-1071 ~G ~o l "°~ti~ ~ ~~s'4TF '~~~~ BUSIN~~J~`'~/,52-637-4702 rO,~'Qn, ' 'S PADC~252-637-3100 (i rmcAngr~cconnect.net 9~ ~~~ ~e ~"~f, Enclosures: (1) Copy, NCDENR Stormwater Permit No.-SW7050524, dated June 15, 2005 (2) Copy, NCDENR Erasion and Sediment Control Letter of Approval with Modifications for ESC Plan No. Crave-2005-06} dated June 1, 2005. Dear Mr. Dorney: This is in response to-your letter of June 27, 2005 regarding the referenced project. You report receiving an application for an Isolated Wetland General Permit to fill 0.45 acres of isolated wetlands, that., you have no record of our application for a express stormwater permit and that our project is on hold as incomplete pending receipt of a modified application. Our submission of June 13,.,2005, received byyour.office June 15, 2005 contained seven (7) copies of the US Army Corps of Engheers and NCDENR, Division of Water Quality joint-use Preconstruction Notification.., (PCN') form ar~d the required supporting information. Referring to page one of the PCN, please find that vve have requested Section 404 and 401 Water Quality Certification, and in Item I(2), requested Nationwide Permit Number 39. Note also that we have not checked the block for "Isolated Wetland Permit from DWQ." As enclosures 6 and 7 of our June 13 submission, we provided copies of the US Army Corps of Engineers Notification of Jurisdictional Determination and the Wetland Delineation Survey for this project site. Both of these are signed by Mr. Scott Jones of the US Army Corps of Engineers. Both the jurisdictional determination and the Corps' statement on the survey indicate that the wetlands we propose to impact at this project site are jurisdictional and subject to the requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Referring to the Jurisdictional Determination form, under the "Jurisdictional Determination" section, the blocks preceding "Approved JD" and the statement "There are `navigable MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE o~ .~ U ~ ~~ ~r of U ~~1 ~9H~s~ ~TFRQ~ O~`f '~l/ ~~RB waters of the United States"' are checked. Note that the block is not checked that 'icy precedes the statement "There are 'isolated, non-navigable, intro-state waters or wetlands"' within the reviewed area." The wetlands are not isolated according to the determination of the US Army Corps of Engineers, and accordingly, we have not requested an Isolated Wetland General Permit as you report. We hand delivered the erosion and sediment control and stormwater express permit packages to the Washington Regional Office of the Division of Water Quality on May 31, 2005. Because the stormwater permit had not yet been issued as of our submission date we did not provide a copy. This project has since been issued NCDENR stormwater Permit SW7050524, and a copy of the permit is provided as enclosure 1 for your information. A copy of the erosion and sediment control plan approval is provided as enclosure 2 for your information also. In view of the above, we request that your office remove`ovrproject from the status of "on hold as incomplete" ;and process the application for the Corps of Engineers 404 Nationwide Permit Number 39 and corresponding North Carolina General 401 Water Quality Certification Number 3402 as submitted.. Should you require additional information or have arty questions, please contact us your convenience. Very truly yours, .ROBERT M. CHILES, P.E. ~ ~~ Michael L. Rice, P.E. cc: w/o enclosures Mr. Alan Klimek, P.E., Director, DWQ, 1617 Mail Service Center, Raleigh, NC 27699-1617 Mr. Chris Carroll, H8~M Company, 50 Security Dr., Jackson, TN 38305 Mr. Tom Steffens, DWQ, Washington Regional Office Mr. Scott Jones, Washington Field Office, US Army Corps of Engineers Mr. Paul Farley, Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402 F ~~'~ TAR ~._. Q ,ys ~, l ~~' ~~ ~y ~r =-! June 15, 2005 ~~~~^ Mr. Chris Carroll, Senior VP !/(J (v"~~~ H&M Company, lac. /V~ 0 50 Security Dnve ~ Jackson, TN 38305 ~r~F"R• ~~OS ~S~O wgTFR Soiaject: Storrnvvater Perrr9it No. S1dV70505+w°q~~ry ~/S/H Home Appliances Logistics Cen~~yy High density Project Craven County Dear Mr. Carroll: Tae ~J~lashingtan Regional Office received a complete Stormwater Management Permit Application for E3/SlH Home Appliances ~ ogistics tenter on iViay 3'i, 2U05. Siaff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A CAC 2H.1000. We are forwarding Permit Flo. SW7050524 dated June 15, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until June 15, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Pallure to establish an adequate system for operation cad maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you 'nave the right to request an adjudicatary hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1505 of the f°lorth Carolina General Statutes; and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, ~9C 2761 1- 7447. finless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott ~rin;son, or me at !,252) 040-648'1. ~lncerely. 1 -.~----- -„ o Regional Supervisor Surface Water Protection Section AHlsav~~: C:\STORMVVATERIPERMIT\SW7050524 cc: /Robert iVl. Chiles, PE Craven County Building Inspections Washington Regional Office Central files ti°i=~hc~~ ~!~~l7~lf!'a -ortlt Carolina Division of ~~'ater Quality ~t'ushington Regional Odic: Phvne l2~sj 9~1Ei-ti-181 I'.~~ (_:-?) `?~6-931 Customer Ser`°ice Irnemet nL2enr sta?e ac's 9a3 ~~'ashin~ on Jquare tiiaif. 1b'ashington, ~C ?889 l_g;7_~~3_o;'-t8 ~4ichael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources :clan W. Klunak P.E. Director Division oFR'aterQuality State stormwater Management Systems Permit No. SW7050524 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO H&M Company, Inc. 8/S/H Home Appliances Logistics Center Craven County FOR THE construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules`~ and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 15, 2015, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described iii Section 1.5 on page 3 of this permit. The stcrm:A~ater control has been designed to handle the runoff from 41.99 acres of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. The built-upon area for the future development is limited to 18.93 acres. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control systems. Page2of7 State stormwater Management Systems ' Permit No. SW7050524 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: BASINS NORTH SOUTH a. Drainage Area, acres: 54.13 29.98 b. Total Impervious Surfaces, ac.: 22.27 19.72 c. Design Storm, inches: 1.0 1.0 d. Pond Depth, feet: 5.0 5.0 e. TSS removal efficiency: 90% 90% f. Permanent Pool Elevation, FMSL: 26.00 26.00 g. Permanent Pool Surface Area, ft2: 67,951 61,565 h. Permitted Storage Volume, ft3: 106,'93 98,019 i. Temporary Storage Elevation, FMSL: 27.50 27.50 j. Controlling Orifice: 2 X 3"Q~ pipe 2 X 3"~ pipe k. Permitted Forebay Volume, ft3: 53,576 44,337 I. Receiving Stream/River Basin: Deep Creek / Neuse m. Stream Index Number: 27-98-2.1 n. Classification of Water Body: "C; Sw, NSW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3, i he permlttee shall at ail titl'Ie5 prOVide ifle OtJerativiii ai iu iT~a+i ~t~•^u~ ~C~: necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of al! slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 3 of 7 State stormwater Management Systems Permit No. SW7050524 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. 1f the stormwater system was used as an Erosion Control device, it must be .restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not I~mited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10, The permittee shall submit final site layout and grading plans for any permitted fiuture areas shown on the approved plans, prior to consi uciio~-~. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. This permit shat! be effective from the date of issuance until June 15, 2015. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 State stormwater Management Systems Permit No. SW7050524 III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. in the event Thai ire raciiiiies r'aii to peg iarrn satisfaCtUl iiy, inciuuiny iilC c~ Caiiurl o nuisance conditions, the Permittee shall take immediate. corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. ;i~~ tr ,.r ~ Perm: 1:%J:.~vd `i~, `.te 5 d:~~ ., ~~~^e, ?005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. K 'mek, ., erector Division of Water Quality By Authority of the Environmental Management Commission Page5of7