HomeMy WebLinkAbout19951094 Ver 2_Approval Letter_20081120O?O? W A T ?9pG
r
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
November 20, 2008
DWQ EXP No. 95-1094v2
Wilson County
Wilson Economic Development Council
Attn: Ms. Jennifer J. Lantz
P.O. Box 728
Wilson, NC 27893
Subject Property: Wilson Corporate Park, Phase III
UT to Shepard Branch [030407, 27-86-5.7, WS-N, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Ms. Lantz:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0 acres of wetlands, 170 linear feet of intermittent stream, 6,600 ft2 of Zone 1
and 4,000 ftZ of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed road
and utility line, as described within your Pre-construction Notification Application dated November 19,
2008 and received by DWQ on November 20, 2008. The impacts are covered by: General Water Quality
Certification Number(s) 3704 (GC3704) and 3699 (GC3699). General Certification 3704 allows you to
use Nationwide Permit NW 14 and General Certification 3699 allows you to use Nationwide Permit
NW 12 when issued by the US Army Corps of Engineers (USACE). 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. 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.
This approval is for the purpose and design that you described in your PCN application (November 19,
2008). If you change your project, you must notify us and you may be required to send us a new
application. If the property (or a lot on 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 Water Quality Certification(s) (GC3704
and GC3699) 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: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o en r. state.nc.us/ncwetlands
None hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Wilson Economic Development Council
DWQ EXP# 95-10942
Page 2 of 5
November 20, 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 (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Impact Type Amount Approved nits Plan Location or Reference
Wetland 0 (acres) November 19, 2008 PCN page 4
Stream (intermittent) temporary 70 (linear feet) November 19, 2008 PCN page 4
Stream intermittent 100 linear feet November 19, 2008 PCN page 4
Riparian buffer (Zone 1) 6,600 (square feet) November 19, 2008 PCN page 7
Riparian buffer Zone 2 4,000 (square feet November 19, 2008 PCN page 7
2. 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 and authorized by this
approval letter. 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.
3. 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. 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. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Construction Stormwater Permit NCGO 10000
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 ht4p://h2o. enr. state. nc. us/su/Forms Documents. htm.
5. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from 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,
Wilson Economic Development Council
DWQ EXP# 95-10942
Page 3 of 5
November 20, 2008
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.
6. Diffuse Flow
All stormwater 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 grassed conveyances that discharge into two existing
ditches on the site. The DWQ believes that if implemented, as per the plans submitted on
November 20, 2008, this condition will be met. However, if the grassed conveyances or the
existing ditches begin to degrade, then the DWQ shall be notified and corrective actions to restore
diffuse flow shall be taken. 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 to ensure
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.
Additionally, the proposed road right of way depicted on the site plans received by DWQ on
November 20, 2008 must be permanently protected, allowing no additional impervious surface
area than that depicted on the revised site plan dated November 19, 2008.
Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(httl2://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
Wilson Economic Development Council
DWQ EXP# 95-10942
Page 4 of 5
November 20, 2008
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
8. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
9. 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.
10. Protective Fencing
The outside buffer, 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
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233 and GC 3704.
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian
buffer impact. These mechanisms shall be put in place prior to impacting any wetlands and/or
waters approved for impact under this Certification Approval.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification.
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 or CAMA 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 ad judicatory 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.
Wilson Economic Development Council
DWQ EXP# 95-1094v2
Page 5 of 5
November 20, 2008
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
CHSIcbk/lmg
Enclosures: Certificate of Completion
GC 3704
GC 3 699
Sincerely,
Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Mrs. Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Mr. E. Leo Green, III, Green Engineering, PLLC, P.O. Box 609 Wilson, NC 27893
File: 951094v2 W ilsonCorporateParkPh3 (Wilson)EXP+401+NBR.doc