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Home My WebLink About20071579 Ver 2_Approval Letter_20090115 0" WA TE:;y O~ Oc. ii5 '7 - r > - _ -i o "" Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 15, 2009 Mr. Gary Brown NC Center for Automotive Research, Inc. P.O. Box 685 Jackson, NC 27845 Re: NC Center for Automotive Research, Northampton County DWQ #20071579; USACE Action ill. No. SA W-2007-03219 Arthur's Creek [030208, 23-28, C] APPROVAL of 401 Water Quality Certification, and Isolated Wetland General Permit with Additional Conditions - MODIFICATION - REVISED 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 January 15,2009. Also, we have determined that this Isolated Wetland fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). This Certification replaces the Certification issued to you Qn August 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. CHS/cbklijm Sincerely, #: H. Sullins Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements IWGPI00000 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_IW _MOD_Revised N2~Carolina /Vatufal/II 401 Oversight/Express Review Permits 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/lntemet: htto:/Ih2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Gary Brown and NC Center for Automotive Research, Inc. Page 2 of2 January 15,2009 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 ofIsolated 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 ofI-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 of2008 (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 ofIsolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). 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: Isolated Wetland Stream - perennial Amount A roved Units 3.097 [(acres) pennanently impact 2.94 acres of 404/wetlands, temporarily impact 0.157 acres of 404/wetlands] 0.47 (acres 277 [(linear feet) pennanently impact 130 linear feet of perennial stream, temporarily impact 147 linear feet of perennial stream] Plan Location or Reference Application and PN A lication and PN Application and PN Mr. Gary Brown and NC Center for Automotive Research, Inc. Page 3 of3 January IS, 2009 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: 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. Sufficient materials required for stabilization and/or repair of erosion control measures and 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, or riparian areas beyond the footprint of the impacts depicted in the 404/40 1 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 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, adjacent to or upstream and down stream ofthe 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. 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; Continuing Compliance: 6. Mr. Gary Brown and NC Center for Automotive Research, Inc. 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 Approval to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Approval, the Division shall notify Mr. Gary Brown and NC Center for Automotive Research, Inc., 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. Gary Brown Mr. Gary Brown and NC Center for Automotive Research, Inc. Page 4 of 4 January 15,2009 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; Mitigation: 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 (919) 733-5205 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: River and Sub-basin Number Roanoke/030 1 0 1 07 Roanoke/030 10 1 07 8. Construction Stormwater Permit NCGOIOOOO 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 (NCGO 1 0000) 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 http://h2o.enr.state.nc.us/sulFormsDocuments.htm.; 9. 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 Research, Inc. Page 5 of5 January 15,2009 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 ofIWGPlOOOOO (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 ofthe 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 15th day of 1 /7LO F ~cole~n H. Sullins 3752 CHS/cbk/ijm Beverly Eaves Perdue, Governor Dee Freeman, 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. 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 ofIsolated 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 ofI-95, northwest ofGarysburg, 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 A TT ACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME: DWQ PROJECT #: LOCATION: COUNTY BASIN/ SUB BASIN NC Center for Automotive Research 20071579 Garysburg Northampton Roanoke/030 10 107 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 ofIsolated Wetlands 0.94 Acres ofIsolated 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 (919) 716-1921 Filename: 071579NC_ CenterForAutomotiveResearch(Northampton)40 1_ IC _IW _ EEP _Revised 401 OversightJExpress 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://www.ncwaterquality.org N~{thCarolina /Volural/II An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I 0% Post Consumer Paper