20081794 Ver 1_Approval Letter_20090211

North
Beverly Eaves Perdue
Governor
AfflVA
NCDENR
Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 11, 2009
Mr. Stephen T. Shields
Shields Land, LLC
808 Bluffcreek Drive
Fuquay-Varina, NC 27526
Subject Property: Apex Express Oil Change
UT to Middle Creek [030402, 27-43-15-(1), C, NSW]
Dee Freeman
Secretary
DWQ Project # 2008-1794
Wake County
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions
Dear Mr. Shields:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1,205 square feet of Zone 1 Neuse River basin protected riparian buffers and
947 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your application
dated December 5, 2008, and received by the Division of Water Quality (DWQ) on December 5, 2008,
with additional information received by DWQ on January 6, 2009, to construct the proposed oil change
facility at the site. This authorization certification 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 authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to follow the
conditions listed below.
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, Non-
discharge regulations.
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:
Type of Impact Amount Approved Units Plan Location or Reference
Buffers Zone 1 1,205 (square feet) PCN page 7 of 9
Buffers Zone 2 947 (square feet) PCN page 7 of 9
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc,us/ncwetlands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Shields Land, LLC
Page 2 of 3
February 11, 2009
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. 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. 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.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
apprpval 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 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. 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 level spreader designs dated November 3, 2008.
The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved.
However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be
notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. 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 including
future access for maintenance. The stormwater easements shall allow for the ability to maintain
Shields Land, LLC
Page 3 of 3
February 11, 2009
the structures, perform corrective actions as described above and shall provide protection of the
structures from potential alternations by future property owners.
6. 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;
7. 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.
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 adjudicatory 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.
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 Cyndi Karoly or Amy Chapman at 919-733-1786.
Sincerely,
,?4- 94.6 ?1L,?,`
Coleen H. Sullins
CHSAmg/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Nicole Thomson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 081794ApexExpressOi I Exchange(W ake)NB R