20071579 Ver 4_Approval Letter_20090817

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 17, 2009
Mr. Gary Brown
NC Center for Automotive Research, Inc.
P.O. Box 685
Jackson, NC 27845
Dee Freeman
Secretary
Re: NC Center for Automotive Research, Northampton County
DWQ #20071579, Ver. 4; USACE Action ID. No. SAW-2007-03219
Arthur's Creek [030208, 23-28, C]
APPROVAL of 401 Water Quality Certification, and Isolated and Other Non-404 Wetlands and
Waters General Permit with Additional Conditions - MODIFICATION
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 August 17, 2009. Also, we have determined that this Isolated Wetland
fill is covered by the State General Permit for Impacts to Isolated and Other Non-404 Wetlands and
Waters (IWGP100000). This Certification replaces the Certification issued to you on January 15,
2009. 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/cbk/ijm
Sincer y,
Coleen H. Sullins
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
IWGP 100000
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
Kim Williams, Land Mangement Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 071579Ver4NC_CenterForAutomotiveResearch(Northampton)401_IC_IW_MOD
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:l/h2o.enr.state.nc.us/ncwetiands/
NorthCarohna
,Naturally
An Equal Opportunity 1 Affirmative Action Employer
NC Center For Automotive Research, Inc.
Page 2 of 5
August 17, 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 3.208 acres of 404/wetlands, temporarily impact
0.533 acres of 404/wetlands, permanently impact 233 linear feet of perennial stream, temporarily impact 65
linear feet of perennial stream, and permanently impact 0.47 acres of Isolated 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 of I-95, northwest of Garysburg, in Northampton County, North Carolina,
pursuant to an application dated July 7, 2009, and received by the DWQ on July 9, 2009, by Public Notice
issued July 23, 2009, by the USACE, and received by the DWQ on July 28, 2009, and by additional
information received on July 16, 200 and August 12, 2009. Also, we have determined that this Isolated
Wetland fill (0.47 acres of Isolated Wetland) is covered by the State General Permit for Impacts to Isolated
Wetlands and Other Non-404 Wetlands and Waters (IWGP100000).
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 3.208 (acres) permanent impact and PN
404/Wetland 0.533 (acres) temporary impact Application and PN
Isolated Wetland 0.47 (acres) Application and PN
Stream - perennial 233 (linear feet) permanent impact Application and PN
Stream - perennial 65 (linear feet) temporary impact Application and PN
NC Center For Automotive Research, Inc.
Page 3 of 5
August 17, 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 404/401Permit 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 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. 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:
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 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
NC Center For Automotive Research, Inc.
Page 4 of 5
August 17, 2009
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
[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 Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 3.208 (acres) Roanoke/03010107
Isolated Wetland 0.47 (acres) Roanoke/03010107
Stream - perennial 233 (linear feet) Roanoke/03010107
8. 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
http: //h2o. enr. state. nc. us/su/Forms Documents. 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 SNIP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SNIP 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 SNIP falls under another state stormwater program, then a copy of the
approval letter and the modified SNIP 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 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
NC Center For Automotive Research, Inc.
Page 5 of 5
August 17, 2009
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 of IWGP100000
(October 31, 2013) 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 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 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 17th day of A st 2009
DIVI CO
7 F AT QUALITY
Coleen H. Sullins
3752
CHS/cbk/Ym
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 3.208 acres of 404/wetlands, temporarily impact 0.533 acres
of 404/wetlands, permanently impact 233 linear feet of perennial stream, temporarily impact 65 linear feet of
perennial stream, and permanently impact 0.47 acres of Isolated 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 of I-95, northwest of Garysburg, 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 ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: NC Center for Automotive Research
DWQ PROJECT 20071579, Ver. 3
LOCATION: Garysburg
COUNTY Northampton
BASIN/ SUB BASIN Roanoke/03010107
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
3.208 Acres of 404/Wetlands 3.208 Acres of 404/Wetlands
0.47 Acres of Isolated Wetlands 0.47 Acres of Isolated Wetlands
233 Linear Feet of Perennial Stream 233 Linear Feet of Perennial Stream
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: 071579Ver4NC_CenterForAutomotiveResearch(Northampton)401 _IC_fW_MOD_EEP
One
401 Oversight/Express Review Permitting Unit N0QtllrRaro "na
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.ncwaterquality,org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
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 3.208 acres of 404/wetlands, temporarily impact 0.533 acres of 404/wetlands,
permanently impact 233 linear feet of perennial stream, temporarily impact 65 linear feet of perennial stream, and
permanently impact 0.47 acres of Isolated 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 of I-95, northwest of
Garysburg, 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 ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: NC Center for Automotive Research
DWQ PROJECT 20071579, Ver. 4
LOCATION: Garysburg
COUNTY Northampton
BASIN/ SUB BASIN Roanoke/03010107
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
3.208 Acres of 404/Wetlands 3.208 Acres of 404/Wetlands
0.47 Acres of Isolated Wetlands 0.47 Acres of Isolated Wetlands
233 Linear Feet of Perennial Stream 233 Linear Feet of Perennial Stream
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: 071579Ver4NC_CenterForAutomotiveResearch(Northampton)401 _IC_IW_MOD_EEP
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
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An Equal Opportunity 1 Affirmative Action Employer