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HomeMy WebLinkAbout20211413 Ver 1_Approval Letter_20220311DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1-D527E38E74BF ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 11, 2022 DWR # 20211413 Edgecombe County Edgecombe County Attn: Eric Evans PO BOX 10 Tarboro, NC 27886 (delivered via email to ericevans@edgecombeco.com) Subject: Approval of Isolated Wetlands and Isolated Waters Individual Permit Project Eagle Manufacturing & Warehouse Facility Mr. Evans, Attached hereto is a copy of Permit No. IWP000008 issued to Eric Evans and Edgecombe County, dated March 11, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Permit. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Permit and is responsible for complying with all conditions. [15A NCAC 02H .1304(d)(2)]. This Water Quality Permit does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Permit neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Permit does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Permit shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Permit to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Permit shall expire five (5) years from the date of this letter. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Permit. D_E NORIN CAROLINA of E I,o me4.I Oueu North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1 -D527E38E74BF Edgecombe County DWR# 20211413 Individual Permit #IWP000008 Page 2 of 6 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Permit for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Permit you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Permit in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review 15A NCAC 02H .1300. Please contact me at 919-707-9015 or paul.wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, � DocuSigned�by: J� 024 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Phil May, Carolina Ecosystems (via email) DWR 401 & Buffer Permitting Branch Electronic file £D_E NCRT. CAROLNA Oeparfinenl nt EnuIronmertul Quality Filename: 20211413_Kingsboro Business Park — Project Eagle_IWP_Edgcombe.docx North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1-D527E38E74BF Edgecombe County DWR# 20211413 Individual Permit #IWP000008 Page 3 of 6 NORTH CAROLINA ISOLATED WETLANDS AND ISOLATED WATERS INDIVIDUAL PERMIT PERMIT# IWP000008 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .1300 and 15A NCAC 02B .0200, to Eric Evans and Edgecombe County, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on September 27, 2021 and subsequent information on December 23, 2021 and January 5, 2021, and by Public Notice issued by the Division on February 7, 2022. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .1305(b)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Isolated Wetlands 1: Wetland 2 0.520 (acres) 0 (acres) 2: Wetland 3 0.500 (acres) 0 (acres) 3: Wetland 4 0.050 (acres) 0 (acres) 4: Wetland 5 0.550 (acres) 0 (acres) Total 1.62 (acres) This approval requires you to follow the conditions listed in the permit below. CONDITIONS OF PERMIT [lSA NCAC 02H .1304(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. Compensatory Mitigation Required River and Sub-basin Number Wetland 0.62 (acres) TarPamlico 03020101 * *Mitigation may be satisfied with credits from adjacent HUCs 03020102 or 03020103 if insufficient credits in 03020101 are not available at the time of payment. 2. The plans and specifications for the project are incorporated into the Certificate of Coverage by reference and are an enforceable part of the Permit. Any modifications to the project requires notification to DWR and may require submittal of an application for a modification to DWR with the appropriate fee .. No construction activities that impact any wetlands shall begin until the end user has been confirmed and the Permittee verifies that the plans and specifications of the end user match the plans and specifications incorporated into this approval. Citation: 15A NCAC 02H .1301; 15A NCAC 02H .1302 3. This project is located within the Kingsboro Business Park and is cumulative with DWR Project #20180133 authorized jurisdictional impacts within the Kingsboro Business Park and any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities within the Kingsboro Business Park may be considered North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1 -D527E38E74BF Edgecombe County DWR# 20211413 Individual Permit #IWP000008 Page 4 of 6 cumulative to impacts approved in this Permit or Individual Certification #WQC004167 and may require a modification of this Permit or the 401 Water Quality Certification approval. 4. A stormwater management plan (SMP) shall be approved by Edgecombe County for each phase of the development project. The SMP shall be approved before any impacts authorized in this certification occur. The SMP may not be modified without prior written authorization from Edgecombe County. Before any permanent building or other structure is occupied at the site, the corresponding SMP for that phase shall be constructed and operational. [15A NCAC 02H .0506(b)(5)] 5. The permittee shall report to the appropriate DWR Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) established in a Certificate of Coverage for use of this Permit. Citation: 15A NCAC 02H .1305; 15A NCAC 02H .1304(c) 7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Permit. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 £D_E NJfT- CAROL NA North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 oepannmem of S1uIr nrnamai Quality DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1 -D527E38E74BF Edgecombe County DWR# 20211413 Individual Permit #IWP000008 Page 5 of 6 12. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers,) or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 04B .0125 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0231; 15A NCAC 02B .0211 14. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B.0200 15. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c); 15A NCAC 02B .0231 16. In accordance with G. S. 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .1304(c); N.C.G.S 143- 215.85(b) 17. The 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. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Permit. A copy of this Permit shall be available at the project site during the construction £D_E NJfT- CAROL NA North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 oepannmem of S1uIr nrnamai Quality DocuSign Envelope ID: EC32C598-59C3-4EBA-8BC1 -D527E38E74BF Edgecombe County DWR# 20211413 Individual Permit #IWP000008 Page 6 of 6 and maintenance of this project. Citation: 15A NCAC 02H .1305(b); 15A NCAC 02H .1304(c) 19. This Permit grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. Citation: G.S. 143-215.3(a)(2) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire five (5) years from the date of this letter. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Permit. [15A NCAC 02H .1304(c)] PAW/SLH I W P000008 £D_E NJfT- CAROL NA This, the 11th day of March 2022 ,—DocuSigned by: a4.1 101.0644, `-949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh, North Carolina 27699-1650 919.707.9000 oepannmem of S1uIr nrnamai Quality