20070306 Ver 1_Approval Letter_20070501

p~pF W A TF9QG Michael F. Easley, Governor
.~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
p -~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 1, 2007
DWQ Project # 07-0306
Franklin County
Mr. Bryce Mendenhall, Public Utilities Director
Franklin County
5 West Mason Street
Franklinton, NC 28525
Subject Property: Rays Creek Sewer Interceptor
Ut to Cedar Creek [030301, 28-29-(2), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Mendenhall:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1.18 acres of 404/wetland (temporary impact), 3201inear feet of perennial
stream (temporary impact), 1601inear feet of intermittent stream (temporary impact), and 47,822 square
feet (ftZ) of protected Zone 1Tar-Pamlico River basin riparian buffer and 22, 633 square feet (ft2) of
protected Zone 2Tar-Pamlico River basin riparian buffer as described in your revised application dated
April 12, 2007, and received by the Division of Water Quality (DWQ) on April 17, 2007, to construct the
proposed sewer improvements. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3625 (GC3625). The Certification(s) allows
you to use Nationwide Permit(s) NW 12 when issued by the US Army Corps of Engineers. (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0259. 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 or LAMA Permit.
This approval 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 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 1501inear 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
certification and any additional conditions listed below.
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:
No~thCarol~'na
401 OversightBxpress Review Permitting Unit atllCa ly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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Franklin County
Page 2 of 3
May 1, 2007
Amount A roved (Units) Plan Location or Reference
404/Wetland 1.18 (acres - tem ora PCN a e 8 of 13
Stream - erennial 320 (linear feet) - tem orar PCN a e 9 of 13
Stream -intermittent 160 (linear feet - tem or PCN a e 9 of 13
Buffer -Zone 1 TPBR 47,822 (s ware ft.) PCN a e 12 of 13
Buffer -Zone 2 TPBR 22,633 (s uare ft.) PCN a e 12 of 13
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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources 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 to ensure compliance with 15A
NCAC 2B .0259 and GC 3625;
6. Diffuse Flow (No Further Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.

Franklin County
Page 3 of 3
May 1, 2007
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and ariy 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 LAMA 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 Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
AWK/ijm
Enclosures: GC 3625
Certificate of Completion
Si ely,
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Brian Sexton, Hobbs, Upchurch & Associates, P.A., 300 S.W
Broad Street, Southern Pines, NC 28388
Filename: 070306RaysCreekSewerInterceptor(Franklin)401 _TPBR
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