20030065 Ver 2_Approval Letter_20130321

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
March 21, 2013
HWB, Inc.
Attn: David Weil
PO Box 2063
Goldsboro, NC 27533
DWQ # 2003 -0065 v2
Wayne County
Subject: Approval of Restricted Activities within Proposed Buffer Restoration Site
Rosewood Industrial Park, Hwy 70 and 581
Dear Mr. Weil:
On March 13, 2013, the Division of Water Quality (Division) approved your buffer restoration plan for
the subject site. As part of that approval, the Division allowed for a Deed Restriction to take the place of
a perpetual conservation easement as long as the Deed Restriction followed the language approved by the
_ Division. The Deed Restriction must be signed by all parties to remain in compliance with the Highway
70 & 581 Buffer Restoration Plan.
On March 21, 2013, the Division received correspondence from Kevin Martin with Soil and
Environmental Consultants (S &EC) regarding complaints received from the Wayne County Management
office (County) about water backing up into ditches on a farm north west of your purposed buffer
restoration site. Mr. Martin stated that the County suggests that work be done within the ditches on your
restoration site in order to remediate the problem. At the request of Mr. Martin, Cyndi Karoly and Katie
Merritt with the Division met in person on March 21, 2013 along with Lee Smith, with the County, and
Andy Miller with NRCS via conference call to discuss the County's concerns and how best to address
them as they pertain to the buffer restoration along the ditches.
During the meeting, the County stated that it was necessary that both ditch maintenance and replacement
of an undersized culvert on your site would help remove any blockages within the ditch that appear to be
contributing to water backing up on adjacent farms and potentially flooding the farm land. The ditch
proposed for maintenance has been approved as part of your buffer restoration plan. Details for the ditch
maintenance were provided by both Mr. Smith and Mr. Miller and included the removal of mature trees
and shrubs from along the ditch bank and from within the channel. Other methods of maintenance
included removing downed debris from the ditch and removing tree and shrub stumps from within the
ditch channel. According to the draft language approved by the Division for the Deed Restriction on the
subject property, ditch maintenance as proposed would be considered a "Restricted Activity" requiring
approval in writing in advance by the Division.
Ms. Merritt and Ms. Karoly had the following comments regarding the ditch maintenance proposed by
Mr. Smith and Mr. Miller:
Wetlands, Buffers, Storrrrvater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Phone [phone] FAX [phone]
Internet htip //portal ncdenr org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer

HWB, Inc
Hwy 70 & 581
Page 2 of 2
Maintenance of the ditch may be allowed as a one -time event as long as the maintenance is
performed as follows:
• No stumps are to be removed along the banks and sides of the ditch.
• No trees are allowed to be removed within 0 -50 feet landward from top of bank.
• Stumps removed from within the channel shall be removed with caution so as to not cause
destabilization of the ditch's channel and banks
• Ditch stability shall be maintained at all times. Seeding and matting shall be placed in
areas where unstable conditions are visible or expected.
• Depth of the ditch shall be dug no deeper than the original depth of the ditch.
• The ditch shall not be widened wider that the existing "top of bank ".
• Obtain a Soil and Erosion Control Plan if applicable.
• All maintenance activities shall be performed without imposing on the area proposed for
buffer mitigation.
• The undersized culvert suggested as also contributing to the County's concerns, shall be
replaced in addition to the ditch maintenance and shall be considered a "joint" effort in
remediating the problem.
Please'contact Katie Merritt at [e-mail] or 919- 807 -6371 if you have any questions or
concerns regarding this correspondence.
Sincerely,
( �. /r�4
Cyndi Karoly
Wetlands and Stormwater Branch Chief
cc: Kevin Martin - Soil and Environmental Consultants (via electronic mail)
Lee Smith - Wayne County Manager (via electronic mail)
Andy Miller - NCRS, PO Box 227, Goldsboro, NC 27533
Steve Keen - Chairman, Wayne County Commissioners, PO Box 227, Goldsboro NC 27533
DWQ WaRO 401 files
File Copy
File name: 030065Ver2RosewoodIndustPrk( Wayne)_RestrictedActivit3 Approval.docx