20080447 Ver 1_Approval Letter_20080415

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 15, 2008
Mr. Rocky Russell
Rocky Russell Development, LLC
106 Regency Boulevard
Greenville, NC 27834
Subject Property: Grove Pointe Subdivision off Allen Road SR 1203
Green Mill Run, Tar-Pamlico River Basin
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0447
Pitt County
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. Russell:
You have our approval, in accordance with the attached conditions and those listed below, to temporarily
impact .321 acres of wetlands with impacts to 33 linear feet of stream and 40 linear feet or 4,000 square
feet (ft), of protected riparian buffers with a permanent 20 foot maintenance corridor for the purpose of
constructing a sewer line crossing at the subject property, as described within your application dated
February 21, 2008, and received by the N.C. Division of Water Quality (DWQ) on March 11, 2008. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3699 (GC3699). The Certification(s) allows you to use Nationwide Permit(s) 12
when issued by the US Army Corps of Engineers (USACE). 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-dis=-,harge regukoions. 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.
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 ne,v - \ filer 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 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 21-1 .0506 (h). This approval requires you to follow the conditions listed in the attached
certifical:ion and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
Th£ following impacts are hereby approved as long as all of the other specific and general conditions
of `;is { `:;rtif r: tion (or IsoLted Wetland Permit) are met. No other impacts are approved including
ins: ; de; s ;al iVADact s:
'north Carohr 1 ivision of Water Quality Internet: h2o.enr.state.nc.u5
943 ',quare Mall Phone: [phone] One
N1,'as'. iL ton .,C2'7889 FAX [phone] NorthCarohna
An Equal Cpporiunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
Rocky Russell Development, LLC
Page 2 of 3
April 15, 2008
Amount Approved Units Plan Location or Reference
Stream 33 (feet) Green Mill Run Sewer Line
Crossing
404/CAMA Wetlands .321 (acres) Green Mill Run Sewer Line
Crossing
Waters acres
Buffers 4,000 (square ft.) Green Mill Run Sewer Line
Crossing
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. 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
Rocky Russell Development, LLC
Page 3 of 3
April 15, 2008
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 Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-
3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3699
cc: Jay Johnson, Bluewater Environmental Services
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy
Central Files