20091168 Ver 1_Approval Letter_20100128

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2010
Mr. Scott Hammerbacher
215 East Nash Street
Louisburg, NC 27549
Subject Property: Pilot Lions Park
Ut to Moccasin Creek [030407, 27-86-2, C, NSW
DWQ Project # 09-1168
Franklin 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. Hammerbacher:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.038 acres of 404/wetland and 0.00 square feet of Zone 1 Tar-Pamlico River basin protected
riparian buffers and 1,836 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as
described in your revised application dated January 22, 2010, and received by the Division of Water Quality
(DWQ) on January 22, 2010, to construct the proposed sports complex at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number(s)
3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW42 when issued by the US
Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate ifor
impacts to the protected riparian buffers per 15A NCAC 213 .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 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 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 150 linear 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:
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
Nahmail,ff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Scott Hammerbacher
Page 2 of 3
January 28, 2010
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.038 (acres) PCN -page 5 of 11
Buffers Zone 1 0.00 (square ft. PCN - page 6 of 11
Buffers Zone 2 1,836 (square ft.) PCN - page 6 of 11
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 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.: Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B .0259(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0259(5)),
you have provided the DWQ diffuse flow plans dated January 13, 2010. The DWQ believes that if
implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A
NCAC 02B .0259(5) is not achieved, then the DWQ shall be notified and corrective actions to restore
diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall
stormwater from the proposed development be piped directly through the buffer without prior DWQ
written authorization.
Mr. Scott Hammerbacher
Page 3 of 3
January 28, 2010
6. 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;
7. 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 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 fora 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 River basin 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.
Sincerely,
Coleen H. Sullins
CHS/gym
Enclosures: GC 3705
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Jason Volker, S&ME, Inc., 3201 Spring Forest Road, Raleigh, NC 27616
File Copy
Filename: 091168Pi lotLionsPark(Frankl in)401 _TPBR