20100444 Ver 1_Approval Letter_20100624

4
NCDM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 24, 2010
Town of Clayton
Attn: Mr. Steve Biggs
111 East Second Street
Clayton, N 27520
Subject Property: Clayton Community Park, Clayton, NC
Neuse River [030402, 27-(38.5), WSIV, NSW]
DWQ Project # 2010-0444
County: Johnston
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Biggs:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 3,726 ft2 of Zone 1 and 3,323 ftZ of Zone 2 of the protected riparian buffers for
the purpose of constructing the greenway trail and sanitary sewer line at the subject property as described
within your application dated May 21, 2010, received by the Division of Water Quality (DWQ) on June 7,
2010. 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, Non-discharge regulations.
This authorization certification 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 authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the 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:
Amount Approved nits Plan Location or Reference
Zone 1 Buffers 3,726 (square ft. Application
Zone 2 Buffers 3,323 (square ft.) Application
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:
4010versight/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: hfp://portal.ncdenr,org/web/wgtws
NorthCarolina
aturallry
An Equal Opportunity 1 Affirmative Action Employer
Town of Clayton
Page 2 of 4
June 24, 2010
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 without prior
approval by 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
An additional condition is that 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 4!1eaw as identifiud v iAhin 15A NCAC 2B . 0233.
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 to ensure compliance with 15A
NCAC 2B . 0233.
7. Buffer Mitigation (Lane Island Mitigation Bank)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 2,206 square feet of parallel impacts to Zone 1 of the riparian buffer is
6,618, square feet as required by 15A NCAC 2B .0233. We understand you wish to make a
payment into the Lane Island Riparian Buffer Mitigation Bank administered by Restoration
Systems, LLC to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. This contribution will satisfy our
compensatory mitigation requirements in accordance with 15A NCAC 2B .0233(9)(C). Until
Restoration Systems, LLC receives and clears your check, no impacts specified in this buffer
authorization shall occur. Restoration Systems should be contacted at [phone] if you have
Town of Clayton
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June 24, 2010
any questions concerning payment. For accounting purposes, this buffer authorization
authorizes payment into the Lane Island Riparian Buffer Mitigation Bank to compensate for
6,618 ftz of required riparian buffer mitigation for impacts to 2,206 W of protected riparian
buffers; 03020201, 03-04-02, 27-(38.5) HUC, river and subbasin.
8. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved buffer
impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a
decision.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 15013. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
u huministrativc Fl:uiings within fivc ;5) business du3,° f^11owing the fax-l transmissior.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213
.0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or
Town of Clayton
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June 24, 2010
Ian McMillan at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Si erely
Coleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Filename: 20100444C1aytonCommunityPark(Johnston)NBR