20061270 Ver 1_Approval Letter_20070409

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City of Clinton
227 Lisbon Street
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Apri19, 2007
Subject Property: City of Clinton Butler Drive Cattail Branch
Cattail Branch [030619, 18-68-1-10-2, C, SW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1270
Sampson County
Approval of 401 Water Quality Certification with Additional Conditions -AFTER-THE-FACT
Dear Sir or Madam:
You have our After-The-Fact approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 163 linear feet of perennial stream to conduct the stream
stabilization project, as described within your application dated February 21, 2007, and received by the
N.C. Division of Water Quality (DWQ) on February 27, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631).
The Certification(s) allows you to use Nationwide Permit(s) NW29, respectively, when issued by the US
Army Corps of Engineers (USAGE). 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, and other 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:
Conditions of Certification:
I . 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 A roved (Units) Plan Location or Reference
Stream - erennial 163 (linear feet) PCN a e 4 of 9
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto://h2o.enr.state.nc.us/ncwetlands
N °E Carolina
~atura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper

City of Clinton
Page 2 of 4
April 9, 2007
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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. 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 15 NCAC 2H,
Section .0500;
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including

City of Clinton
Page 3 of 4
April 9, 2007
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
General, descriptive observations must be made each year while walking through the site in order to
determine any problems areas that might be developing so early corrective actions can be taken. This
provision must be added to the monitoring plan.
8. The number of trees that will be planted for each species, or the percentage of trees that will be
accounted for by each species needs to be provided in the as-built report. An as-built report should be
submitted post-construction that provides the number of trees that was planted for each species.
Certificate of Completion:
9. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Violations of any condition herein set forth may result in revocatiori 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.

City of Clinton
Page 4 of 4
Apri19, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central~ffice in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-x,33 300.
Sin r 7y,
lan W. Klimek, P.E.
AWK/~m
Enclosures: GC3631
Certificate of Completion
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Veronica Hanzel, EI, Inc., 2101 Gateway Centre, Suite 200, Morrisville, NC 27560
Filename: 06127000CIinton_B utlerDrive_CattailBranch(Sampson)401