20110375 Ver 1_Approval Letter_20110523

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Allen Stowe
101 Nichols Drive
Greenville, NC 27834
May 23, 2011
DWQ Project # 11-0375
Pitt County
Subject Property: Lot #32 Located off Nichols Drive in Greenville
Tar-Pamlico River Basin, Ut to Meeting House Branch (TAR O5, 28, 97, 1;
NSW, C)
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. Stowe:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 125 linear feet of streams and 2,500 square feet (ft2) of
protected riparian buffers for the purpose of stream bank stabilization and buffer restoration at the
subject property, as described within your application dated April, 15, 2011 and received by the
N.C. Division of Water Quality (DWQ) on April 19, 2011. The impacts described in your
application are covered by General Water Quality Certification Number(s) 3689 (GC3689). The
Certification(s) allows you to use Nationwide Permit(s) 13 when issued by the US Army Corps of
Engineers (USAGE). 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-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.
North Cazolina Division of Water Quality Internet: www.ncwater uality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCay~ro/l/ina
An Equal OppoRunitylAfrirmative Action Employer - 50% Recycled110% Post Consumer Paper ~~~~{ ~L`~

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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 A roved (Units Plan Location or Reference
Stream 125 (feet) ri ra fill Plan Sheet 1
404/CAMA Wetlands acres
Waters acres
Buffers 2,500 (s uare ft.) Plan Sheet 1
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.

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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 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.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into a stream as identified within 15A NCAC 2B .0259 (5).
7. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of edge of stream
associated with stream bank stabilization must be done in an "in kind" manner immediately
following construction. (Example: Disturbed areas with pre-existing grassed lawns must be
replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be
replanted with trees and woody vegetation. Disturbed areas with pre-existing forest
vegetation must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 320 trees per acre at maturity.
8. No Sediment and Erosion Control Measures in Wetlands and 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 or locally delegated program has
released the project.
9. 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.
10. No Impacts Beyond those in Application
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.
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

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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.
Fir
Enclosures: Certificate of Completion
GC 3689
cc: Lisa Kirby, City of Greenville
Emily Jernigan, Corps of Engineers, Washington Field Office
~/ISWQ 401 OversightlExpress Unit
DLR, WaRO
File copy