HomeMy WebLinkAbout20120057 Ver 1_More Info Received_20120207Strickland, Bev
From: Witherspoon, Lauren
Sent: Tuesday, February 07, 2012 4:36 PM
To: Strickland, Bev
Subject: FW: Town of Smithfield - Tree Removal for Dredging - Certificate of Completion
Attachments: 12- 0057_ TownOfSmithfieldTreeRemovalForDredging _NBR.PDF; 120207 - Certificate of
Completion.pdf
For the laserfiche file.
Thanks,
Ic
From: Matt Echols [ mai Ito: mechols(a)thewootencompany.com]
Sent: Tuesday, February 07, 2012 3:35 PM
To: Witherspoon, Lauren; Landry, Natalie
Cc: Chapman, Amy; 'Earl Botkin'; Chris Thomson
Subject: Town of Smithfield - Tree Removal for Dredging - Certificate of Completion
Lauren /Natalie:
The Certificate of Completion for the tree removal in the Neuse buffer for which the Town of Smithfield received your
approval is attached. I've also attached the buffer authorization for reference.
Thank you again for your assistance with this project. Please call me at 919 - 828 -0531 if you have any remaining
questions or concerns.
Regards,
Matt Echols, El
Assistant Project Engineer
The Wooten Company
120 North Boylan Avenue
Raleigh, NC 27603
919.828.0531
Fax 919.834.3589
www.thewootencompanV.com
VVY
THE
WOQTEN
COMPANY
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
January 25, 2012
DWQ Project # 12 -0057
Johnston County
Town of Smithfield
Attn: Mr. Earl Botkin
350 East Market Street
Smithfield, NC 27577
Subject Property: Town of Smithfield Tree Removal For Dredging
Neuse River [030402, 27- (39.7), NSW;WS -IV]
Approval of Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233)
with Additional Conditions
Dear Mr. Botkin:
You have our approval, in accordance with the conditions listed below, to fill or otherwise impact 588 square feet
of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and 224 square feet of Zone 2 Neuse
basin protected riparian buffer (permanent impacts) for protection of existing uses as described in your application
received by the Division of Water Quality (DWQ) on January 23, 2012 (dated January 20, 2012). This letter shall
act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0233. 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.
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 Authorization are:
1. Impacts Approved
The following impacts are hereby approved:
...Type of Impact
Amount Approved Units
flan Location or Reference
Buffers Zone 1
588 (square ft.) permanent impact
PCN page 7 of l l
Buffers Zone 2
224 (square ft.) permanent impact
PCN page 7 of 11
NoAhCarolina
Amura!!'y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service
Internet: www ncwaterquaiity.org 1628 Mail Service Center Raleigh, NC 27699.1626 FAX (919) 766 -7159 677 -623 -6746
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Page 2
2. Existing Spoil Area
The footprint of the existing spoil area depicted in Exhibit 3 of Buffer Authorization application, dated
January 2012, must not be expanded in the Protected Riparian Buffer Zones (Zone 1 or Zone 2), unless
appropriate approvals are obtained prior to expansion.
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. 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.
5. 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;
6. Diffuse flow
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
.0233(5) or if this is not possible, it is necessary to provide stormwater facilities that are considered to
remove nitrogen.
7. 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
Page 3
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.
8. Notification of Project Commencement
Please notify Lauren Witherspoon at (919) 791 -4251 or lauren.withers oonknedenr.gov of the proposed
start date of the project.
9. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
If you wish to contest any statement in the attached Certification 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:O0am 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 of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) - 431 -3000, Facsimile: (919)- 431 -3100
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
Unless such a petition is filed, this Certification shall be final and binding.
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 2B .0233. If
you have any questions please call Lauren Witherspoon at (919) 791 -4251. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. PIease contact the US Army Corps of
Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to waters on this
project.
Page 4
- -- l
Sincerely,}
I If?
Danny Smith /
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: Certificate of Completion
cc: DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Chris Thomson, The Wooten Company, 120 N Boylan Ave, Raleigh, NC 27609
Matt Echols, The Wooten Company, 120 N Boylan Ave, Raleigh, NC 27609
Filename: 12012112 -0057 TownOfSmithfie ldTreeRemovaWorDredgine NBR_Approval.doc
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE
Governor Director
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 40] /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed.to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27604 -1170
Phone: 919 -807 -63011 FAX: 919 -807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
NofthCarofina
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Bevedy Eaves Perdue Charles Wakild, PE Dee Freeman
Govemor Director Secretary
DWQ Project No.: / - dO County: _ To ky15 corl
Applicant: r r
Project Name: e.rx�1ln............r�.c_�2- --
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 40I/Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, RTC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Cerrifec adore
hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: CE Ca �L Date.
Agent's Certification
1, 0t.+Ar.t Mid— Oti'nsawl �?�. hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quali Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: _ Date: �t2_ Na A6ris j ^ 7`as ,..
-a (fL4ote_o6 d
`�
If this project was designed by a Certified Professional
11 — , as a duly registered Professional — (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full tune)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Registration No.
Date
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27W4-1 1170 One
Phone: 919-807-=I% FAX: 9 i9V7-6494 No Carolina
Internet ww,rlovaterglrality.org /yr fr
An Equal opportunity %ARrmative Action Employer at u uiiy