20080229 Ver 2_Approval Letter_20080317

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 17, 2008
DWQ Project # 08-0229, Ver. 8
Wake County
Mr. Rich Mogensen
Mid-Atlantic, LLC
1960 Derita Road
Concord, NC 28027
Subject Property:
Forest Creek Mitigation Bank
Forest Creek [030201, 27-2-21-2-2, WSII, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Mogensen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 5,841 linear feet of perennial stream, and 392,100 square feet of Zone 1 Neuse
River basin protected riparian buffers, and 275,270 square feet of Zone 2 Neuse River basin protected
riparian buffers, as described in your application dated February 8, 2008, and received by the Division of
Water Quality (DWQ) on February 8, 2008, to perform the proposed stream and buffer restoration project
at the site. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3689 (GC3689). The Certification(s) allows you to use
Nationwide Permit(s) 27 (NW27), when issued by the US Army Corps of Engineers (USACE). This
letter shall also 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. 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:
NOne
hCarolina
401 Oversight/Express Review Permitting Unit atuCa«y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwettands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
Mid-Atlantic, LLC
Page 2 of 3
March 17, 2008
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 5,841 (linear feet) PCN page 8 of 13
Buffers Zone 1 392,100 (square ft.) PCN page 12 of 13
Buffers Zone 2 275,270 (square ft.) PCN page 12 of 13
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 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;
6. Stream and Buffer Restoration
You have our approval for your proposed final stream and buffer restoration plans. The stream
and buffer restoration must be constructed, maintained, and monitored according to the plans
approved by this Office. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the repairs or
adjustments.
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Mid-Atlantic, LLC
Page 3 of 3
March 17, 2008
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 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 Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
Coleen H. Sullins
CHSI ijm
Enclosures: GC 3689
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Ren Ivins, Orange County Soil and Erosion Control, P.O. Box 8181, Hillsborough, NC 27278
Todd St. John, Kimley-Horn and Associates, Inc., P.O. Box 33068, Raleigh; NC 27636-3068
Filename: 0 80229 V er2 ForestC reekM i ti gati on Bank(Oran ge)401 _NB R