20080468 Ver 1_Approval Letter_20080617

?QF W A TF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r? North Carolina Department of Environment and Natural Resources
p .C Coleen H. Sullins, Director
Division of Water Quality
June 17, 2008
DWQ Project # 08-0468
Johnston County
Johnston County Department of Public Works
P.O. Box 2263
Smithfield, NC 27577
Subject Property: Johnston County Water System Improvements Looping and Small Water Main Extension
Ut to Long Creek [030406, 27-57-15, C, NSW]
Buffalo Creek [030402, 27-42, C, NSW]
Approval of 401 Waterquality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise temporarily impact 60 linear feet of perennial stream, and 0.00 square feet of Zone 1
Neuse River basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected
riparian buffers, as described in your application dated February 27, 2008, and received by the Division of
Water Quality (DWQ) on March 11, 2008, with additional information received from you on May 8,
2008, to provide water to some rural areas of Johnston County. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3699
(GC3699). The Certification(s) allows you to use Nationwide Permit(s) NW12 when issued by the US
Army Corps of Engineers (USACE). 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 Carolina
`rllCQlly
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http_//h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Johnston County Department of Public Works
Page 2 of 4
June 17, 2008
Type of Im act Amount Approved Units Plan Location or Reference
Stream - intermittent 60 linear feet) - temporary impacts PCN page 8 of 13
Buffers Zone 1 0.00 (square ft.) PCN page 12 of 13
Buffers Zone 2 0.00 (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, i!stalthtion and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
i
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. 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) .
If diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be notified
and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation
of erosion gullies. At no time shall stormwater from the proposed development be piped directly
through the buffer without prior DWQ written authorization.
The structural stormwater (diffuse flow) practices as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality. Stormwater easements shall be recorded for a
distance of at least 10 feet on each side of all stormwater conveyances on all lots containing these
structures including future access for maintenance. The stormwater easements shall allow for the
Johnston County Department of Public Works
Page 3 of 4
June 17, 2008
ability to maintain the structures, perform corrective actions as described above and shall provide
protection of the structures from potential alternations by future property owners.
6. Protective Fencing within these
The outside buffer, wetland or water bou tion shat along the construction
early marked with orange warning fencing
boundaries approved under this authorize
(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;
i. Certificate of Completion
Upon completion of all work approved within the 41 Water applicant required Certification
turn the attached
to ret a
Buffer Rules, and any subsequent modifications, thPplcant
certificate of coNletion 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 odto may result in
criminal and/or civil penalties. The authorization to proceed with your proposed
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit. ociate
appr
the
wetlan If you do not accept any of the conditions of this atiyo (amust actwithin 60 dayove
ofthe datethat
stream impacts), you may ask for an adludicatory hearing. orms to
15 O you receive this letter. To ask for a hearing, send owritten Hewhich arings 6714 Mail Servtice Center,
the North Carolina General Statutes to the Office of Administrative
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 for a de Certificate (associated
D rectowith t decisiohe roved
buffer impacts) shall be referred in Writing to the Director subject to review as provided in Articles 3 and 4 of G.S. 150B. ean
Water This letter completes the review of the Division
le as described within 15A NCAC2B.0233CIf you have
Act and the Neuse riparian buffer protection
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sin rely,
Coleen H. Sullins
CHS/ijm
Enclosures: GC 3699
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Johnston County Department of Public Works
Page 4 of 4
June 17, 2008
Central Files
Charlie Oates, S&ME, Inc., 1330 Highway 501 Business, Conway, SC 29526
Filename: 080468JolfnstonCountyWaterSystemslmprovementsLoopingAnd WatermainExts(Johnston)401_NBR

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