20031342 Ver 1_Approval Letter_20031110

~O~ W a ~E9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
\~ G North Carolina Department of Environment and Natural Resources
~~^" Alan W. Klimek, P. E. Director
-I Division of Water Quality
(~ ~
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 10, 2003
DWQ Project No. 03-1342
Nash County
Page 1 of 3
E. Norman Davis- Son, Inc.
PO Box 7635
Rocky Mount, NC 27804
Subject Property: Section 4 -South Park Village Drive, Rocky Mount, NC 27804
Little Cokey Swamp (030303, 28-83-3-1, C NSW)
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. Davis
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 83 feet of intermittent streams and 0.14 acres of protected riparian buffers for the purpose of
constructing a road and wet water quality pond at the subject property, as described within your application dated
10/30/03. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water
Quality (DWQ) General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use
Nationwide Permit(s) 14 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 26 .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, Non-discharge, and Land Quality regulations.
Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. 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.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands

E. Norman Davis
Page 1 of 3
11 /10/03
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
2. No Waste, Spoil, Solids, or Fill of Any
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 Preconstruction Notice 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.
3. 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.
4. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5. Diffuse Flow
An additional condition is that 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
26 .0259(5).
6. 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 fabric fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water. This fencing shall be installed prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0259 and GC 3404. The protective fencing should
be removed once construction is complete.
7. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal wetland
(whichever is more landward) associated with road installation, repair, replacement and/or maintenance 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. This density can usually be achieved
by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all properties and lots with retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact.
These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate. You can obtain a copy of a sample deed notification
from our web site or by contacting the DWQ.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the

E. Norman Davis
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11 /10/03
Federal 404 and/or coastal Area Management Act Permit. 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 1506 of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. 1508.
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 26 .0259. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Klimek, P.E.,
Q, Director
Attachments: Certificate of Completion
GC 3404
Cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
DWQ # 03-1342
Date: 11 /10/03
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