20090601 Ver 2_Approval Letter_20091209

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2009
Town of Benson
Attn: Mayor William W. Massengill
303 E. Church Street
Benson, NC 27504
DWQ Project # 2009-0601
County: Johnston
Subject Property: Benson Reclaimed Water Transmission Line
UT to Hannah Creek [030404, 27-52-6, C, NSW, Neuse River Basin] and UT to
E. Mingo Creek [030618, 18-68-12-2-1, C, NSW, Cape Fear River Basin]
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions
Dear Mr. Massengill:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 14,530 ft2 of Zone 1 of the protected riparian buffers and 15,290 ft2 of Zone 2 of
the protected riparian buffers to install a reclaimed water line at the site as described within your
application dated November 23, 2009, received by the Division of Water Quality (DWQ) on December 3,
2009. 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 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 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:
Type of Impact Amount Approved nits Plan Location or Reference
Zone 1 Buffers 14,530 (square ft.) Application
Zone 2 Buffers 15,290 (square ft.) Application
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state,nc.us/ncwetlands/
NoithCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Town of Benson
Page 2 of 2
December 9, 2009
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 without prior
approval by 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.
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 2B .0233(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 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 activities to ensure compliance with 15A
NCAC 213.0233.
Town of Benson
Page 3 of 3
December 9, 2009
Mitigation:
7. Compensatory Mitigation Using Restoration Systems' Neuse Riparian Buffer and Nutrient Umbrella
Mitigation Bank Lane Island Bank Parcel
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you have agreed to provide buffer mitigation for proposed parallel buffer impacts
and wish to make a payment to the Restoration Systems' Neuse Riparian Buffer and Nutrient
Umbrella Mitigation Bank Lane Island Bank Parcel to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement and
additional mitigation commitment. You have 60 days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Restoration Systems' Neuse Riparian Buffer and Nutrient Umbrella Mitigation Bank
Lane Island Bank Parcel to meet the following compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Required River and Sub-basin Number
Buffer Zone 1 33,690 (square feet) Neuse/03020201
8. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all 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 at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (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 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 or would like a copy of the buffer rules, please call Amy Chapman or
Cyndi Karoly at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Since ,
J.4_?oleen H.
Sullins
Town of Benson
Page 4 of 4
December 9, 2009
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Mark A. Drake, The Wooten Company, 120 N. Boylan Avenue, Raleigh, NC 27603-1423
Filename: 090601 Ver2BensonReclaimedWaterTransmissionLine(Johnston)NBR