20091100 Ver 1_Approval Letter_20100111

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 11, 2010
East Carolina University
Mr. William Koch
1001 East Fourth Street
Greenville, NC 27858
DWQ Project # 09-1100
Pitt County
Subject Property: East Carolina Dental School, Deed Book 1417, Page 458
UT to Schoolhouse Branch, Tar River
Revised Copy of Approval for 401 Water Quality Certification and Authorization Certificate
per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional
Conditions
Dear Mr. Koch:
This revised General Certification (GC) supersedes the permit issued to you on December 3, 2009
and gives you approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.375 acres of wetlands, 398 linear feet of streams and 1,330
square feet (ft) of protected riparian buffers for the purpose of parking lot and stormwater pond
construction at the subject property, as described within your application dated October 15, 2009
and received by the N.C. Division of Water Quality (DWQ) on October 15, 2009. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) 39 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 .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, 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
North Carolina Division of Water Quality Internet: www.ncwatergualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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East Carolina Dental School
Mr. William Koch
January 11, 2010
Page 2 of 4
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:
Amount Approved Units Plan Location or Reference
Stream 398 (feet) Sheet EX2.0
404/CAMA Wetlands 0.375 acres Sheet EX2.0
Waters (acres) Sheet EX2.0
Buffers 670 (square ft.) Zone I
660 (square ft.) Zone II Sheet EX2.0
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.
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East Carolina Dental School
Mr. William Koch
January 11, 2010
Page 3 of 4
4. 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 are 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. 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.
6. Any rip-rap placed for streambank stabilization should be limited to the streambank below
the high water mark, and vegetation should be used for stabilization above the high water
elevation. Rip-rap should not be placed in stream channels in such a manner that it impedes
aquatic life passage. The rocks placed on the bank should be backed with filter cloth and
should be clean and sediment free.
7. Heavy equipment must be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into the
stream.
All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials.
9. Piping of stream shall be installed in such a manner that the original stream profiles are not
altered (i.e., the depth of the channel must not be reduced by a widening of the streambed).
Existing stream dimensions (including pattern and profile) are to be maintained above and
below locations of culvert. The structures shall be designed and installed to allow for fish
and other wildlife movement as well as prevent headcutting of the stream. The applicant may
be required to provide evidence that the equilibrium has been maintained, if requested in
writing by 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. 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.
East Carolina Dental School
Mr. William Koch
January 11, 2010
Page 4 of 4
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 Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Roberto Scheller of the Washington Regional
Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
4Sinci rely,
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Enclosures: Certificate of Completion
GC 3705
cc: Debbie Edwards, Soil & Environmental Consultants, PA
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit V11
DLR, W aRO
File copy