20051748 Ver 2_Approval Letter_20051021

0 WAT ?
_? Or
>
p?<
Mr. George Howard
Restoration Systems, LLC
1101 Haynes Street
Suite 107
Raleigh, NC 27604
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 21, 2005
Re: Lowell Dam removal project, JohnstonCounty
DWQ #20051748; USACE Action ID. No. 200521370
APPROVAL of 401 Water Quality Certification
Dear Mr. Howard:
Attached hereto is a copy of Certification No. 3543 issued to Restoration Systems, LLC of Raleigh, NC,
dated October 21, 2005. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
AWK/jrd
Attachments: Certificate of Completion
Wmek, P.E.
Pcc: Jean Manuele, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mike Horan, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Adam Riggsbee, UNC School of Public Health, Dept. of Environmental Sciences and Engineering,
Randy Turner, Restoration Systems, LLC, 1101 Haynes Street, Suite 107,Raleigh, NC 27604
Filename: 20051748LowellDamRemoval(Johnston)1nd401
401 Oversight/Express Review Permits Unit
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/ncwetiands
One
N Carolina
turu!!y
An Equal Opportunity/Affirmative Action Employer -60% Recycled/101/16 Post Consumer Paper

George Howard
Page 2 of 4
October 21, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Restoration Systems of Raleigh, NC to fill 0.02 acre of
jurisdictional wetlands and 0.05 acres of open, jurisdictional waters in the Neuse River Basin, associated
with the removal of the Lowell Mill dam in Johnston County, North Carolina, pursuant to an application
filed on the 27th day of September of 2005, and in additional correspondence received September 19, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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 nits Plan Location or Reference
404/CAMA Wetlands 0.02 acres Site plan
Waters 0.05 acres Site plan
Sediment and Erosion Control:
2. 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
George Howard
Page 3 of 4
October 21, 2005
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 shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit 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;
4. 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. Disposal of debris from the dam removal must be done beyond 50 feet from the active riverbank of
the restored river since such disposal must not be done within the protected riparian buffer zone for
the restored river channel.
Continuing Compliance:
6. Restoration Systems, LLC shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 21-1.0507(d). Before modifying the
Certification, the Division shall notify Restoration Systems, LLC and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised
conditions shall be provided to Restoration Systems, LLC in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Other conditions:
7. Monitoring - Monitoring for this project shall be conducted as outlined in the "Restoration Plan"
dated July 2005 as prepared by Restoration Systems, LLC and EcoScience Corporation. with the
following changes::
7.1.1.Monitoring shall be done for at least five (5) years with two copies of annual reports
submitted to DWQ for written approval and comment. Monitoring can be done for less
than five (5) years only with additional, written approval from DWQ.
7.1.2.DWQ shall review and approve in writing the proposed anadromous fish monitoring
locations to ascertain that they will be provide representative data for restoration of
anadroumous fish use in the watershed above the dam.
George Howard
Page 4 of 4
October 21, 2005
7.1.3.Written approval is required from DWQ for a planting plan for areas within 50 feet of the
restored stream channel at the construction areas, debris disposal and dam site sediment
management construction zone.
8. In order to address possible bank stability issues and subsequent erosion, Restoration Systems shall
survey the present lake bed and its flooded tributaries at least every two weeks (bi-weekly) or within
three days of a rain more than or equal to one inch at Princeton, NC or at another location approved in
writing by DWQ. Restoration Systems must keep a written record of such surveys as well as note any
presence of non-native, invasive species that are growing on the newly exposed streambanks. Any
bank stability issues must be identified and addressed within two (2) working days of the survey.
DWQ must be notified in writing after the action is taken to correct erosion unless" additional fill of
waters or wetlands is needed for the stabilization. In that case, additional written approval is needed
from DWQ for those activities. These surveys shall be done until the stream banks are stable to the
written satisfaction of DWQ.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 21th day of October 2005
DIVIr ION OF WATER QUALITY
AWK/jrd
Klimek, P.E.