HomeMy WebLinkAbout20090011 Ver 2_Approval Letter_20100329PA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
March 29, 2010
DWQ Project # 09-0011 Ver.2
Craven County
Craven County Manager
Mr. Harold Blizzard
406 Craven Street
New Bern, NC 28560
Subject Property: Latham-Whitehurst Nature Park
Upper Broad Creek, Neuse River Basin (27-106-(4), NEU 10, NSW,
SC)
Approval of 401 Water Quality Certification and Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional
Conditions
Dear Mr. Blizzard:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.0977 acres of wetlands and 300 square
feet (ft) of protected riparian buffers for the purpose of nature trail construction at the
subject property, as described within your application dated February 12, 2010 and
received by the N.C. Division of Water Quality (DWQ) on February 19, 2010. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you
to use Nationwide Permit(s) 14 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 2B .0233. 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.
North Carolina Division of Water Quality Internet: www.newaterqualitv.org
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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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:
Amount Approved
(Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands 0.0977 (acres) Plan Sheet C2 & C3
Waters (acres)
Buffers 300 (square ft.) Plan Sheet C8
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.
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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 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.
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. Culvert Conditions
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic
life. Design and placement of culverts and other structures including temporary
erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down
stream of the above structures. The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ.
7. Riprap Placement in Streams and Wetlands
Any riprap used must not interfere with thalweg performance and aquatic life passage
during low flow conditions.
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
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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.
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 Neuse riparian buffer protection rule as described within
15A NCAC 2B .0233. 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.
Sinc ely,
/Ford ol`!een Su
?llinsl
Enclosures: Certificate of Completion
GC 3704
cc: Kevin Avolis, P.E., Avolis Engineering, P.A.
Cis of Engineers Washington Field Office
?DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
DLR, WaRO
File copy