20090011 Ver 3_Approval Letter_20100506

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 6, 2010
Craven County Manager
Mr. Harold Blizzard
406 Craven Street
New Bern, NC 28560
DWQ Project # 09-0011 Ver. 3
Craven County
Subject Property: Latham-Whitehurst Nature Park
Upper Broad Creek, Neuse River Basin (030410, 27-106-(4), NSW, SC)
Approval for 401 Water Quality Certification (3642) and Authorization Certification 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 0.1586 acres of wetlands, 0.0156 acres of waters, 540 square feet (ft) of Zone
1 (360 ft2 of temporary impact and 180 ft2 of permanent impact) and 360 ft2(240 ft2 of temporary impact
and 120 ft2 of permanent impact) of the protected riparian buffers for the purpose of nature trail
construction as described within your application dated March 11, 2010 and received by the N.C.
Division of Water Quality (DWQ) on April 5, 2010. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3642 (GC3642). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it. 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, 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 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aaturally
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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
404/CAMA Wetlands 0.1586 (acres) Proposed Site Plan C-3 and C-8
Waters 0.33 (acres) Proposed Site Plan C-8
Buffers 900 (square ft. Proposed Site Plan C-8
2. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3642.
3. No Impacts Beyond those in the Application
No wastes, 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. 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.
5. Sensitive Watershed Erosion and Sediment Control Practices

The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
must be adhered to throughout the life of this project.
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6. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
7. 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 DWQ. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then 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 devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources has
released the project.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
9. Temporary Impacts to Riparian Buffer
At the conclusion of construction activities, the area of temporary buffer impacts must be restored to
nearly as practical to preconstruction conditions.
10. 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.
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act 15A NCAC 02H..0500. If you have any questions, please telephone Anthony Scarbraugh of the
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Washington Regional Office at 252-948-3957 or Ian McMillan of the 40 Oversight/Express Unit at 919-
715-4631.
Sinc rely,
1
For Coleen . Su ns?
Enclosures: Certificate of Completion
GC 3 642
cc: Kevin Avolis, P.E., Avolis Engineering, P.A.
Corps of Engineers Washington Field Office
L,A?WQ 401 Oversight/Express Unit
CAMA, Doug Huggett, Morehead City Office
CAMA, Brad Connell, Morehead City Office
DLR, Pat McClain, Washington Regional Office
File copy
Filename: 09-0011 Ver. 3