20100612 Ver 1_Approval Letter_20100802

Beverly Eaves Perdue
Governor
LTIFAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 2, 2010
Randy Dodd
Environmental Planner
Town of Carrboro
301 W. Main St.
Carrboro, NC 27510
Subject Property:
Tanbark Branch Stream Enhancement/Stabilization
Tanbark Branch [16-41-1-15-1-3, WS-V; NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dodd:
Dee Freeman
Secretary
DWQ Project # 10-0612
Orange County
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise
impact 980 linear feet of perennial and intermittent stream for the purpose of stream enhancement/stabilization at the
subject property, as described in your application dated July 19, 2010 and received by the N.C. Division of Water Quality
(DWQ) on July 28, 2010. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number 3699 (GC 3689). The Certification allows you to use Nationwide Permit(s) 27 when
issued by the US Army Corps of Engineers (USACE). 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
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.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: http:llh2o.enr.state.nc.uslncwetlands Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Dodd
Page 2 of 3
August 2, 2010
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 980 (feet) PCN page 5 of 11
404/CAMA Wetlands 0 acres NA
Waters 0 (acres) NA
Buffers 0 (square ft.) Activi is Exempt
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 from 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
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: http:/lh2o.enr.state.nc.uslncwetlands 1?N?l//?
An Equal Opportunity t Affirmative Action Employer ? ?} ? ?/alt
Mr. Dodd
Page 3 of 3
August 2, 2010
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. 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. Stream Restoration/Enhancement/Stabilization
You have our approval for your proposed final stream enhancement/stabilization plan. The stream enhancement
must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or
adjustments to the site must be made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments.
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. If you have
any questions, please telephone Ian McMillan in the Central Office in Raleigh at (9 9) 733-1786.
Si rely
Coleen H. Sullins
CHS/IJM/ewk
Enclosures: GC 3689
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Zan Price - NCSU Dept. of Biological and Agricultural Engineering, Asheville Field Office, 21 Stokes Drive,
Asheville, NC 28805
Filename: 100612TanbarkBranch(Orange)401
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally