20110539 Ver 1_Undeliverable Mail_20110623

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2011
DWQ Project # 11-0539
Franklin County
Mr. Stanley John Novak and Eileen Margaret Novak
12195 Eddystone Ct
Woodbridge VA 22192
Subject Property: Stanley Novak
Ut to Giles Creek [030301, 28-21-3-1, WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. and Mrs. Novak:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 40 linear feet of intermittent stream, and 1,200 square feet of Zone 1 Tar-
Pamlico River basin protected riparian buffers and 800 square feet of Zone 2 Tar-Pamlico River basin
protected riparian buffers, as described in your application dated June 1, 2011, and received by the
Division of Water Quality (DWQ) on June 3, 2011,with additional information received on June 22,
2011, to construct the proposed stream crossings at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821).
The Certification(s) allows you to use Nationwide Permit(s) N`'l'29 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 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:
eVetlauds. Buffers. Stornmater, Compliance and Permitting Unit (U`/eBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 91 M07-6301 ',FAX: [phone]
Internet http lipoilal.ncdencorgiweblwq(ws
An Equal Opportunity ! Affirmative Action Ernployer
Mr. Stanley John Novak and Eileen Margaret Novak
Page 2 of 4
June 23, 2011
Type of Impact Amount Approved Units Plan Location or Reference
Stream - intermittent 40 (linear feet) PCN page 4 of 10
Buffers Zone 1 1,200 (square ft.) PCN page 5 of 10
Buffers Zone 2 800 (square ft.) PCN page 5 of 10
2. 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.
3. 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:
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.
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.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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 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. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0259(5)
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
????
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2011
Mr. Stanley John Novak and Eileen Margaret Novak
3691 NC Highway 39 North
Louisburg, NC 27549
DWQ Project # 06-0974, Ver. 4
Franklin County
Subject Property: Stanley Novak
Ut to Giles Creek [030301, 28-21-3-1, WSIV, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. and Mrs. Novak:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 40 linear feet of intermittent stream, and 1,200 square feet of Zone 1 Tar-
Pamlico River basin protected riparian buffers and 800 square feet of Zone 2 Tar-Pamlico River basin
protected riparian buffers, as described in your application dated June 1, 2011, and received by the
Division of Water Quality (DWQ) on June 3, 2011,with additional information received on June 22,
2011, to construct the proposed stream crossings at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3821 (GC3821).
The Certification(s) allows you to use Nationwide Permit(s) NW29 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 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:
d `fers Stormwater. Ella,', t- ., ? i ,j'.5
1 J f:1a11 Service Center RA it tl )r?
Phone 5+19M7-03011FAX tit i
I iteroet http i portal ncdenr rig I) v:
An Fqiua Opportunity Affirmative A,
Mr. Stanley John Novak and Eileen Margaret Novak
Page 2 of 4
June 23, 2011
Type of Impact Amount Approved (Units) Plan Location or Reference
Stream - intermittent 40 (linear feet) PCN page 4 of 10
Buffers Zone 1 1,200 (square ft.) PCN page 5 of 10
Buffers Zone 2 800 (square ft.) PCN page 5 of 10
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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 structures. All sediment and erosion control
devices shal l 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. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0259(5)
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;