20110706 Ver 1_Approval Letter_20110824

WDENR
liNorth Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 24, 2011
City of Greenville
Parks & Recreation Department
2000 Cedar Lane
Greenville NC 27835
Subject Property: Evans Park Improvements, Phase I & II
Greens Mill Run [TAROS 28-96; C, NSW]
DWQ Project # 11-0706
Pitt County
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 City of Greenville:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0 acres of wetlands, 188 linear feet of
streams, permanently impact 584 square feet (ft2) of Zone 1 and 448 square feet (ft2)of
Zone 2 and temporarily impact 11,700 square feet (ft2) of Zone 1 and 3,500 square feet
(ft2)of Zone 2 of the protected riparian buffers for the purpose of performing stream
restoration/stabilization and floodplain benches, replacing pipes, providing rip-rap
stabilization, and installing a park walking trail at the subject property, as described
within your application dated July 15, 2011 and received by the N.C. Division of Water
Quality (DWQ) on July 28, 2011. The impacts described in your application are covered
by General Water Quality Certification Number(s) 3689 (GC3689). The Certification (s)
allows you to use Nationwide Permit(s) 13 & 27 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.
North Carolina Division of Water Quality Internet: wA v.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportun4/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
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This approval is for the purpose and design that you described in your application.
Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit. 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 188 linear feet Sheets 9, 10, 17, 14
404/CAMA
Wetlands 0 (acres)
Waters 0 acres
Buffers 12,284 Zone 1(square ft.)
3,948 Zone 2 s uare ft. Sheets 9, 14
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.
i
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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 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. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved BMP measures from the most current version of NCDOT Construction and
Maintenance Activities manual such as sandbags, rock berms, cofferdams and other
diversion structures shall be used to prevent excavation in flowing water.
(http://www.ncdot.or,q/doh/-or)erations/BMP-manual/download/BMP Manual.pdf)
6. Culvert Installation
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 downstream of the
above structures. The applicant is required to provide evidence that the equilibrium shall
be maintained if requested in writing by DWQ.
7. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the top of
bank associated with the stream restoration and stabilization must be done in an "in
kind" manner immediately following construction. (Example: Disturbed areas with
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pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-
existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre-existing forest vegetation must be replanted
with forest vegetation including at least two different native hardwood tree species
at a density sufficient to provide 320 trees per acre at maturity. This density can
usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8
spacing) trees per acre.)
8. Soft Stabilization of Stream Banks
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or other
bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream
bed, unless specifically approved by the Division of Water Quality.
9. Protective Fencina
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;
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.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
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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 Tar-Pamlico riparian buffer protection rule as described within
15A NCAC 2B .0259. If you have any questions, please telephone Amy Adams of the
Washington Regional Office at 252-946-6481 or Ian McMillan of the WBSCP Unit at 919-
807-6364.
Sincerely
4
For Coleen H. ullins
Enclosures: Certificate of Completion
GC 3689
cc: Corps of Engineers Washington Field Office
DWQ WBSCP Unit
DLR, Pat McClain, WaRO
File copy
Becky Ward, Ward Consulting, 8368 Six Forks Rd. Suite 104 Raleigh NC
27615