20110784 Ver 1_Approval Letter_20111017

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
October 17, 2011
DWQ Project # 11-0784
Nash County
Robert M. Murphy
120 W. Washington Street, Suite 3072
Nashville, NC 27856
Subject Property: Central Nash Water and Sewer District - Water System Improvements - Phase 4
Toisnot Swamp (Silver Lake, Lake Wilson) [27-86-11-(1), NSW; WS-III]
Beaverdam Swamp [27-86-11-3, NSW; WS-III]
Juniper Creek [27-86-6-2, NSW; C]
Tar River [28-(34.5), NSW; WS-IV]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) and Authorization Certification per the Tar-Pamlico Buffer Protection
Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 140 linear feet of intermittent stream (temporary impacts) and 10 linear feet of perennial stream
(temporary impacts), 1124 square feet of Zone 1 Neuse River basin protected riparian buffer (temporary impacts),
647 square feet of Zone 2 Neuse River basin protected riparian buffer (temporary impacts), 1597 square feet of
Zone 1 Tar River basin protected riparian buffer (temporary impacts), 893 square feet of Zone 2 Tar River basin
protected riparian buffer (temporary impacts) to install a new water system including an elevated water storage
tank and booster pump station that will replace existing service through traditional wells as described within your
application dated June 2, 2011 and received by the N.C. Division of Water Quality (DWQ) on August 18, 2011
and additional information received on October 11, 2011. After reviewing your application, we have decided that
the 404/401 impacts are covered by General Water Quality Certification Number(s) 3819 (GC3819). The
Certification(s) allows you to use Nationwide Permit(s) NW 12 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, Non-
discharge, and other regulations.
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.ncwaterquality.org
NorthCarolina
Naturally
Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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The Additional Conditions of the Certification are:
Conditions of Certification:
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:
-Type of Impact Amount Approved Units Plan Location or Reference
Intermittent Stream 140 (linear feet) temporary impacts PCN Application Appendix A Stream Impact Table
Perennial Stream 10 (linear feet) temporary impacts PCN Application Appendix A Stream Impact Table
Buffer Zones 1-Neuse River 1124 (square feet) temporary impacts PCN Application Appendix D Table of Buffer
Impacts
Buffer Zones 2-Neuse River 647 (square feet) temporary impacts PCN Application Appendix D Table of Buffer
Impacts
Buffer Zones 1-Tar River 1597 (square feet) temporary impacts PCN Application Appendix D Table of Buffer
Impacts
Buffer Zones 2-Tar River 893 (square feet) temporary impacts PCN Application Appendix D Table of Buffer
Impacts
Sediment and Erosion Control:
2. 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.
3. 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 404/401 Permit Application. 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. 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;

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5. Protective Fencing - The outside 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 wetland or water prior to
any land disturbing activities to ensure compliance with 15 NCAC 211, Section .0500;
Certificate of Completion:
6. Upon completion of all work approved within the 401 Water Quality Certification and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the WeBSCaPe Unit,
North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
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 wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
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 Lauren Witherspoon in the Raleigh Regional Office at 919-791-4251.
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Danny Smit
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC3819
Certificate of Completion
cc: DLR Regional Office
Thomas Brown, USACE Raleigh Regulatory Field Office
WeBSCaPe File Copy - 1650 Mail Service Center
RRO File Copy
W. Brian Johnson, The Wooten Company, 120 N. Boylan Ave., Raleigh, NC 27603
John A. Core, The Wooten Company, 120 N. Boylan Ave., Raleigh, NC 27603
Filename: \2011 401s-BAs 8-1-11 through 10-31-11\11-0784 Central Nash Water Sewer 401 TPBR Approval doc