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Home My WebLink About20110777 Ver 1_Approval Letter_20111102 � �� t� PICDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 2 2011 DWQ Pro�ect# 11 0777 Willtam Blount Wilson County WGB Properttes [nc P O Box 7226 Greenville NC 27835 Sub�ect Property Batts Farm II UT to Hominy Swamp [030407 27 57 6 C Sw NSW] AUTHORIZATION of Neuse Rrver Buffer Rule(15A NCAC 02B 0233)Authorizat�on Cerhficate Dear Mr Blount You have our author�zat�on m accordance w�th 15A NCAC 02B 0233 and any condtt�ons listed below to impact approx�mately 1 116 ftz of Zone 1 and 1 546 ftz of Zone 2 of the protected riparian buffers for the purpose of constructmg level spreader bypass channels at the sub�ect property as described withm your application dated June 27 2011 received by the Divts�on of Water Quality(DWQ)on August 18 2011 and add�ttonal �nformation received on October 14 2011 and October 24 2011 In add�t�on you should obtam or otherw�se comply with any other required federal state or local permits before you go ahead with your pro�ect mcludmg(but not limited to) Erosion and Sediment Control Non d�scharge regulations This authorizatton cert�fication is for the purpose and des�gn that you described m your appl�cat�on If you change your pro�ect you must notify us and you may be required to send us a new applicat�on If the property is sold the new owner must be given a copy of this author�zation letter and is thereby responsible for comply�ng w�th all cond�tions This author�zation requires you to follow the conditions listed below The Addrtional Cond�tions of the Cert�fication are 1 Impacts Approved The followmg impacts are hereby approved as long as all of the other spectfic and general cond�tions of this Certificat�on(or Isolated Wetland Permit)are met No other impacts are approved includmg �ncidental impacts Amount A roved Units) Plan Locat�on or Reference Zone 1 Buffers 1 116(s uare ft) PCN a e 5 of 10 Zone 2 Buffers 1 546 s uare ft PCN a e 5 of 10 �one hCarolina �atura!!y North Carolina Drv�sion of Water Quality Raleigh Regional O�ce Surface Water Protection Phone(919)791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919)788 7159 877 623 6748 An Equal Opportunity/Affirmatroe Acbon Employer—50/ Recycled/10/ Post Consumer Paper Page 2 � 2 Erosion & Sediment Control Pract�ces Erosion and sed�ment control practices must be �n full compliance with all specifications govern�ng the proper design mstaltat�on and o�serahon and maintenance of such Best Management Pract�ces m order to protect surface waters standards a The erosion and sed�ment control measures for the proJect must be des�gned mstalled operated and matntatned in accardance with the most recent version of the North Carohna Sedrment and Erosron Control Plannrng and Desagn Manual b The design tnstallat�on operation and maintenance of the sedtment and eros�on control measures must be such that they equal or exceed the requ�rements spec�fied �n the most recent version of the North Carolena Sedrment and Erosron Control Manual The devices shall be ma�ntamed on all construction s�tes borrow s�tes and waste pile(spoil)pro�ects mcludmg contractor owned or leased borrow prts assoc�ated with the pro�ect c For borrow pit sites the erosion and sedtment control measures must be designed installed operated and mainta�ned �n accordance with the most recent version of the North Carolina Surface M�nrng Manual d The reclamat�on measures and tmp(ementat�on must comply with the reclamat�on tn accordance w�th the requ�rements of the Sedimentation Pollution Control Act 3 No Waste Spo�l Sol�ds or Fill of Any Kind No waste spoil solids or fi(1 of any kmd shall occur m wetlands waters or r�parian areas beyond the footprmt of the �mpacts dep�cted in the Pre Construct�on Notificat�on All construct�on activit�es �ncludmg the des�gn mstallation operat�on and matntenance of sediment and eros�on control Best Management Pract�ces shali be performed so that no v�olations of state water quality standards statutes or rules occur 4 No Sedtment& Erosion Control Measures w/n Wetlands or Waters Sed�ment and erosion control measures shall not be placed tn wetlands or waters w�thout pr�or approval by the Div�sion If placement of sediment and eros�on control devtces in wetlands and waters �s unavotdable des�gn and placement of temporary eros�on control measures shall not be conducted in a manner that may result m dis equilibnum of wetlands or stream beds or banks ad�acent to or upstream and down stream of the above structures All sediment and erosion control devices sha(1 be removed and the natural grade restored withm two(2)months of the date that the Division of Land Resources or Iocally delegated program has released the pro�ect 5 D�ffuse Flow Plan Approval The diffuse flow plan approved by th�s office cons�sts of two levei spreaders and vegetated filter str�ps and atl assoc�ated stormwater conveyances the grad�ng and drainage patterns dep�cted on plan sheets dated July 2010 and received by the DWQ on August 18 2011 No changes to the level spreader engineered filter strip shall be made w�thout wr�tten author�zation from the DWQ The diffuse flow devices shall have ma�ntenance access and at least a 10 foot dramage easement on each s�de to allow for the ab�lity to maintam the structures and to perform corrective act�ons The stormwater easements shall be recorded to provtde protect�on of the structures from potenttal alterat�ons by future property owners The approved diffuse flow must be maintained rn perpeturty in accordance with LS VFS operatton and mamtenance(O& M)agreements signed by Mr Wtlliam G Blount(President WGB Propert�es)on September 19 2011 The O& M agreements must transfer with the sale of the property or transfer of ownership/respons�b►I�ty for the 8MP fac�lit�es DWQ must be not�fied promptly of every transfer Page 3 Y 6 Protective Fencing The outs�de buffer wetland or water boundary and along the construction corridor w�th�n these boundar�es approved under this author�zat�on shall be clearly marked with orange warnmg fenc�ng (or s�milar high visibility mater�al) for the areas that have been approved to mfringe within the buffer wetland or water prtor to any land dtsturbmg activit�es to ensure compltance with 15A NCAC 2B 0233 7 Certificate of Complet�on Upon completxon of all work approved withm this author�zat�on and any subsequent modtficat�ons the appl�cant�s required to return the attached cert�ficate of complet�on to the Wetlands Buffers Stormwater Compliance and Perm�tt�ng Unrt North Carol�na D�viston of Water Quality 1650 Ma�l Serv�ce Center Rale�gh NC 27699 1650 8 Deed Notificat►ons Deed not�ficat�ons or s�milar mechanisms shall be placed on all retamed�urisdictional wetlands waters and protective buffers in order to assure compliance for future wetland water and buffer impact These mechan�sms shall be put�n place at the ttme of recordmg of the property or of md�vidual lots wh�chever is appropriate A sample deed notification can be downloaded from the Wetlands Buffers Storrnwater Compl�ance and Permitt�ng Unrt web srte at http//portal ncdenr org/web/wq/swp/ws/401/certsandpermits/apply/forms The text of the sample deed notification may be modified as appropr�ate to suit to this pro�ect Any disputes over determinat�ons regardmg thts Author�zation(associated wtth the approved buffer �mpacts)shall be referred m writing to the Director wrthm thirty(30}days of rece�pt of this notice for a dects�on You can contest the Director s decision as provided �n Art�cles 3 and 4 of G S 150B To contest the D�rector s dec�s�on you must file a pet�tion for an admm�strat�ve hearmg You may obtam the petition form from the office of Admm�stratrve hearings You must file the pet�tion with the office of Admm�stratrve Hearmgs withm s�xty(60)days of recetpt of this notice A pet�tion is considered filed when it is received in the office of Admm�strative Hearmgs durtng normal office hours The Office of Admmistrative Hearings accepts filmgs Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one(1)copy of the pet�t�on must be filed w�th the Office of Adm�nistrative Hear�ngs The pet�tion may be faxed provided the or�gtnal and one copy of the document is received by the Office of Admmtstratrve Hearmgs withm five(5) busmess days following the faxed transmission The mailing address for the Office of Admm�strative Hearings is Offtce of Adm�nistrative Hearings 6714 Mail Serv�ce Center Raleigh NC 27699 6714 Telephone (919) 733 2698 Facs�mile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompsdn General Counsel Department of Environment and Natural Resources 1601 Mail Servtce Center Rale�gh NC 27699 1601 Th�s Author�zation shall exp�re five(5)years from the date of this letter Page 4 r This letter completes the review of the No Practical Alternatrves determ�nation under 15A NCAC 2B 0233 If you have any questtons please call Lauren Witherspoon at(919) 791 4251 This letter does not authorize any �mpacts to e�ther Waters of the United States or Waters of the State Please contact the US Army Corps of Eng�neers(USACE)or NC D�viston of Water Qualtty(DWQ) if any �mpacts are proposed to either of these waters i Since e(y � � �` �. /�'1� C� /'� �'I Danny Smith Surface Wate Protect�on Sect�on Superv�sor Raletgh Re onal Office Enclosures Cert�ficate of Completion cc DWQ Central Office—WeBSCaPe— 1650 Ma�l Serv�ce Center RRO File Copy Ron Sutton—Hernng Sutton and Associates P A 2201 Nash Street NW Wilson NC 27896 F�lename 11 0777_Batts Fann II_NBR Approval