HomeMy WebLinkAbout20201925 Ver 1_eno river prior 401cert ID# 20072154_20210119Michael F. Easley, Governor
William G. Ross Jr., Seerelary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 27, 2007
DWQ Project # 07-2154
Durham County
Mr. Mike Benteen
NC Wildlife Resources Commission
5031 Cambridge Oaks Drive
Matthews, NC 28104
Subject Property: Eno River Boating Access Area
Eno River [030401, 27-2-(20.5), WSIV, NSW, CA]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Benteen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within
or otherwise impact 10 linear feet of perennial and 0.00 square feet of Zone 1 Neuse River basin protected
riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers to install a
courtesy dock downstream of the existing boat ramp, and repair the existing parking lot and add a handicapped
parking space at the site, as described within your application dated December 15, 2007, and received by the
N.C. Division of Water Quality (DWQ) on December 17, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3687 (GC3687). The
Certification(s) allows you to use Nationwide Permit(s) GP56, when issued by the US Army Corps of
Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .0233. 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. 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 LAMA 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:
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:
401 Oversi htlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 I FAX 919-733-68931 Internet: httl2://h2o.enr.state.no.us/ncwellands
NC Wildlife Resources Commission
Page 2 of 3
December 27, 2007
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Stream - perennial
10 linear feet
PCN page 8 of l2
Neuse Buffers —Zone 1
0.00 (square feet)
PCN page I 1 of 12
Neuse Buffers — Zone 2
0.00 (square feet)
PCN page t 1 of 12
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 404/40 1 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 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. 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 get ivitiesto ensure conipliance.with_I5 NCAC 2H,
--- - Section .0500,
Certificate of Completion:
6. 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/Wetlands 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 CAIVIA 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.
NC Wildlife Resources Commission
Page 3 of 3
December 27, 2007
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 Genera4Statutes 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 and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-
1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-433-3303.
CHS/ijrn
Enclosures: GC3687
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sincerely,
oleen H. Sullins
1'i lename: 072154EnoRiverBAA(Durham)401_NBR