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Home My WebLink About20111021 Ver 1_Approval Letter_20111215t ��® NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary December 15 2011 DWQ Project # 11 1021 E Edgecombe County dgecombe County Ann Josh Edmondson 201 Saint Andrew Street Tarboro NC 27886 Subiect Property Princeville Dike Flood Control Protect Deep Creek [030304 28 79 32 (1 5) WS IV NSW] Tar River Buffer Rule (15A NCAC 02B 0259) Authorization Certificate with additional conditions Dear Mr Edmondson You have our authorization in accordance with 15A NCAC 02B 0259 and any conditions listed below to impact approximately 2 456 ft of Zone 1 (permanent impacts) of the protected riparian buffers and 11 827 ft2 Zone 2 (permanent impacts) of the protected riparian buffers to secure a woody vegetated free buffer from the tow of the dike outward 15 ft as required by the USACE as described within your application dated November 21 2011 received by the Division of Water Quality (DWQ) on November 23 2011 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 regulations This authorization certification 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 authorization letter and is thereby responsible for complying with all conditions This authorization requires you to follow the 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 mciaentai impacts - Amount Approved Units Plan Location or Reference Zone 1 Buffers 2 456 (square ft) permanent impacts- PCN page 5 of 10 Zone 2 Buffers 11 827 (square ft )permanent impacts PCN page 5 of 10 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 North Carolina Division of Water Quality Internet www ncwaterquality org Raleigh Regional Office 1628 Mail Service Center NorthCarolma Naturall'm Surface Water Protection Phone (919) 791 -4200 Customer Service Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer -50/ Recycled /10/ Post Consumer Paper Page 2 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 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 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 without prior approval by 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 protect 5 Diffuse Flow Plan Approval 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 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 to ensure compliance with 15A NCAC 2B 500 7 Certificate of Completion Upon completion of all work approved within this authorization and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Any disputes over determinations regarding this Authorization (associated with the approved buffer Page 3 impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice for a decision You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the Director s decision 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 (919) 733 2698 Facsimile (919) 733 3478 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 This Authorization shall expire five (5) years from the date of this letter This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0259 If you have any questions please call Lauren Witherspoon at (919) 791 4251 This letter does not authorize any impacts to either Waters of the United States or Waters of the State Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to waters on this project J,,ncI Danny Smi Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures Certificate of Completion cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Filename 11 1021_Pnnceville Dike Flood Control Project—MR—Approval