The URL can be used to link to this page

Home My WebLink About20120057 Ver 1_Approval Letter_2012012541 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Governor Director January 25 2012 Dee Freeman Secretary DWQ Project # 12 0057 Town of Smithfield Johnston County Attn Mr Earl Botkin 350 East Market Street Smithfield NC 27577 Subject Property Town of Smithfield Tree Removal For Dredging Neuse River [030402 27 (39 7) NSW WS IV] Approval of Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B 0233) with Additional Conditions Dear Mr Botkin You have our approval in accordance with the conditions listed below to fill or otherwise ;Impact 588 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) and 224 square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts) for protection of existing uses as described in your application received by the Division of Water Quality (DWQ) on January 23 2012 (dated January 20 2012) This letter shall 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 and 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 Authorization are 1 Impacts Approved The following impacts are hereby approved Type of Im act ount Ann- -d (Uni Buffers Zone E2#224 (s uare ft) ermaner Buffers Zone (s uare ft ) permanen North Carolina Division of Water Quality Raleigh Regional Office Internet www ncwaterquality org 1628 Mail Service Center Plan Location or Reference PCN page 7 of 11 PCN page 7 of 1 I NorthCarolma Natll!'ll & 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 — 5o / Recycled /10 / Post Consumer Paper Page 2 2 Existing Spoil Area The footprint of the existing spoil area depicted in Exhibit 3 of Buffer Authorization application dated January 2012 must not be expanded in the Protected Riparian Buffer Zones (Zone I or Zone 2) unless appropriate approvals are obtained prior to expansion 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 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 Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 5 Sediment and Erosion Control Measures 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 6 Diffuse flow 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 1 -)A NCAC 2B 0233(5) or if this is not possible it is necessary to provide stormwater facilities that are considered to remove nitrogen 7 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 Page 3 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 15 NCAC 2H Section 0500 8 Notification of Project Commencement Please notify Lauren Witherspoon at (919) 791 4251 or lauren withersaoon@ncdenr gov of the proposed start date of the protect 9 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 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 OOam and 5 OOpm 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) 431 3000 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 Authorization shall expire rive (5) years from the date of this letter This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B 0233 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 Page 4 I/ Sincerel 1 y Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures Certificate of Completion cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Chris Thomson The Wooten Company 120 N Boylan Ave Raleigh NC 27609 Matt Echols The Wooten Company 120 N Boylan Ave Raleigh NC 27609 Filename \2012 \12 0057 TownOtSmithfieldTreeRemovalForDred m NBR Approval doc