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Home My WebLink About20120080 Ver 1_Approval Letter_20120305, AV, HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary March 5 2012 DWQ Project # 12 0080 Chatham County Wildlands Engmeerm, Inc Attn John Hutton 5605 Chapel Hill Road Suite 122 Raleigh NC 27607 Subject Property Underwood Mitigation Site South Fork Cane Creek [030604 16 28 5 WS V NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Sit You have our approval in accordance with the attached conditions and those listed below to place fill within or otherwise impact 8 837 linear feet of stream channel (temporary impacts) as described within your application dated January 27 2012 received by the N C Division of Water Quality (DWQ) on January 30 2012 for a mitigation bank After reviewing your application we have decided that the 404/401 impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689) The Certification(s) allows you to use Nationwide Permit(s) NW27 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 Lis 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 -vou 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 tollowung 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 NorthCarolma ,1Xatumlly North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service Inter et wew✓ ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 6236748 An Equal Opportun ty /Afirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 _Type of Impact I Amount 1 pproved Units) Plan Location or Reference Stream S 8.)7 (linear feet) tem orary impacts PCN Application page 4 of 10 Sedime it 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 -nd sediment control measures for the project must be designed installed operated and maintained in accordance «ith the most recent , erston of the North Carolina Sediment and Erosion Control Planting and Design YVanual b The design installation operation and maintenance of the sediment and erosion control measures i lust be such that they equal or exceed the requirements specified in the most recent version of the [forth Caroh is 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 stabilvation and /or repair of erosion control measures and stormwater routing and t eatment shall be on site at all times 3 No waste spoil solids or fill of any Lind 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 desi &n and placement of temporary erosion control measures shall not be conducted in a manner that may result in di, 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 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 activitie,, to ensure compliance with 15 NCAC 2H Section 0500 6 Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC 2H 0506(a)) The issuance does not represent an approval of credit yield for the project The planting plan included in the restoration plan includes the plantmg of tag alder (Alnus serrulata) The amount /percentage of alder was not indicated DWQ acknowledges that tag alder is a natural component of riparian areas and wetlands throughout North Carolina However this species fixes nitrogen and the downstream waters have a supplemental classification of NSW (nutrient sensitive waters) An alternative woody riparian species should be selected or the amount of alder should be minimized to no more than 5% of the stems planted Page 3 Certificate of Completion 8 Upon coriplCLion of all «ork approved within the 401 Vl ater 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 Also, this approaa] 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 ci vil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in voui application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit If you wish to cortest ary 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 v� ith 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 Hearmgs 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 Administratne 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 tiled this Certification shall be final and binding Page 4 This letter complaes 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 Enclosures GC3689 Certificate of Completion cc USACE Raleigh Regulatory Field Office WeBSCaPe File Copy — 1650 Mail Service Center RRO File Copy r l Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Filename 12 0080_Underwood Mitibation Site_401—Approval