20120306 Ver 1_Approval Letter_20120411

'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
April 11, 2012
Harvey L. Rouse, Jr.
988 NC Highway 58 North
Trenton, NC 28585
DWQ Project # 12 -0306
Jones County
Subject Property: Harvey L. Rouse, Jr. Access Road
UT to Trent River [N EU 1 1, 27- 101 -(10, NSW, C, Sw]
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. Rouse:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.2254 acres of wetlands, 72 linear feet of
streams and 4,600 square feet (ft2) of protected riparian buffers (2,760 ft2 of Zone 1 and
1,840 ft2 of Zone 2) for the purpose of access road at the subject property, as described
within your application dated March 15, 2012 and received by the N.C. Division of
Water Quality (DWQ) on March 29, 2012 with additional information received on April
10, 2012. The impacts proposed in the application are covered by General Water
Quality Certification Number(s) 3886 (GC 3886). The Certifications) allows you to use
Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers (USACE). 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,
and Non - discharge 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 CAMA 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
one
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 incidental impacts:
2. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you intend to purchase credits from the
Environmental Banc &Exchange Mitigation Bank in Jones County as described in
your application to meet this mitigation requirement. This contribution has been
determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until Environmental Banc & Exchange Mitigation Bank received
and clears your check, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment into the
Environmental Banc & Exchange Mitigation Bank to meet the following
compensatory mitigation requirement:
Type of
Impact
Amount Approved
Plan Location or
Stream
Units
Reference
Stream
72 (feet)
Plat included with
Waters
acres
a lication
404 Wetlands
0.2254 (acres)
Plat included with
applicat ion
Waters
acres
Buffers
4,600 (square ft.)
Plat included with
(2,760 ft2 of Zone 1 and
application
1,840 ft2 of Zone 2
2. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you intend to purchase credits from the
Environmental Banc &Exchange Mitigation Bank in Jones County as described in
your application to meet this mitigation requirement. This contribution has been
determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until Environmental Banc & Exchange Mitigation Bank received
and clears your check, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment into the
Environmental Banc & Exchange Mitigation Bank to meet the following
compensatory mitigation requirement:
Type of
Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
feet
Wetlands
0.165 acres
03020204
Waters
acres
Riparian Buffer
(square feet
3. 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:

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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.
4. 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.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
6. Placement of Culverts
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may
result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and down .stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.

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7. If concrete is used during the construction, then a dry work area should be
maintained to prevent direct contact prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH
and possible aquatic life /fish kills.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area.
Approved best management practices from the most current version of the NC
Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
9. "Re- opener" Clause
The applicant /permittee and their authorized agents shall conduct its activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, then the Division may
reevaluate and modify this General Water Quality Certification.
10. 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 401 Oversight/ Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650.
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.
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 1508 of the North Carolina General
Statutes 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.
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a

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decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
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 Amy Adams of the
Washington Regional Office at (252) 948 -3917 or Ian McMillan of the Wetland, Buffer,
Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6364.
Sincerely,
For C
Enclosures: Certificate of Completion
GC 3886
cc: William Wescott, Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
DLR, Pat McClain, WaRO
File copy
Filename: 12- 0306_Harvey L. Rouse, Jr. Access Roo d_3886_Approval /aa