20072002 Ver 2_Approval Letter_20120619

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Walkild, P. E. Dee freeman
Governor Director Secretary
June 19, 2012
Cify of Kinston
Attn: Steve Miller
PO Box 339
Kinston NC 28502
DWQ Project # 07-2002V2
Lenoir County
Subject Property: Massey Drive Streambank Restoration/ Stabilization
Meuse River Basin
Approval of 401 Water Quality Certification and Authorization Certificate per the Ieuse
River Buffer Protection Rules (15A NCAC *0233) with Additional Conditions
Dear Mr. Miller:
You have our approval.. in accordance with the attached conditions and. those listed
below, to place fill within or otherwise impact 780 feet of streams and 43,995 square
feet (ft) of protected riparian Duffers for the purpose of regrading stream banks,
installation of permanent erosion control matting along the #yanks, installation of two
plunge pools in the stream bed and the construction of 120 linear feet of retaining wall
at the subject property, as described within your application latex! April .. 2012 and
1 .
received by the N.C. Division of eater Quality (w) on June 15, 2012. The impacts
proposed in the application are' covered by General water Quality Certification
Number(s) 3885 (GC3885). The Certification(s) allows you to use Nationwi de Permit(s)
NW1 3 when issued by the US Army Corps'of Engineers (USAGE). This letter shall also act
as your a p proven! .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 LAMA Permit.
This approval is for the purpose and design that you described in your application.
Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit. If you change your project, you must notify us and
you may be re . wire d 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
Forth Carolina Division of Water Quality intemot: ww.nc w+ terquali!.y,org One
943 Washington Square Mall Phone: 252 - 946 -6481
Washington, 2'7889 FAX [phone]'15 N6fthCarohna
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Page 2 of 4
future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation' may e' required as described in 1 A . I CAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any
additional conditions listed below.
The l iti n al Conditions of the Certification care:
i . Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification for Isolated Wetland Permit are met. No
other impacts are approved including incidental impacts:
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;
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 measur.es must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erasion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -awned or leased borrow pits associated with the project.
c. For Morrow 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 rust comply with the
reclamation in accordance with, the requirements of the Sedimentation
Pollution Control Act.
Amount Approved (Units)
Plan Location or
Reference
Stream
feet
Plats shitted with PCI
4 4 LAMA
Wetlands
(acres)
Waters
acres
Buffers
43,995 (square ft.) Zane 1
Plats submitted with PCi
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;
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 measur.es must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erasion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -awned or leased borrow pits associated with the project.
c. For Morrow 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 rust comply with the
reclamation in accordance with, the requirements of the Sedimentation
Pollution Control Act.

Page 3 of
3. No waste, Spoil, Solids, or Fill of Any bind
No waste, spoil, solids, or fill of any bind 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 grater quality standards, statutes, or rules
occur.
4. No Sediment & Erosion Control Measures wn Wetlands or waters
Sediment and erosion control measures shall not be placed in wetlands or graters to
the. maximum extent practicable. If plaaem.ent 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. Buffer replanting
Replanting of vegetation within disturbed areas located within 30 feet of the
shoreline or aoastalr,wetlard (whichever is more landward) associated with
streambank stabilization installation,, repair, replacement and/or maintenance must
be alone in n."in kind" manner immediately following construction. (Example:
Disturbed ed areas with pre-existing grassed lawns must be replanted with grass.
Disturbed areas with pre-existing trees or woody vegetation must be replanted with
trees and woody vegetation. Eistrled areas with pre- existing forest vegetation
rust be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 320 trees per acre at
maturity. This density aah usually be achieved by planting. approximately 436 (10 x
10 spacing) to 681 (8 x 8 spacing) trees per acre.)
6. Certificate of Completion
Upon completion of all work approved within the 401 Wafer 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, .forth Carolina Division of water duality, 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 LAMA
Permit.

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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 ad j diaatory hearing. You
rust 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 150E of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 flail 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
decision. The Director's decision is subject to revie w as provided in Articles 8 and 4 of
G.S . 15B.
This letter completes the revie w of the Division of Water Quality under Section 401 of the
Clean Water Act and the f e se riparian buffer protection rule as described within 15A
NCAC 2B .0288. If you have any questions, please telephone Army Adams of the
Washington Regional Office at 252- 948 -8917 or Ian McMillan of the Wetland, Buffer,
Storm water, Compliance and Permitting (Webscape) Unit at 919- 807 -6864.
Sincerely,
For Charles a ifd, �P.7E.'
Enclosures: Certificate of Completion
GC 8885 .
cc: William Wescott, Corps of Engineers Washington hington Regulatory Field Office
DWQ v ebsca e Unit
DLR, Pat McClain, WaRo
File copy
Michelle Clements-The East Group PO Box 7805 Greenville NC 27885
Filename: 0 7- 2v2_Cityoflein sto n_38 5_Approva1 as