HomeMy WebLinkAbout20121064 Ver 1_Approval Letter_20121220A7
HCDE VR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Amanda Garris
1802 SW Greenville Boulevard
Greenville NC 27834
Charles Wakild, P. E.
Director
December 20, 2012
Subject Property: Manning Square
Greens Mill Run [03020103, 28 -96; C, NSW]
Dee Freeman
DWQ Project # 12 -1064
Pitt County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar -
Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Ms. Garris:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.02 acres of wetlands, 30 feet of streams
and 3073 square feet (ft2) of protected riparian buffers (1844 ft2 of Zone 1 and 1229 ft2 of
Zone 2) for the purpose of installing a 10" sanitary sewer main at the subject property,
as described within your application dated October 31, 2012 and received by the N.C.
Division of Water Quality (DWQ) on November 19, 2012. The impacts described in your
application are covered by General Water Quality Certification Number(s) 3884
(GC3884). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by
the US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0259, 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 2W .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 riewaterquality.org
943 Washington Square Mall Phone: 252- 946 -6481 One
Washington, NC 27889 FAX 252 -946 -9215 NofthCarofina
An Equal Opportunity /Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturally
Page 2 of 4
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
of her impacts are approved including incidental impacts:
2. No Impacts Beyond those in Application
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.
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:
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.
Amount Approved (Units)
Plan Location or
Reference
Stream
30 feet
PCN page 4 of 10
404 /LAMA
Wetlands
0.02 (acres)
PCN page 4 of 10
Waters
(acres)
Buffers
1844 (square ft,) Zone 1
1229 (square ft.) Zone 2
PCN page 6 of 10
2. No Impacts Beyond those in Application
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.
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:
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.
Page 3 of 4
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. Handling of wetland soils within utility corridors
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be
placed on fabric to minimize impacts whenever possible. Topsoil excavated from
utility trenches will be piled separately from subsoils and will be backfilled into the
trench only after the subsoils have been placed and compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the utility
and cut remaining stumps off at grade level.
The general stripping of topsoil within wetlands along the utility corridor is not
permitted.
6. 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.
7. 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.
Page 4 of 4
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 150B 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
with the approved buffer impacts) shall be
decision. The Director's decision is subject to
G.S. 150B.
this Authorization Certificate (associated
referred in writing to the Director for a
review as provided in Articles 3 and 4 of
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act and the Tar- Pamlico riparian buffer protection rule as described within
15A NCAC 2B .0259. If you have any questions, please telephone Roberto Scheller of
the Washington Regional Office at 252- 946 -6481 or Karen Higgins of the Wetlands,
Buffers, Stormwater, Compliance and Permitting (Webscape) Unit at 919- 807 -6360.
Sincerely,
For Charl Wakild, P.E.
Enclosures: Certificate of Completion
GC 3884
cc: Corps of Engineers Washington Field Office
DWQ 401 Webscape
DEMLR, WaRO
File copy
William Malpass, Malpass & Assoc. 1645 E. Arlington Blvd. Suite D Greenville
NC 27858
Filename: 12- 1064_ ManningS qua re _3884_approval /aa/rs