HomeMy WebLinkAbout20081235 Ver 1_Approval Letter_20130118A- a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 18, 2013
Mr. Doug Hughes
Weyerhaeuser NR Company
211 Armstrong Road
Columbia MS 39429
DWQ Project # 08 -1235
Craven County
Subject Property: Brice Creek Mitigation Bank
Brice Creek [NEU10 27- 101- 40 -(1); 03020204; NSW, C, Sw]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hughes:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 6.67 acres of of open waters for the purpose of restoring and enhancing
non - riverine wetlands at the subject property, as described within your application dated December 6,
2012 and received by the N.C. Division of Water Quality (DWQ) on December 12, 2012. After reviewing
your application, the proposed impacts are covered by General Water Quality Certification Number(s)
3885 (GC3885). The Certification(s) allows you to use Nationwide Permit(s) 27 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 and Non - discharge. 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.newaterguality.org
943 Washington Square Mall Phone: 252- 946 -6481
Washington, NC 27889 FAX 252- 946 -9215
An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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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. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
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 and authorized by this written
approval, including incidental impacts. All construction activities, including the design, installation,
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
(acres)
Waters
6.67 (acres)
PCN page 7 of 13
Buffers
(square ft.)
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
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 and the
Mining Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion
control requirements.
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 and authorized by this written
approval, including incidental impacts. All construction activities, including the design, installation,
Page 3 of 5
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then 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 devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resources has
released the project.
5. 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.
6. No Approval of Credit Yield
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.
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.
8. The applicant /permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law. If the Division determines that such standards or laws are not being met, including 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.
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.
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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 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act 15A NCAC 02H..0500. If you have any questions, please telephone Amy Adams of the Washington
Regional Office at 252 - 948 -3917 or Eric Kulz of the Wetlands, Buffers, Stormwater, Compliance &
Permitting Unit at 919 - 807 -3467
Sincerely,
amy, awaM4-11�
For Chuck Wakild, P.E.
Enclosures: Certificate of Completion
GC 3885
cc: Corps of Engineers Washington Regulatory Field Office
DWQ Webscape Unit
Eric Kulz, Webscape Unit (via Email) eric.kulz @ncdenr.gov
DEMLR, Pat McClain, WaRO
File copy
Kim Williams (via Email) kwilliams @lmgroup.net
Filename: 08- 1235_ BriceCreekMitigationBank _3885_Approval