20130182 Ver 1_Approval Letter_20130320

A W*
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla I I I
Governor Director Secretary
March 20, 2013
DWQ Project #13 -0182
Wayne County
Noble D. Hudson
558 Lake Wackena Road
Goldsboro, NC 27534
Subject Property. Noble Hudson Pier
Lake Wackena [NEU05, 27 -68, C; NSW]
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. Hudson;
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0032 acres of waters and 180 square feet of Zone 1 and 120 square feet
of Zone 2 of the protected riparian buffer for the purpose of constructing a pier and 6 -foot wide access
way to your pier at the subject property, as described within your application dated February 19, 2013
and received by the N.C. Division of Water Quality (DWQ) on February 27, 2013. This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .0233. The impacts proposed in the application are covered by General Water Quality
Certification Number(s) 3883 (GC3883). The Certification (s) allows you to use Regional Permit
Number 197800056 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 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=waterguality.gM
943 Washington Square Mall Phone: 252 - 946 -6481
Washington, NC 27889 FAX [phone]
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Noble D. Hudson
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 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 Jr), 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) supersede 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, operation, and maintenance of sediment and erosion control Best Management
Amount Approved
Plan Location or
Units
Reference
Waters
0.0032 acres
PCN Application Page 5
Buffers
180 (square ft.) Zone 1
PCN Application Page 5
120 (square ft.) Zone 2
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 Jr), 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) supersede 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, operation, and maintenance of sediment and erosion control Best Management

Noble D. Hudson
Page 3 of 4
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
4. No Sediment & Erosion Control Measures wln 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 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.
5. 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.
6. 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.
7. The applicantlpermittee 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.
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

Noble D. Hudson
Page 4 of 4
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 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 Anthony Scarbraugh of the Washington Regional Office at
252 -938 -3917 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting
(Webscape) Unit at 919- 807 -6360.
Sincerely,
For Charles Wakild, P.E.
Enclosures: GC 3883
Certificate of Completion
cc: Emily Greer, USACE Washington Regulatory Field Office
DWQ Webscape Unit
File Copy
Filename: 13-0182—Noble Hudson._BBA 3883_approvallas