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Home My WebLink About20230980 Ver 2_Approval Letter_20231214 (2)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 14, 2023 DWR # 20230980 v2 Pitt County City of Greenville Lisa Kirby 1500 Beatty Street Greenville, NC 27834 Delivered via email to: Ikirbv@greenvillenc.gov Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Cedar Lane Stabilization, 35.593901,-77.347947 Dear Ms. Kirby, You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) on December 14, 2023. These impacts are covered by the Washington Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, if all the Conditions listed below, and all the conditions of the Washington Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Buffers —Zone 1 Site 1 / Reedy Branch / 23,695 (square feet) 0 (square feet) Stream Bank Stabilization Buffers — Zone 2 Site # / Feature ID / 0 (square feet) 0 (square feet) Purpose D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 111 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH C of Envi A 919.707.9000 DepaMmem M Envlronmen�al Daal� Cedar Lane Stabilization DWR# 20230980 v2 Buffer Authorization Certificate Page 2 of 4 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state -regulated riparian buffer rules [15A NCAC 02B.0734]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. The designer or his designee shall supervise the installation of in -stream structures. [15A NCAC 02H .0506(b)(1) and (2)] Justification: Surface water quality standards require that conditions of water be suitable for all best uses provided for in state rules and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that conditions of the water are suitable for all best uses provided for in -state rule. 15A NCAC 02H.0506(b)(1) and (2) The permittee shall provide on -site supervision of stability work including, but not limited to bank re -sloping, culvert installation, in -stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(1) and (2)] Justification: Surface water quality standards require that conditions of water be suitable for all best uses provided for in state rules and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that the conditions of the waters are suitable for all best uses provided for in -state rule. 15A NCAC 02H.0506(b)(1) and (2). Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(3)] Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture ...more depending on classification), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 15A NCAC 02H.0506(b)(1) and (2). 4. This authorization exempts the Permittee from meeting Condition 11.9 in the attached General Certification #4134 for the placement of in -stream structure material into the Reedy Branch. The Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy equipment out of the stream channel. Only equipment that is being used to install structures may enter the stream channel. This exemption does not authorize the use of equipment within the stream channel for any other purpose such as a haul road, access, North Carolina Department of Environmental Quality I Division of Water Resources Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �' 919.707.9000 pepa"mem of EnvlmemeeW Uual� Cedar Lane Stabilization DWR# 20230980 v2 Buffer Authorization Certificate Page 3 of 4 streambank reshaping, etc. Equipment shall access the stream at the closest point possible to reduce impacts to the stream bed. Most stream flow shall be diverted around work areas along the stream banks such as toe protection and bank sloping. All reasonable steps must be taken to limit the amount of disturbance in the channel and therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. [15A NCAC 02H .0506(b)(1)] Justification: Surface water quality standards require that conditions of water be suitable for all best uses provided for in state rules and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 15A NCAC 0211.0506(b)(1) This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are outlined in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate by N.C.G.S 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any land or waters or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by this Authorization Certificate to possess any prescriptive or other right of priority concerning any other consumptive user. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR# 20230980 v2 expires. North Carolina Department of Environmental Quality I Division of Water Resources Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �' 919.707.9000 pepa"mem of EnvlmemeeW Uual� Cedar Lane Stabilization DWR# 20230980 v2 Buffer Authorization Certificate Page 4 of 4 This letter completes the Division's review under the Washington Riparian Buffer Rules as described in 15A NCAC 02B.0734. Please contact Paul Nyarko at 252-948-3845 or paul.nvarkol@deg.nc.gov if you have any questions or concerns. Sincerely, Plow T"" Roberts Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Todd Tripp, todd.tripp@eastgroup.com Billy Standridge, USACE, billy.w.standridge@usace.army.miI D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.7�7.9�� oepMeffl or EnHm�menmi o�si� 90133HS 33S-3NIl HO1tlW 7�k7/ ��ir�ygnp : I�`li/•jY% �:I I O=N€6mw V oom� Z J z Of m U QZ O H wQFQ O yN Z W LLl Z m J Z W W W U 0 Qj wp0 'Z aiwmoz �a O �Ny ZO rc goD Y 3 Design Specification 13.1 GreenLoxx Non-MSE Living Wall 18 K u Figure 1 Engineering Design Drawing for Filtrexx GreenLoxx° Non-MSE Living Wall FLW 20 GEOGRID OR OTHER DESIGN STRENGI (FLW 35 OR FLW 55) GRIPPLE SOIL ANCHOR 3' MIN DEPTH OR OTHER ANCHOR STRENGTH AS PER ENGINEER _TREXX DETAIL B "E WILLOW 4KES OR dER PLANT TERIAL FROM __D OR FROM E PLUGS *NO GRID STRANDS ARE ALLOWED TO BE CUT IN ORDER TO INSERT PLANTS IN ANY CASE. fI i These graphic representations are intended for SCALE: I preliminary design purposes only and are not NONE GREENLOXX NON-MSE REINFORCED to be used for construction without the LIVING WALL DETAIL (STYLE 11 ■..- ... L. a! [ LQ G signature of a registered professional engineer. wo"M"J"M M R ■ ■+;; AL h�/+y�lAh}�ty'4yC EM�Ey�gT CCOMMISSION6C OF 23 � 2'�--� 1 fEt pa[r dbk 90 Filtrexx Design Manual I Version 11.0 Post -Construction Activities I Section 3. Living Walls ROY COOPERW Governor ELIZABETH S. BISERSecretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality DWR Project No: 20230980 v2 County: Pitt Applicant: City of Greenville Project Name: Cedar Lane Stabilization 401 Water Quality Certification Issued Date: 12/14/2023 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 this certificate to the DWR Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: if this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTHCAof Envir - oePanmem renmranmen'aiuvar 919.707.9000