20071039 Ver 3_Approval Letter_20080616

O\O? W A T F9QG
r
>_ _ i =1
Q liii? "C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 16, 2008
DWQ Project # 07-1039, Ver. 3
Johnston County
Johnston County
c/o Mr. Carl Trautman
McKim & Creed
200 MacKenan Court
Cary, NC 27511
Subject Property: East Clayton and Wilson Mills Sewer Line - Phase I - MODIFICATION
_ut to Little Poplar Creek [030402, 27-41-1, WSIV, NSW]
Ut to Swift Creeek [030402, 27-43-(8), C, NSW]
Ut to Reedy Branch [030402, 27-43-14, 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 - REVISED
Dear Mr. Trautman:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.186 acres of 404/wetland, 147 linear feet perennial
stream, and 21,772 square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and
35,914 square feet (ft ) of protected Zone 2 Neuse River basin riparian buffer, as described in
your application dated December 4, 2007, and received by the Division of Water Quality (DWQ)
on December 4, 2007, with additional information received from you on December 10, 2007, to
construct the proposed sewer line improvements. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3699
(GC3699). The Certification(s) allows you to use Nationwide Permit(s) NW12 when issued by
the US Army Corps of Engineers (USACE). This Certification replaces the Certification
issued to you on December 12, 2007. Also, this letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .023_3.
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 approvfktto 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
Nj Carolina
?
401 Oversight/Express Review Permitting Unit c/VUtmnalllf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http•//h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Johnston County
Page 2 of 4
June 16, 2008
be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
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:
Type of Impact Amount A roved Units Plan Location or Reference
404/Wetland 0.144 (acres) PCN a e 5 of 12
Stream - perennial .., 147 (linear feet) PCN pages 5 and 6 of 12
Buffer -Zone 1 12,772 (square feet PCN page 10 of 12
Buffer - Zone 2 85,914 (square feet) PCN a e 10 of 12
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control Y
measures and stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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;
Johnston County
Page 3 of 4
June 16, 2008
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 213.0233 and GC 3625;
6. Diffuse Flow (No Further Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream as identified within 15A NCAC
213 .0233 (5). If this. is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. This may require additional approval from this
Office.
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.
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 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.
Johnston County
Page 4 of 4
June 16, 2008
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 Cyndi Karoly or Ian McMillan,?t 919-733-
1786.
CHSIUm
Enclosures: GC 3699
Certificate of Completion
cc: Christopher Bur4ardt, F&R, Inc., 310 Hubert Street, Raleigh, NC 27603
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 071039 Ver3 EastClaytonAnd W ilsonMillsSewerLinePhaseI(Johnston)101 _NBR_MOb_Revised