20071987 Ver 1_Approval Letter_20080130

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City of Greenville North Carolina
Attn: David Brown
1500 Beatty Street
Greenville, NC 27834
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
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
January 30, 2008
DWQ Project # 07-1987
Pitt County
Subject Property: South Tar River Greenway
Tar-Pamlico Basin, Tar River
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 Mr. David Brown:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.173 acres of wetlands and 198045
square feet (ft2) of protected riparian buffers for the purpose of constructing a three mile
greenway pedestrian hiking trail at the subject property, as described within your
application dated November 29, 2007 and received by the N.C. Division of Water
Quality (DWQ) on December 4, 2007. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s)
3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 42 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 2B .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 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: h2o,enr.state.nc.us
943 Washington Squaze Mall Phone: [phone] Ile
Washine on, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110°/° Post Consumer Paper ~aturall~

Applicant:
Page 2 of 4
Date:
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:
Amount Approved Plan Location or
Units Reference
Stream na feet na
404/CAMA 0.173 (acres) Plat provided with
Wetlands a lication
Waters na acres na
Buffers 70,997 (square ft.) Plat provided with
Zone 1 application
127,048 (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 Sun`ace Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind

Applicant:
Page 3 of 4
Date:
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.
4. 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.
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. Diffuse Flow (No 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
2B .0259 (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. 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.
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.

Applicant:
Page 4 of 4
Date:
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 1506 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. 1506.
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 Kyle Barnes of
the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401
Oversight/Express Unit at 919-715-4631.
Sincerely,
AI Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3705
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 07-1987