20080532 Ver 1_Approval Letter_20080403

~OF WATF9 p Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~ ~
O .~ Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
- Apr - - -__ ----____ _ -__ -._ . .
DWQ Project # 08-0532
Pitt County
Jack Allen
1074 Jack Jones Rd.
Winterville, NC 28590
Subject Property: Forest Road Access off of Old Tar Road
Fork Swamp, 030409, 27-97-4, NSW, C, Sw
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. Allen:
You have our approval, in accordance with the attached conditions and those listed below, to lace fill
within or otherwise impact 0.0032 acres of waters, 36 feet of streams and 1800 square feet (ft) of
protected riparian buffers for the purpose of constructing a road access at the subject property, as
described within your application dated March 20, 2008 and received by the N.C. Division of Water
Quality (DWQ) on March 25, 2008. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3704 (GC3704). The Certification(s)
allows you to use Nationwide Permit(s) 14 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 .0233. 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.
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 A roved (Units) Plan Location or Reference
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone] One
Washington, NC 21889 FAX [phone] NOY ChCC~TOI111C1
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled110% Post Consumer Paper ~atura!!~

Allen
Page 2 of 3
Stream 36 feet na
404/CAMA Wetlands na acres na
Waters 0.0032 acres na
Buffers 1800 s uare ft. na
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.
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. 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.
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.

Allen
Page 3 of 3
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.
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 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,
Al Hodge/Supe i ~._.__~..._..__.._..~
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3704
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
File copy
Central Files
File:08-0532