20080548 Ver 1_Approval Letter_20080428

Q~Q~ W A TFi9pG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
~ ~
O '< Coleen H. Sullins, Director
Division of Water Quality
Apri128, 2008
DWQ Project # 08-0548
Nash County
Mr. Robert M. Murphy
Nash County Government
120 Washington Street, Suite 3072
Nashville, NC 27856
Subject Property: Central Nash Water and Sewer District Water System Improvements
Ut to Tar River [030302, 28-(64.5), WSN, NSW]
Ut to Saphony Creek [030302, 28-55-(5.5), WSIV, NSW]
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. Murphy:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 238 linear feet of stream (15 linear feet perennial stream and 223 linear feet
intermittent stream), and 30,600 square feet of Zone 1 Neuse River basin protected riparian buffers and
20,400 square feet of Zone 2 Neuse River basin protected riparian buffers, as described in your
application dated February 15, 2008, and received by the Division of Water Quality (DWQ) on March 24,
2008, with additional information received from you on April 7, 2008, to upgrade the water and sewer
system at the site. 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) NW 12 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 1 SA
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
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/ncwetlands
N ne Carolina '
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Nash County Government
Page 2 of 4
April 28, 2008
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:
T e of Im act Amount A roved Units Plan Location or Reference
Stream - erennial 15 (linear feet) PCN a es 8 and 9 of 14
Stream -intermittent 223 (linear feet PCN a es 8 and 9 of 14
Buffers Zone 1 30,600 (s uare ft.) PCN a e 12 of 14
Buffers Zone 2 20,400 (s uare ft.) PCN a e 12 of 14
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 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;
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;

Nash County Government
Page 3 of 4
April 28, 2008
Miti ag tion:
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Im act Com ensato Miti ation Re uired River and Sub-basin Number
Buffer Zone 1 15,300 (s uare feet) Tar-Pamlico/03020101
7. Diffuse Flow
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 I SA 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.
8. 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.

Nash County Government
Page 4 of 4
April 28, 2008
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 Cyndi Karoly or Ian McMillan at 919-733-1786.
nay
Enclosures: GC 3699
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: USAGE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Brian Johnson, The Wooten Company, 129 N. Boylan Avenue, Raleigh, NC 27603
Filename: 080548CentralNash WaterAndSewerDistrictWatecSystemlmprovements(Nash)401_TPBR

O~O~ W A T ~qQG
~ ~ i ~ --1
D `~ "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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with I SA NCAC 2H.0500, Mr. Robert Murphy and the Nash County Government, have permission
as outlined below to fill or otherwise impact 238 linear feet of stream (15 linear feet perennial stream and 223
linear feet intermittent stream), and 30,600 square feet of Zone 1 Neuse River basin protected riparian buffers and
20,400 square feet of Zone 2 Neuse River basin protected riparian buffers, to upgrade the water and sewer system
at the site, which is located throughout Nash County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20080548
LOCATION: Thoughout Nash County
COUNTY Nash
BASIN/ SUB BASIN Tar-Pamlico
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
5,100 S uare Feet Zone 1 Buffers 15,300 S uare Feet Zone 1 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 080548CentralNash WaterAndSewerDistrictWaterSystemlmprovements(Nash~01_TPBR_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250,. Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
None Carolina
~~ura!!y
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