20081404 Ver 1_Approval Letter_20090407

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 7, 2009
DWQ Project # 2008-1404
Nash County
W.O. Baker, Jr. and Josiah D. Baker
5855 Old Carriage Road
Rocky Mount, NC 27803
Subject Property: Lake Wood Subdivision, Rocky Mount, NC
Tar River Reservoir [030302, 28-(63), WSIV, NSW, CA]
Approval of 401 Water Quality Certification and Authorization of the Tar-Pamlico Buffer Rule (15A
NCAC 2B.0259) with Additional Conditions-Modification
Gentlemen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.40 acres of open waters, 22,669 square feet of protected Zone 1 riparian
buffers and 4,569 square feet of Zone 2 protected riparian buffers for the purpose of constructing the
proposed canal, boardwalk, trails from the lots and walkway to the boat docks and fishing platform as
described within your application dated September 11, 2008, and received by the N.C. Division of Water
Quality (DWQ) on September 25, 2008, with additional information received on November 5, 2008,
December 12, 2008, December 29, 2008 and February 24, 2009. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3693
(GC3693). The Certification(s) allows you to use General Permit Number 30 when issued by the US
Army Corps of Engineers (USACE). 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 certification and authorization replaces the
certification and authorization issued for this project on April 1, 2009.
This buffer authorization and 401 certification 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 and authorization requires you to
follow the conditions listed in the attached certification and any additional conditions listed below.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolirla
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Wurally
An Equal Opportunity 1 Affirmative Action Employer
W.O. Baker, Jr. and Josiah D. Baker ,
Page 2 of 3
April 7, 2009
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 Approved Units Plan Location or Reference
Open Waters 0.40 acres Application
Zone I Buffers 22,669 (square feet Application
Zone 2 Buffers 4,569 (square feet Application
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.
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0259(5)
W.O. Baker, Jr. and Josiah D. Baker
Page 3 of 3
April 7, 2009
In an effort to comply with the diffuse flow provision of the Tar-Pamlico Buffer Rule (15A
NCAC 02B .0259(5)), you have provided the DWQ with level spreader revised designs dated
February 20, 2009. The DWQ believes that if implemented, as per these plans, diffuse flow will
be achieved. However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the
DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to
impede the formation of erosion gullies. At no time shall stormwater from the proposed
development be piped directly through the buffer without prior DWQ written authorization.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality. Stormwater easements shall be
recorded for a distance of at least 10 feet on each'side of all stormwater conveyances and on all
lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as
described above and shall provide protection of the structures from potential alternations by
future property owners.
6. 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 213.0259.
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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
W.O. Baker, Jr. and Josiah D. Baker
Page 4 of 3
April 7, 2009
Act. If you have any questions, please telephone Cyndi Karoly or Amy Chapman in the Central Office in
Raleigh at 919-733-1786.
Sin ly,
60 Coleen H.
CHS/ijm/asc
Enclosures: GC3693
Certificate of Completion
cc: Jamie Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Jeff Harbour, Environmental Services Inc, 524 S. New Hope Road, Raleigh, NC 27610
Filename: 081404LakewoodS D(N ash)TPB R_GP3 0_Mod