20041323 Ver 1_Approval Letter_20040810

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 1, 2004
DWQ Project # 04-1323
Franklin County
Page 1 of 3
Ralph D. Edwards
975 Hicks Road
Youngsville, NC 27596
Subject Property: Edwards Property, Hicks Road (SR1125), Franklin, NC
UT to Cedar Creek [03-03-01, 28-29-(1.5), WS-11 HQW NSW CA]
UT to Brandy Creek [03-03-01, 28-29-3-(2), C 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. Edwards:
You have our approval, in accordance with the attached conditiois and those listed below, to place fill .
within or otherwise impact 0.0018 acres of wetlands, 62 feet of streams and 16,757 square feet (ft2) of
protected riparian buffers for the purpose of installing a sewer system at the subject property, as described
within your application dated August 10, 2004 and received by the N.C. Division of Water Quality
(DWQ) on August 10, 2004. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3374 (GC3374). The Certification(s) allows
you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers (USACE). 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 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:
Wne Carolina
401 Wetlands Certification Unit Xtd1CQ?t'1?
1650 Mail Service Center, Raleigh, North Carolina 27699-165Q.
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/nmetiands
S.
Ralph D. Edwards
Page 2 of 3
October 1, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 62 (feet)
404 Wetlands 0.0018 (acres)
Buffers 16,757 (square ft.)
2. 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 15A NCAC 2B .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.
3. Water Quality Certification(s) - The proposed project must comply with all of the conditions of
General Water Quality Certification(s) (GC) 3374.
4. 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 rhost recent version of the North Carolina
Sediment and Erosion Control Planning and Desig4 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.
5. 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.
6. 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.
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/Wetlands 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 Permit.
Ralph D. Edwards
Page 3 of 3
October 1, 2004
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 Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
AWK/bz
Enclosures: GC 3374
Certificate of Completion
Sincerely,
CVA?Ian W. Klimek, P.E.
cc: Scott Mitchell, Spaulding & Norris, PA, 972 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office.
DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 041323