20090339 Ver 1_Approval Letter_20090408

A?ll
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 8, 2009
Contentnea Metropolitan Sewerage District
c/o Mr. Charles M. Smithwick, Jr., District Manager
900 Wiley Gaskins Road
Grifton, NC 28530
Resources
Dee Freeman
Secretary
DWQ Project # 2009-0339
Pitt County
Subject Property: CMSD Wastewater Treatment Plant Improvements
UT to Contentnea Creek, Neuse River Basin; 03-04-07; C, Sw, NSW; 27-86-(7)
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization
Certificate
Dear Mr. Smithwick:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed
below, to impact approximately 46,174 square feet (ft) of Zone 1 and 3,485 square feet (ft2)of
Zone 2 of the protected riparian buffers for the purpose of constructing the treatment plant
improvements at the subject property as described within your application received on March 27,
2009. 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, Non-discharge and U. S. Army Corps of Engineers regulations.
This authorization 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 authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to follow
the conditions listed below.
The Additional Conditions of the Authorization 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:
North Carolina Division of Water Quality Internet: www.nowaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NOrthCarOflna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
Page 2 of 3
Amount Approved (Units) Plan Location or Reference
Stream n/a (feet) n/a
404/CAMA Wetlands n/a (acres) n/a
Waters n/a (acres) n/a
Buffers - Zone 1
Buffers - Zone 2 46,174 (square ft.)
3,485 (square ft. sheets C4, C5
2. Diffuse Flow
An additional condition is that 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 .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
4. Standard Erosion and 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control
Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
Page 3 of 3
5. 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.
6. No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated
program has released the project.
7. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at http: //h2o. enr. state. nc. uslsulforms Documents. htm.
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
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. This letter does not authorize any impacts to either Waters of the United States
or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. If you
have any questions, please telephone Chris Pullinger of the Washington Regional Office at 252-
948-3920 or Amy Chapman of the 401 Oversight/Express Unit at 919-715-6823.
ncer ly,
If
for oleen H. Su lips
Enclosures: Certificate of Completion
Buffer Rules
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DLR, WaRO
WaRO File copy
Filename: 2009-0339