20090198 Ver 1_Approval Letter_20090626

AM I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
June 26, 2009
Jeffrey C. and Carol M. Adcock
6141 Sunset Lake Road
Fuquay-Varina, NC 27526
Subject Property: Adcock `s Nursery Remediation Plan
DWQ Project # 09-0198
Wake County
Approval of 401 Water Quality Certification with Additional Conditions and Neuse River Riparian
Buffer Authorization Certificate
Dear Mr. Adcock:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.10 acres of wetlands (permanent), 255 linear feet of stream channel
(temporary), and 15,300 square feet of Zone 1 (temporary) and 10,200 square feet of Zone 2 (temporary)
of the Neuse River Riparian Buffer for the purpose of expanding the nursery operation and restoring the
previously impacted stream channel, wetland, and riparian buffer at the subject property, as described in
your application dated February 26, 2009 and additional information dated April 29, 2009. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 39
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.
This approval is for the purpose 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:
401 Oversight/Express 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/ncwetiands/
NorthCarolina
;VaturallrY
An Equal Opportunity 1 Affirmative Action Employer
Jeffrey C. and Carol M. Adcock
Page 2 of 7
June 25, 2009
Impact Description Amount Approved nits Plan Location or Reference
Stream 255 feet (temporary) PCN Page 4 of 10
404 wetlands 0.010 acres (permanent) PCN Page 4 of 10
Buffers (Zone 1) 15,300 square feet (temporary) PCN Page 5 of 10
Buffer (Zone 2) 10,200 square feet (temporary) PCN Page 5 of 10
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 & 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. 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 & Erosion Control Measures
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 or wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices they 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
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 02B .0233 (5). Concentrated
runoff from manmade conveyances not in existence before the Effective date of this rule (July 22,
1997) shall be converted to diffuse flow before the runoff enters Zone 2 of the riparian buffer.
This includes, but is not limited to:
Jeffrey C. and Carol M. Adcock
Page 3 of 7
June 25, 2009
a. The pipe that is currently discharging directly into the impacted portion of the stream
should be removed from the buffer and diffuse flow should be provided at this location.
b. Any stormwater from the newly expanded area of the Adcock Nursery.
c. Any overflow from the proposed pond must diffuse through the buffer outside of Zone 2
of the buffer (or greater than 50 feet from the top-of-bank of the restored stream channel.
d. The level spreader proposed at the outlet of the pond must provide and maintain diffuse
flow through the buffer and should be placed outside of Zone 2 of the buffer (or greater
than 50 feet from the top-of-bank of the restored stream channel. 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.
e. The level spreader must meet the current design requirements per Chapter 8 of the most
recent NCDENR stormwater BMP manual, available at:
http://h2o.enr.state.nc.us/su/documents/Ch08-LevelSpreaders 002.pdf. Per the
BMP Manual, level spreaders may not be installed on sites where flows are too high to be
conveyed by a 130-foot level spreader of the topography of the filter strip is too steep.
Please see Section 8.3.6 of the BMP Manual for allowable options if this is the case on
the project site.
f. The overflow pipe from the proposed pond that is proposed to discharge directly into the
existing rip-rap, stream channel must provide and maintain diffuse flow through the
buffer. If this is not possible, it may be necessary to provide stormwater facilities that are
considered to remove nitrogen as required by the Neuse Buffer Rules. This may require
additional approval from this Office.
6. Work in the Dry
All buffer, wetlands and stream channel construction activities will be constructed in a dry work
area, will be completed and stabilized, and must be approved on site by DWQ staff, prior to
diverting water into the new channel. Whenever possible, channel relocations shall be allowed to
stabilize for an entire growing season. All stream relocations shall have a 50-foot wide native
wooded buffer planted on both sides of the stream unless otherwise authorized by this
Certification. A transitional phase incorporating rolled erosion control product (RECP) and
appropriate temporary ground cover is allowable. Exceptions to this condition require submittal
to, and approval by, the Division of Water Quality.
7. Restoration
All of the earthen fill in the restoration area must be removed at least down to the original grade
and soils. Also, any pipes and under-drains must be removed. You may wait to remove the pipes
and under-drains once the flow is directed to the restored stream and wetland area
Stream:
a. The restored stream channel should be placed at the lowest point of elevation as based on
topographic information prior to the placement of fill in the impacted area. Based on
topographic information provided in the permit application, the stream should be located
further west than its proposed location. This will ensure that the flow is intercepted directly
from the undisturbed upstream channel and transitioned into the existing rip-rapped stream
channel.
b. The impacted stream should be restored per the below table of design specifications titled
"Morphological Measurement Table for Adcock Stream Restoration. This includes, but is
not limited to, the riffle pool sequence, the belt width and radius of curvature, and bankfull.
Riparian buffer/Wetland:
a. Only NC native species should be planted within the wetland and riparian buffer.
Jeffrey C. and Carol M. Adcock
Page 4 of 7
June 25, 2009
b. Buffer restoration must ensure that at least two native tree species are planted at a density
sufficient to provide 320 trees/acre at maturity. This density is usually achieved by planting
approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid.
Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance in
developing your plan available on the web at:
http://www.nceep.net/news/reports/buffers.pd f.
c. Fertilizer should only be used one time within the riparian buffer to establish replanted
vegetation. Ongoing fertilizer application is Prohibited as identified within 15A NCAC 02B
.0233(6).
Morphological Measurement Table for Adcock Stream Restoration
Variables Existing Channel (upstream) Stream channel to
?e.restored
1. stream type
2. stream length ft 255 -255
2. drainage areas . mi 0.066 0.066
3. bankfull width Bkfw 3.4 4`0
4. bankfull mean depth 0.4 05
5. width/de th ratio 8.5 8.0
6. bankfull cross-sectional area (ft) 20
7. bankfull mean velocity ft/s 5
8. bankfull discharge, cfs 10
9. bankfull max depth
10. width of flood prone area ft 34=.1;04
11. entrenchment ratio 8.5-26
12. meander length ft 40'=5G
13. ratio of meander length to Bkfw 10-14
14. Radius of curvature ft. 8=12
15. Ratio of radius of curvature to
Bkfw 2-3
16. Belt width ft 1'2=20
17. Meander width ratio 3-4
18. Sinuosity (stream length/valley
length)
19. Valle Slope
20. Average channel sloe Q0069
21. Pool sloe 0:0000
22. Riffle Sloe b 00,fi9
23. Ratio of pool slope to average
slope 0.0000
24. Maximum pool depth
25. Ratio of pool depth to average
Jeffrey C. and Carol M. Adcock
Page 5 of 7
June 25, 2009
bankfull depth
26. Pool width ft. 4
27. Ratio of pool width to Bkfw 1
28. Pool to pool s acing ft. 20=28
29. Ratio of pool to pool spacing to
Bkfw 5-7
30. riffle length
31. pool length
32. Ratio of lowest bank height to
bankfull height (or max bankfull
depth) 1.0
Use the highlighted numbers for your stream design and construction of the stream channel
Cross Section of Stream Channel & Floodplain
(drawing not to scale)
15-50 Feet 4 feet 15-50 Feet
2 feet
Jeffrey C. and Carol M. Adcock
Page 6 of 7
June 25, 2009
Schematic Meander Geometry Descriptions
FUNDAMENTAL PRINCIPLES OF RIVER SYSTEMS
FIGURE 2-3.
Schematic Meander
Geometry .? WAVELENGTH
Descriptions.
(Aber Williams, 19861 . • • • • • . • • • . . . . .
• Circular Are '
Departure
Point Arc Angle
W Lower
Curvature
C
Section
Radius
r
Curvature
a
t
Co
2
rnflection
Point
}
? yM 6
Bend Length = W Channel Distance A - B A
8. Monitoring
A monitoring report should be submitted to DWQ summarizing the stream, riparian buffer, and
wetland remediation. This monitoring report must depict the location of representative
monitoring stations: one (1) along the restored stream and one (1) in the buffer/wetland
restoration area. The data gathered at these monitoring stations must include the following: the
stream profile, pattern, dimension, evidence of erosion, and aggradation and the survivability of
the wetland/riparian buffer plantings, if areas are stable, if rilling is occurring, or whether
maintenance is required within the restored stream or the buffer/wetland. Any repairs or
adjustments to the restoration must receive written approval from the Division prior to
commencement of work.
Minimally, the reporting plan must address the above listed components of the monitoring plan,
data must be collected quarterly for the first year and annually for a next four years (a total of five
years of monitoring), digital photographs must be submitted for each station, and a copy that
includes a written account of the annual results must be provided to DWQ by June 1 of each year.
Send theses reports to: Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
And to: Shelton Sullivan
DWQ Central Office
1617 Mail Service Center
Raleigh, NC 27699-1617
(first class mail)
Jeffrey C. and Carol M. Adcock
Page 7 of 7
June 25, 2009
9. 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 401 Water Quality
Certification and may result in criminal and/or civil penalties of up to $25,000 per violation per day. 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 401 Water Quality 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
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721, Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4251, John Hennessy in
the Central Office at 919-807-6377 or Shelton Sullivan in the Central Office at 919-807-6361.
Enclosures: GC 3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office - Attn: Monte Matthews
DWQ Raleigh Regional Office - Attn: Lauren Witherspoon
Shelton Sullivan DWQ Central Office
DLR, Raleigh Regional Office
File Copy
Filename: 090198AdcocksNurseryRemedi ationPlan(Wake)401 _NBR