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Home My WebLink About20090806 Ver 1_Approval Letter_20090824 Beverly Eaves Perdue Governor Ai~ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Director Dee Freeman Secretary August 24, 2009 DWQ Project # 2009-0806 County: Wilson City of Wilson Attn: Mr. Daryl Norris 1800 Herring Avenue Wilson, NC 27894 Subject Property: Tilghman Road Sidewalk Project, Wilson, NC UT to Toisnot Swamp [030407, 27-86-11-(4.5), WSIII, NSW, Ca] AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization Certificate Dear Mr. Norris: You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact approximately 150 ft2 of Zone 1 and 100 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed sidewalk at the subject property as described within your application dated August 11,2009, received by the Division of Water Quality (DWQ) on August 12,2009. 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 regulations. This authorization 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 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 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: Zone 1 Buffers Zone 2 Buffers Plan Location or Reference A lication A lication 2. Erosion & Sediment Control Practices 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location. 2321 Crabtree Blvd, Raleigh, North Carolina 27604 Phone 919-733-1786 \ FAX 919-733-6893 Internet http://h2o.enr,state,ncus/ncwetlandsl N~rth Carolina ;Vall/ralllf An Equal Opportunity \ Affirmative Action Employer City of Wilson Page 2 of3 August 24, 2009 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. 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. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. No Sediment & Erosion Control Measures win Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by 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 An additional condition is that all storm water 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). 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 2B .0233. 7. Certificate of Completion City of Wilson Page 3 of3 August 24,2009 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. 8. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 40llWetlands Unit web site at: http://h20.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Any disputes over determinations regarding this Authorization (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 ofG.S. 150B. This Authorization 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. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or Cyndi Karoly at (919) 733-1786. 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. CHS/cbk/asc Sincerely, ~'f~ r Coleen H. Snllins Enclosures: Certificate of Completion cc: Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Filename: 090806TilghmanRoadS idewalkProject(W ilson) NBR