20060446 Ver 1_Approval Letter_20060419

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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
April 19, 2006
DWQ Project # 06-0446
Wayne County
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1619
Subject Property: Norwood Gainey Site
Neuse River [030412, 27-56, C, SW, NSW] 303d
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 7.7 acres of riparian wetland in conjunction with proposed wetland
enhancement at the site as described within your application dated March 16, 2006, which was received
by the N.C. Division of Water Quality (DWQ) on March 17, 2006, with more information received from
you on April 18, 2006. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to
use Nationwide Permit(s) NW27 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 213 .0233. 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 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:
Riparian Wetland 7.7 acres PCN page 8 of 12
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
No ` Carolina
Natura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NC EEP
Page 2 of 4
April 19, 2006
Sediment and Erosion Control:
2. 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.
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. 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.
5. 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 33 and GC 3402.
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. The size of the Riparian Buffer restoration areas presented in Table 1 (page iii) do not match the
values given in the text on page 14. These values should be accurate calculations for the restoration
areas and should be consistent throughout the document.
NC EEP
Page 3 of 4
April 19, 2006
8. You have proposed a Riparian Buffer Herbaceous Zone which would be located beyond zone 2.
DWQ cannot give credit for any restoration outside of the 50-foot buffer.
9. No soil amendments should be conducted on the site without prior approval from DWQ since the
stream is NSW.
10. Acer rubrum (red maple) should be removed from the planting plan and be replaced by a more
appropriate species.
11. The anticipated locations for the vegetation plots should be shown on the site plans.
12. The as-built and subsequent monitoring reports should include a list of the number of trees present for
each species.
13. Vegetation monitoring should be conducted during the growing season.
14. General, descriptive observations must be made each year while walking through the site in order to
determine any problems areas that might be developing so early corrective actions can be taken. This
provision must be added to the monitoring plan.
15. 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
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
AWK/Um
Alan W. Klimek, P.E.
Si cerely,
(j^e(-7 V04J
NC EEP
Page 4 of 4
April 19, 2006
Enclosures: GC 3495
Certificate of Completion
cc: USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Amanda Mueller, DWQ
Filename: 060446NorwoodGaineySite(Wayne)401_NBR