20060413 Ver 1_Approval Letter_20060407

Michael F. Easley, Governor

r William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
`C
Alan W. Klimek, P.E. Director
Division of Water Quality
April 7, 2006
DWQ Project # 06-0413
Jones County
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1619
Subject Property: Stallings Stream and Wetland Restoration
Jack Calvin, Beaverdam and Bullard Branch [030411, 27-101-10, 27-101-23-1,
27-101-25, C, SW, NSW]
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 3,733 linear feet of stream and restore/create 47.1 acres of wetland and 72.9
acres of buffer in conjunction with proposed stream and wetland restoration at the site as described within
your application dated March 8, 2006, which was received by the N.C. Division of Water Quality (DWQ)
on March 14, 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 2B .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:
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 httn://h2o.enr.state.nc.us/ncwefands
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NC EEP
Page 2 of 4
April 7, 2006
Amount Approved (Units) Plan Location or
Reference
Stream 3,733 linear feet Plan narrative
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.
NC EEP
Page 3 of 4
April 7, 2006
7. Under "Wetlands" on page 28 you state, "The wetland restoration areas will be monitored annually
for five years following construction or until success criteria are met, whichever comes first." This
provision is hereby changed to state that "The wetland restoration areas will be monitored annually
for five years following construction or until success criteria are met, whichever is longer."
You have proposed to do "58 100-meter square vegetation plots." These plots should be placed in the
bottomland hardwood forest, wet hardwood flat, riparian buffer, and the Riverine wetland
enhancement area in proportion to the acreage each covers. It is important to provide the data for the
enhancement area as well, so that the vegetation success can be determined for enhancement credits.
The approximate anticipated plot locations must be shown on a revised figure 11.18 with the
Proposed Monitoring Guages.
9. 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.
10. Success criterion for the Riparian Buffer vegetation also needs to be stated as 260 trees per acre. This
'must be modified in the monitoring plan.
11. The number of trees that will be planted-for each species, or the percentage of trees that will be
accounted for by each species needs to be provided in the as-built report. An as-built report should be
submitted post-construction that provides the number of.trees that was planted for each species.
12. The vegetation success criteria needs to include a statement concerning the minimum number of tree
species that will survive on the site or within a planting zone, or that no one species will count
towards the success criteria above a certain percentage (e.g. "A minimum of two tree species will
survive in Zone 1 and a minimum of five tree species will survive in Zone 2." or "No one species will
comprise greater than 20% of the total number of trees to be counted towards the success criteria of
260 trees per acre."). Please include this statement in the final monitoring plan.
13. We have concern that adding an additional 25% to the stream length will cause many stream
segments that are already barely flowing (based on submitted photos) to become elongated wetlands.
Therefore the success of the stream restoration will be partially judged as to whether the biological
community of the restored stream consists of species typically adapted to life in flowing waters rather
than ponded waters.
14. This project is hereby required to conduct macroinvertebrate monitoring at two sites (lower ends of
reaches D and E) and one reference site (either Jack Cabin Branch or Beaverdam Branch)
preconstruction and annually post construction plus chemical monitoring for dissolved oxygen, pH
and temperature.
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
NC EEP
Page 4 of 4
April 7, 2006
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Sincerely,
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 Eric Kulz in the DWQ Raleigh Regional Office at 919-7914200.
AWK/ijm
Enclosures: GC 3495
Certificate of Completion
We. Kl:'ek, D(..
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Amanda Mueller, DWQ
Filename: 060413StallingsStreamWetlandRestore(Jones)401 NBR