20081187 Ver 2_2008_09_03 minor variance approval_20200507

�OF WA 9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
jl , North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
September 3, 2008
J. Kenneth Williams
3313 US Hwy 70 East
New Bern, NC 28560
DWQ Project # 2008-1187
Craven County
Page 1 of 2
Subject Property: United Self Storage
UT to Brices Creek, Neuse Basin, 030410, 27-101-40-(7), NSW, SC, SW
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Williams:
You have our approval, in accordance with the conditions listed below, to impact approximately
1299 square feet (ft2) of Zone 2 of the protected buffers to construct commercial mini -storage
facility units at the subject property as described within your variance request dated January 24,
2008 and received by the Division of Water Quality (DWQ) on July 30, 2008. This letter shall
act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In
addition to this approval, 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 Division of Coastal Management regulations.
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(s) must be given a copy of this variance approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for the proposed allowable, allowable with mitigation, and "exempt"
uses as identified within 15A NCAC 2B .0233(6)) shall occur to Zone 1 of the protected
riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be
added to Zone 1, unless otherwise approved by the DWQ.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
NofthCarolina
Naturally
&KLI'l 1
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110°% Post Consumer Paper

Williams
Page 2 of 2
September 3, 2008
2. Restoration Plan Approval
Within your application, you submitted plans to restore 1,269 square feet (ft2) of Zone 1 of
the riparian buffer. Your restoration plan is approved, and upon completion of the restoration
planting of the 10 (ten) trees, you should notify the Washington Regional Office. You are
required to replace any of these trees that die within 5 years of planting, and you are also
required to provide proof that the trees have been planted within one year of this letter.
3. 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).
4. 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 Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and 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, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Chris Pullinger of the Washington Regional
Office at 252-948-3920 or Amy Chapman of the DWQ 401 Oversight/Express Unit at 919-715-6823 if
you have any questions or require copies of our rules or procedural materials.
X,Sinc�ely,
fWe Sor
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
Tracie Wheeler, US Army Corps of Engineers - Washington Field Office
File Copy
Central Files
Filename: 2008-1187

Water Quality Certification No. 3704
GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3704 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Any proposed fill or modification of wetlands and/or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division") except for the single family lot exemption described below.
Application and written approval is not required for construction of a driveway to a single family lot
as long as the driveway involves less than 25 feet of temporary and/or permanent stream channel
impacts, including any in -stream stabilization needed for the crossing. This activity must meet all
of the Conditions of Certification listed below. If any of these Conditions cannot be met, or if the
activity is associated with or in response to a Notice of Violation from the Division of
Water Quality or the NC Division of Land Resources, then written approval from the
Division is required.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher
of the two fees.
Conditions of Certification:
1. No Impacts Beyond those Authorized In the Written Approval or Beyond the Threshold for
Use of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval or beyond the
thresholds for use of this Certification, including incidental impacts. 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.
2. 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:
Water Quality Certification No. 3704

Water Quality Certification No. 3704
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-1, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 048.0124) supercede all other
sediment and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas 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.
4. Construction Stormwater Permit NCG010000
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 (NCG010000) administered by the Division 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
hffp://h2o.enr.state. nc.uslsu/Forms Documents.htm.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
Water Quality Certification No. 3704 2

Water Quality Certification No. 3704
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area, Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division of Water Quality.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the 'request of other state or federal agencies
an&666rdinated with these activities. This condition can be waived through written -
concurrence on a case -by -case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case -by -case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar -Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 213 .0233, .0259, .0250 and .0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide vegetative buffer (high -density development) or the 30-foot wide -
vegetative buffer (low density development) shall be maintained adjacent to all perennial
waters except for allowances as provided in the Water Supply Watershed Protection Rules
(15A NCAC 2B .0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
may require mitigation.
Water Quality Certification No. 3704

Water Quality Certification No. 3704
In watersheds classified as: ORW, HQW, Tr, WS-I, and WS-II, compensatory stream
mitigation may be required at a 1:1 ratio for not only perennial but also intermittent stream
impacts equal to or exceeding 150 feet, unless the project is a linear, publicly -funded
transportation project, which has a 150-foot per -stream impact allowance.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by the
Division for any application to use this Certification. Design and monitoring protocols shall
follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines
(April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted
for written Division approval as required in those protocols. Alternatively, the Division will
accept payment into an in -lieu fee program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public whenever practical or at
the earliest reasonable time during the construction of the project. Proof of payment to an in -
lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re -alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for permanent bank stabilization shall be limited to native woody
species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot
wide vegetated buffer on both sides of the relocated channel to the maximum extent
practical. A transitional phase incorporating appropriate erosion control matting materials
and seedling establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard
structures may be allowed if it is necessary to maintain the physical integrity of the stream,
however, the applicant must provide written justification and any calculations used to
determine the extent of rip -rap coverage. Please note that if the stream relocation is
conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington
District, April 2003 Stream Mitigation Guidelines, the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a
Stormwater Management Plan in accordance with the version of Stonnwater
Management Plan (SMP) Requirements for Applicants other than the North
Carolina Department of Transportation posted on the Division web site at the time
of application shall be provided for any project that meets both of the following two
criteria:
i. Requires this 401 Water Quality Certification, (regardless of whether
written authorization is required by the Division), AND
Water Quality Certification No. 3704 4

Water Quality Certification No. 3704
ii. Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate. Use of this
Certification to construct a private driveway to one single-family
residential lot will not trigger the stormwater management plan
requirement.
B. For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy this condition.
13. If this Water Quality Certification is used to access building sites, all lots owned by the
applicant mustbe buildable without additional fill. For road construction purposes, this
General Water Quality Certification shall only be utilized from natural high ground to natural
high ground.
14. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross -sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches,
to allow low flow passage of water and aquatic life unless otherwise justified and approved by
the Division
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip -rap or other bank hardening
methods.
15. Additional site -specific conditions may be added to the written approval in order to ensure
compliance with all applicable water quality and effluent standards.
16. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
Water Quality Certification No. 3704

Water Quality Certification No. 3704
17. 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 401NWetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. Certificate of Completion
When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
19. This General Certification shall expire three (3) years from the date of issuance of the written
approval from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031, In accordance with General
Statute 136-44.713, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 Permit. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re -application and re -approval to use this Certification for the specific
impacts already approved.
20. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity , if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Water Quality Certification No. 3704

Water Quality Certification No. 3704
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen N. Sullins
Director
History Note: Water Quality Certification Number 3704 replaces Water Quality Certification
Number 2177 issued on November 5, 1987; Water Quality Certification Number 2666 issued on
January 21, 1992; Water Quality Certification Number 2732 issued on May 1, 1992; Water Quality
Certification Number 3103 issued on February 11, 1997; Water Quality Certification Number 3289
issued on June 1, 2000; Water Quality Certification Number 3375 issued March 18, 2002, Water
Quality Certification Number 3404 issued March 2003 and Water Quality Certification Number
3627 issued March 2007. This WQC is rescinded when the Corps of Engineers re -authorizes
Nationwide Permit 14 or Regional General Permit 198200031or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3704 7