19970295 Ver 2_Approval Letter_20101217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
December 17, 2010
New Hanover County
DWQ Project #: 97-0295v2
Cape Fear Public Utility Authority
Mr. Matthew W. Jordan
235 Government Center Drive
Wilmington NC 28403
Subject Property: Gum Branch Outfall Repair
Dear Mr. Jordan,
You have our approval, in accordance with the attached conditions to impact 0.03 acres of 404
wetlands and to impact 70 linear feet of stream to repair an exposed sewer line and manhole
cover as described in your application received by the DWQ on October 29, 2010. After
reviewing your application, we have determined that these impacts are covered by General Water
Quality Certification Number 3819 (GC3819). This Certification allows you to use the
Nationwide 12 Permit when issued by the US Army Corps of Engineers. This certification and
general permit may also be viewed on our website at http://portal.ncdenr.org/web/wq/ws.
This approval is only valid for the purpose and design that is 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 wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval
shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1) 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:
Amount Approved (Units) Plan Location or Reference
404 Wetlands (Permanent) 0.03 acres Page 5 of 11 in PCN
Perennial Stream 70 linear feet Page 5 of 11 in PCN
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
No?thCarolina
Customer Service 1-877-623-67 Naturally
Internet: h2o.enr.state.nc.us
2
Gum Branch Outfall Repair
New Hanover County
1997-0295v2
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 PCN application.
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) No Sediment & Erosion Control Measures within 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.
4) Construction Stormwater Permit NCGO 10000
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 (NCGO10000) administered by
DWQ 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
http -Ah2o enr. state. nc. us/su/Forms Documents. htm.
5) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401 /Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. If you do not accept any of the conditions of this
certification, 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.
3
Gum Branch Outfall Repair
New Hanover County
1997-0295v2
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 Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3819
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Emily Hughes - Corps of Engineers Wilmington
WiRO
Water Quality Certification No. 3819
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 12 (UTILITY LINE ACTIVITIES) AND 47 (PIPELINE SAFETY PROGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND REPAIRS),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3819 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 wetland areas as described in 33 CFR 330
Appendix A (B) (12) and Nationwide Permit No. 47 of the Corps of Engineers regulations
including any fill activity for utility line backfill and bedding, 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.
Permanent impacts to any wetlands and/or waters, including streams, under this General
Certification requires application to, and approval from, the Division of Water Quality (the
"Division").
Temporary impacts covered by this General Certification do not require written approval from the
Division as long as they comply with the Conditions listed below. Written approval is required
if the maintenance corridor is greater than 15 feet wide. Gas pipelines may have a
maintenance corridor wider than fifteen feet if mitigation is provided for these additional
wetland fills.
If any of these Conditions cannot be met, or if the activities are associated with, or in
response to a Notice of Violation or an enforcement action initiated by the Division of
Water Quality or the Division of Land Resources, then written approval from the Division is
required to use this Certification. Activities that are located within river basins with
Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the
Table of Uses as "EXEMPT".
In accordance with North Carolina General Statute Section. 143-215.3D(e), any requirement for
written approval for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, then one payment to both agencies shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
1. No Impacts Beyond Thresholds that Qualify for this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established 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. 3819
Water Quality Certification No. 3819
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.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-l, 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 046 .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 without
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 NCGO10000
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
http-//h2o enrstate.nc.us/su/Forms Documents.htm.
5. Construction Moratoriums and Coordination
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 protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented.
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.
Water Quality Certification No. 3819
Water Quality Certification No. 3819
6. 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.
7. Riparian Area Protection (Buffer) Rule
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar-Pamlico, Catawba, Randleman, and Jordan (or any other basin
with buffer rules), shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0233-0259-0250-0243, and .0267, 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 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) must 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. Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
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
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts.
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 "Table of Uses" section of 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 for 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. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No. 3819
Water Quality Certification No. 3819
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 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 coir fiber 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, but 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 (or its subsequent updates), the restored length
can be used as compensatory mitigation for the impacts resulting from the relocation.
12. For sewer lines, the edge of the construction corridor shall not be installed parallel to and
closer than 10 feet from top of bank to a stream except for the following classifications; 50
feet to waters classified as WS (except WS-IV or WS-V), B, SA, ORW, HQW, or SIB from
normal high water (or tide elevation) and wetlands; or 100 feet to private or public water
supply sources or waters classified as WS-1 waters or Class I or Class II impounded
reservoirs used as a source of drinking water in accordance with 15A NCAC 02T.0305(f).
Utility lines shall not cross a stream channel at other than a near-perpendicular direction
(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank).
13. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval
from DWQ is required.
14. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact 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.
15. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling.
16. Placement of rip-rap shall be restricted to the stream bottom and banks directly impacted
by the placement of the utility line. Rip-rap shall only be used below the normal high
water level. The stream berm must be restored to the original contour after construction.
Placement of rip-rap or other materials shall not result in de-stabilization of the stream bed
or banks upstream or downstream of the crossing.
17. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue
are prohibited.
18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to
no closer than 10 feet (3 meters) from top of bank of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations.
Water Quality Certification No. 3819 4
Water Quality Certification No. 3819
19. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable.
20. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 15 feet in width except at manhole locations. A 15-foot
by 15-foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4
meters) apart.
21. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland
for buried utility lines. Anti-seep collars may be constructed with class B concrete,
compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally
drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7
meters) long do not require anti-seep collars. The compacted clay shall have a specific
infiltration of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the
anti-seep collars.
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
22. The applicant shall have a specific plan for restoring wetland contours. Any excess
material will be removed to a high ground disposal area.
23. If an environmental document is required under 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.
24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be
contacted to determine if Coastal Stormwater Regulations will be required. .
25. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State or local approvals.
26. 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.
27. This General Certification shall expire three (3) years from the date of issuance of the
written approval letter or on the same day as the expiration date of the corresponding
Nationwide Permit 12 or Nationwide Permit 47. 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.
Water Quality Certification No. 3819
Water Quality Certification No. 3819
28. 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 General 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.
Effective date: March 19, 2010
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality General Certification (WQC) Number 3819 issued on March 19,
2010 replaces WQC Number 3699 issued on November 1, 2007, WQC Number 3625 issued on
March 19, 2007, WQC Number 3374 issued on March 18, 2002, WQC Number 3288 issued on
June 1, 2000, WQC Number 3101 issued on February 11, 1997, WQC Number 3022 issued on
September 6, 1995 and WQC Number 2664 issued on January 21, 1992. This General
Certification is rescinded when the Corps of Engineers reauthorizes Nationwide 12 or when
deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3819 6
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Certificate of Completion
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date