20100310 Ver 1_Approval Letter_20100510

A MAX,
WMENR
North Carolina Department of Environment and Natural Resources
Dvision of Meter Qualily
Beve;iy Eaves Perd;je - �ifins
Governor E VI BR
May 5, 2010
Johnston County
NCDWQ Project No. 20100310
Div F �_ f �,.i Egress Road at Talecris Corp.
State Project No. 59002
STAFF— __-._
APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION,
With ADDITIONAL CONDITIONS
Mr. Bobby Lewis, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895 -3165
Dear Mr. Lewis:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
construction of an egress road at Talecris Corp. in Johnston County:
Stream
Site Permanent Fill in Peru
70-
Total 1 70 -
: in the Neuse River Basin
Temporary Impact to Perennial
Stream (linear ft)
30
Total Stream Impact for Project: 100 linear feet.
30
Wetland Imnark in the NpiicP Rivor. R..!_
Total Stream Impact
100
100
S_ ite
Permanent Fill ac
_ Total Wetland Im act ac
1
0.06
0.06
Total
0.06
0.06
Total Wetland Impact for Project: 0.06 acres.
Neuse Riparian Suffer Im acts
Bee Free "an
Secretary
Site
Zone 1
minus
= Zone 1
Zone 1 Buffer Zone 2
minus
= Zone 2
Zone 2 Buffer
Impact
Wetlands
Buffers (not
Mitigation Impact
Wetlands
Buffers
Mitigation
(sq ft)
in Zone I
wetlands)
Required (sq ft)
in Zone 2
(not
Required (using
(sq ft)
(sq ft)
(using 3.1 ratio)
(sq ft)
wetlands)
1.5:1 ratio)
(sq ft
1
7092
0
7092
NIA 4542
0
4542
NIA
2
21
0
21
63 1360
0
1360
2040
Totals
7113
0
7113
63 5902
0
5902
2040
* nla = Perpendicular road crossing impact allowable; no mitigation required.
Total Buffer Impact for Project: 13,015 square feet.
Transportation Permitting Tina
1554 Mail 5ervrce Center, Ralebn, Narih Carolina 27699-165C3
i oration: 2321 Cuabtree 5lvd , Ralc9th- %Mh Caa4na 27644
Phone' 919- 733 -1,'86 i FAX- 919 -733 -6893
!nternei' JAp'#h2o enr_stalei nr, usncwGltancis
Ao Eaimai'JePortwr %iig - ..ii -i -r_r; = .�3'•:y°
North Carolima
/atllrllllil

The project shall be constructed in accordance with your application dated received April 29, 2010. After reviewing
your application, we have decided that these impacts are covered by General Water Quality Certification Number
3820. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Neuse Riparian Buffer Rules (15A NCAC 213.0233). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 0213.0242. For this approval to remain valid, you must adhere to the conditions listed in
the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Compensatory mitigation for impacts to 21 square feet of protected riparian buffers in Zone I and 1360 square feet
of protected riparian buffers in Zone 2 shall be required. In accordance with 15A NCAC 02B.0242(9), riparian
vegetation reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a density
sufficient to provide 320 trees per acre at maturity. All on -site mitigation sites shall be protected in perpetuity by a
conservation easement or through NCDOT fee simple acquisition and recorded in the NCDQT Natural Environment
Unit mitigation geodatabase.
2. The peen- rittee shall monitor the buffer mitigation site. Monitoring shall consist of visual review with photo points
for channel stability and vegetation survival. An annual report shall be submitted to NCDWQ for a period of 3 years
showing monitoring results, survival rate/ success of tree and vegetation establishment, and that diffuse flow through
the riparian buffer has been maintained. The first annual report shall be submitted within one year of final planting.
Failure to achieve a buffer density of 320 trees per acre after 3 years will require the annual report to provide
appropriate remedial actions to be implemented and a schedule for implementation. Approval of the final annual -
report, and a formal "close out" of the mitigation site by NCDWQ is required.
3. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and
streams shall 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 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to deterrnine whether or not a permit modification will be required.
4. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
5. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstmction
contours and revegetated with appropriate native species.
6. All stormwater nnroff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstniction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDQT
maintenance activities including mowing. The area with non- maintained buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction.

8. Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Neese Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion
control devices in Zone I, outside of the approved project impacts, anywhere on this project. Moreover, sediment and
erosion controI devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
10. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
11. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
12. The use of rip -rap above the Normal High Water Mark shall be minimized, Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
13. The Pernuttee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDWT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
15. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream
16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
19. The permittee and its authorized agents shall conduct its 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 NCDWQ determines that such standards or laws are not being
met (including the 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, NCDWQ may reevaluate and modify this certification.
20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certiftcation..
21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on -site project manager.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this certification.
23. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other goveminent agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.

24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
2s. Upon completion of the project (including any impacts at associated morrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work
included in the 461 Certification has been completed-
26 Native riparian vegetation (i.e_, trees and shrubs native to your geographic region) must be reestablished within
the construction limits of the project by the end of the growing season following completion of construction -
27. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
28. 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.
29. Sediment and erosion control measures shall not be placed in wetlands
this Certification. or waters unless otherwise approved by
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within b0 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 67I4 Mail Service
Center, Raleigh, N.C. 27699. 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 contact Rob Ridings at 919- 733 -9817.
Sincerely,
A I
" AL��
,oleen H. Sullins
Director
Cc: Chad Coggins, Division 4 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT Roadside Environmental Unit
File Copy

NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Suffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401. Transportation Permitting
Unir, North Carolina Division of Water (duality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form
may be returned to NCDWQ 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, , 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.
Signature: Date:
Agent's Certification
1, 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.
Signature:
Engineer's Certification
Date:
Partial Final
1, , as a duty registered Professional Engineer 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.
Signature
Date
Registration No.

Water Quality Certification No. 3820
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY rnaacz nF
Water Quality Certification Number 3820 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 2B.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 iisted 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. 3820

Water Quality Certification No. 3820
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 9979.
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 (Tr ), SA, WS -I, 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 0413.0124) 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 Pian 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
htt Jlh2o. enr. stafe.nc. uslsulForms Docurnents. 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. 3820

Water Quality Certification No. 3820
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
and coordinated 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
(IMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larvallpost- 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 W RC,
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, 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 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 213,0212 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 lifelfish kills.
10. Compensatory Mitigation
In accordance with 1 S NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams (intermittent and perennial) 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. 3820

Water Quality Certification N °. 3820
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. Linear public transportation projects will be required to treat stormwater runoff to
the Maximum Extent Practicable in accordance with the practices described in the
NCDOT Best Management Practices (BMP) Manual.
B. All other projects shall comply with the requirements set forth below. In addition,
the applicants shall follow the procedures explained in the version of Protocol for
Stormwater Management Plan (SMP) Approval and Implementation that is in place
on the date of the submittal of the SMP.
i. Project Density: Projects with SMPs that require 409 Oversight/ Express Unit
approval shall be classified as either Low or High Density according to the
criteria described below.
a. Low Density: A development shall be considered Low Density if ALL of
the following criteria are shown to have been met.
The overall site plan, excluding ponds, lakes, rivers (as specified in
North Carolina's Schedule of Classifications) and saltwater wetlands
Water Quality Certification No. 3 820

Water Quality Certification No. 3820
(SWL), must contain less than 24% impervious surface area
considering both current and future development.
2. All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual.
3. The project must not include a stormwater collection system (such as
piped conveyances) as defined in 15A NCAC 213 .0202(60).
4. If a portion of project has a density equal to or greater than 24 %,
then the higher density area must be located in an upland area and
away from surface waters and drainageways to the maximum extent
practicable.
b. High Density: Projects that do not meet all of the Low Density criteria
described above are considered to be High Density, requiring the
installation of appropriate BMPs as described below.
All stormwater runoff from the site must be treated by BMPs that are
designed, at a minimum, to remove 85 percent of Total Suspended
Solids (TSS).
2. Projects located in watersheds that drain directly to waters
containing the following supplemental classifications shall meet
these additional requirements:
Wafer Quality
Supplemental
Starmwater BMP Requirement
Classification
§303(d)
Project - specific conditions may be added
by the Division to target the cause of the
water quality impairment.
NSW
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal, or other applicable nutrient
reduction goal for the watershed as
codified in thet 5A NCAC 2B .0200 rules.
Trout (Tr)
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal; BMPs should also be designed
to minimize thermal pollution.
3. All BMPs must be designed in accordance with the version of the NC
Division of Wafer Qualify Stormwafer Hest Management Practices
Manual that is in place on the date of the submittal of the SMP. Use
of stormwater BMPs other than those listed in the Manual may be
approved on a case -by -case basis if the applicant can demonstrate
that these BMPs provide equivalent or higher pollutant removal and
water quality protection.
ii. Vegetated Setback: In areas that are not subject to a state Riparian Area
Protection Rule, a 30 -foot wide vegetated setback must be maintained
adjacent to streams, rivers and tidal waters as specified below.
a. The width of the setback shall be measured horizontally from:
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Water Quality Certification No. 3820
The normal pool elevation of impounded structures,
2. The streambank of streams and rivers, and
I The mean high waterline of tidal waters, perpendicular to shoreline.
b. The vegetated setback maybe cleared or graded, but must be planted with
and maintained in grass or other appropriate plant cover.
c. The DWQ may, on a case -by -case basis, grant a minor variance from the
vegetated setback requirements pursuant to the procedures set forth in
15A-NCAC 02B .0233(9 )(b).
d. Vegetated setbacks and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal,
isolated or 404 jurisdictional wetlands.
iii. Stormwater Flowing to Streams and Wetlands: Stormwater conveyances
that discharge to streams and wetlands must discharge at a non- erosive
velocity prior to entering the stream or wetland during the peak flow From the
ten -year storm.
iv. Projects Below Written Authorization Thresholds: Projects that are below
written authorization thresholds must comply with the version of Protocol for
Stormwater Management Plan (SMP) Review and Approval that is in place on
the date of the certification for the project.
v. Phased Projects: The DWQ will allow SMPs to be phased on a case -by -case
basis, with a final SMP required for the current phase and a conceptual SMP
for the Future phase(s). I the current phase meets the Low Density criteria, but
future phase(s) do not meet the Low Density criteria, then the entire project
shall be considered to be High Density.
13. if this Water Quality Certification is used to access building sites, all lots owned by the
applicant must be 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 stream bed 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
Water Quality Certification No. 3820 6

Water Quality Certification N.3820
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.
Effective date: April 6, 2010
DIVISION OF WATER QUALITY
By
teen H. Sul] s
Director
History Note: Water Quality Certification (WQC) Number 3820 issued April 6, 2010 replaces
WQC Number 3704 issued November 1, 2007, WQC Number 3627 issued March 2007, WQC
Number 3404 issued March 2003, WQC Number 3375 issued March 18, 2002, WQC Number
3289 issued June 1, 2000, WQC Number 3103 issued on February 11, 1997, WQC Number 2732
issued May 1, 1992, WQC Number 2666 issued January 21, 1992, and WQC Number 2177
issued November 5, 1987. This WQC is rescinded when the Corps of Engineers re- authorizes
Nationwide Permit 14 or Regional General Permit 198200039 or when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3820

Water Quality Certification No. 3704
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
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 Regionai General Permit 198240031) and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .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 tf the
activity is associated with or in response to a Notice of Violation from the DivWon 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 Miming 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
(DNA's), Trout (Tr), SA, WS -I, 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 04B .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 oompliance 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.11h2o.enr.state.nc.us/sLvFonns Documents. hfm.
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

Water Quality Certification No. 3704
5. Work in the Dry
AN 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 DDT 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
and coordinated 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 2B .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 Suffers
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 .0245].
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 classed as: ❑RW, HQW, Tr, WS-I, and WS -11, 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- .lacks, 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 Stearn 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 Stormwater
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 N°. 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 must be buildable without additional fill. For Toad 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.
1E. 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 nobfications 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 401/Wetlands 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 1550 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 136414.76, certifications issued to the NCDOT shall expire only upon expiration of the
federal 444 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 applicanvpermittee 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, 2047
DIVISION OF WATER QUALITY
By
C
Coleen H. 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