20110251 Ver 2_401 Application_20110811

46
'?MqKIM&CREED
44?
TO: NCDENR - DWQ 401 Oversight
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTENTION:
WE ARE SENDING: ? Originals ® Prints
? Specifications ? Calculations
it -DaSt u 2
LETTER OF TRANSMITTAL
DATE: August 18, 2011
PROJECT NO: 5466,0003 TASK NO:
RE: PCN - Site 19
TRANSMITTAL NO: PAGE 1 OF 1
? Shop Drawings ? Samples
? Other -
Quantity Drawing No. Rev. Description Status
2 24x36 Plan Sets G
3 11x17 Plan Sets tie G
5 PCN G
19
AUG 2 3 2011
DENR. WATER QUALITY
WEWVSAND ST
-...VII
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected - See Remarks
REMARKS: Please feel free to contact me if you have any questions.
8020 Tower Point Drive, Charlotte, NC 28227 Tel: [phone] Fax: [phone]
cc:
McKIM & CREED, PA
Signed
Jason E. Marshall, El
v MCKIM&CREED
August 18, 2011
NCDENR - DWQ 401 Oversight
1650 Mail Service Center
Raleigh, NC 27699-1650
E N G I N E E R S
S U R V E Y O R S
P L A N N E R S
RE: Site 19 - PCN for Distribution & Collection Infrastructure Improvement & Stream
Restoration
Dear Reviewer,
We are submitting a PCN permit package for Site 19 to be included in "Distribution &
Collection Infrastructure Improvement & Stream Restoration" plans previously
approved under DWQ# 11-0251. Site 19 is removed from the previously approved
locations and we are requesting 401 water quality certification for Site 19 only. Please
inform us if you have any questions.
Sincerely,
McKim & Creed
Jason E. Marshall, EI
8020 Tower Point Drive
Charlotte, NC 28227
704.841.2588
Fax [phone]
www.mckimcreed.com
\1-oa'St 104
O?OF W A rFA
3 -i
o 1<
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: NX Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3, 13, 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes NX No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes ?X No For the record only for Corps Permit:

N Yes NX No
If. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
? Yes ?X No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes NX No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No
2. Project Information
2a. Name of project: Distribution & Collection Infrastructure Improvements & Stream Rest./Bank Stab. Impr.
2b. County: Forsyth
2c. Nearest municipality / town: Winston-Salem
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no: N

/A
F
3. Owner Information
3a. Name(s) on Recorded Deed: N/A 3
3b. Deed Book and Page No. N/A W OENR Wi9TE
3c. Responsible Party (for LLC if
applicable): N/A ?MM4gpBRANCH
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ?X Agent ?X Other, specify:
4b. Name: Mike Patton, P.E.
4c. Business name
(if applicable): City/County Utility Commission
4d. Street address: 101 N Main Street, Suite 357
4e. City, state, zip: Winston-Salem, NC 27102-2511
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: J. Michael Osborne, P.E.
5b. Business name
(if applicable): McKim & Creed, PA
5c. Street address: 8020 Tower Point Drive
5d. City, state, zip: Charlotte, NC 28227
5e. Telephone no.: 704-841-2588
5f. Fax no.: 704-841-2567
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 6813-569723, 6813-65-3767, 6813-75-3562
1 b. Site coordinates (in decimal degrees): Latitude: 36.038308 Longitude: -80.300846
1 c. Property size: 2.9 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Salem Creek
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The current land use within the project limits consists primarily of vacant wooded and mowed lot on Waste Water Treatment Plant site and is adjacen
to residential areas and mowed lawns.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
r he primary goal of the project is to protect the streams from compromised sewer main by reestablishing the cover and protection of the pipe and
reating more geomorphologically stable channels while improving and restoring their hydrologic connection to the flood plains.
3e. Describe the overall project in detail, including the type of equipment to be used:
Streams will be relocated to new geomorphically stable channels to provide proper cover and prevent further erosion near sewer utilities. The
channels will have improved channel dimensions and profiles and will exhibit improved floodplain access and sinuosity. The new channels will have in-
stream structures and constructed riffles to increase stream habitat diversity and improve channel stability.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes ?X No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ?X Yes ? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
From NCDENR permit DWQ# 11-0251 for 401 WQC and from USACE permit SAW 2011 01004 for 404. Site 19 added and permitted separately.
6. Future Project Plans
6a. Is this a phased project? ? Yes X? No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ?X Streams - tributaries ? Buffers ? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 Choose one Choose one Yes/No
W2 Choose one Choose one Yes/No
W3 Choose one Choose one Yes/No
W4 Choose one Choose one Yes/No -
W5 - Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 P Stabilization Trib to Salem Creek PER Corps 10 1,164
S2 Choose one
S3 - Choose one
S4 Choose one
S5 Choose one
S6 Choose one
3h. Total stream and tributary impacts 1,164
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody
type 4e.

Area of impact (acres)
01 Choose one Choose
02 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
131 - Yes/No
B2 - Yes/No
B3 - Yes/No
B4 - Yes/No
B5 Yes/No
B6 Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes X? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes X? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes Q No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes 0 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?

3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply): ? Phase II
? NSW
? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached. ?Yes ? No
4. DWQ Stormwater Program Review

4a. Which of the following state-implemented stormwater management programs apply
(check all that apply): ?Coastal counties
? HQW
?ORW
?Session Law 2006-246
?Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ?X Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes X? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes X? No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ?X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ?X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ?X Yes ? No
8b. If yes, explain how project meets FEMA requirements:
The project is designed for a no-net rise in flood level and is located in the floodplain but not the foodway.
8c. What source(s) did you use to make the floodplain determination?
FIRM Panel 6813J

?? 1 c1a e ?'s bo?'ne
®. 7--7 _ I 1
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Ant's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: A' 4, r d" J ?.s J L r U i (' +'
LOT NO. PLAN NO. PARCEL ID:
too E, ' A• V A t'? U ?1 t G i A ?J i I et
STREET ADDRESS:-6-
Pest St, 271 bZ
Ma,l A4?ua.s -5 : P o, 3ox 2 SI i
Please print:
rZ > ,. t o r 5 y ??
Property Owner: ?n 10
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
-\ . 041 C-L,k&i ??. of A t,V? t rsr? ?- G am , PA
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, Issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Telephone: 3 3?, - 7 47 - 6 9 9 2
We hereby certify the above Information submitted in this application Is true and accurate to the
best of our knowledge.
Authorized Signature
Date: 4-1 - 1i
ArJAIV
RCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
It-ID 24sl U 2
Resources
Dee Freeman
Secretary
May 25, 2011
DWQ# 11-0251
Forsyth County
Courtney Driver
City/County Utility Commission
101 N Main Street, Suite 357
Winston-Salem, NC 27406
APPROVAL of 401 Water Quality Certification with Additional Conditions
APPROVAL of Jordan Lake Riparian Buffer Impacts with Additional Conditions
APPROVAL, of Randleman Lake Riparian Buffer Impacts with Additional Conditions
Dear Ms. Driver,
You have our approval to conduct stream stabilization activities, in accordance with the attached conditions, along a
total of approximately 2750 linear feet of streams located within the City/County Utility Commission jurisdiction in
Winston-Salem NC and Kernserville NC in Forsyth County, as described in your application received by the Division of
Water Quality on March 15, 2011 and additional information received May 9, 2011. After reviewing; your application,
we have determined that this activity is covered by General Water Quality Certification Number 3687 and 3689, which
can be viewed on our web site at http:H vww.ncwaterquality.qEg/wetlands.html. These Certifications allow you to use
Nationwide Permit Numbers 3, 13 and 27 when they are issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project, including (but
not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in
the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in
the attached certification, as well as the additional conditions listed below:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] \ FAX: 336-771 A6301 Customer Service: 1-877-623-6748
Internet: wvnv.rimaterquality.org
An Equal Opportunity t Affirmative Action Employer
One
NorthCarolina
vVaturally
Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 2 of 4
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Impacts
Location Identifier Stream
_ Amount Approved
linear feet) Type of Impact
____
Site 1 - Miller Park Branch Creek 180 See engineering pplans
Site 2 - Weather Woods Salem Creek 31.0 _i See engineering plans r
Site 3 -- Salem Creek Salern Creek 150 See engincering plans
Site 4 - Washington Park Salem Creek _
260 See engineering plans
Site 5 - Virginia Rd UT to Peters Creek 120 See en tineering plans
Site 6 - Southern St. 1 UT to Kerner Mill Creek 110 See engineering plans
Site 7 -- Southern St. 2 UT to Kerner Mill Creek 260 See engineering plans
Site 8 -- Belews Creek Lift
Station East Belews Creek

_ 60 See engineering plans
Site 9 -- Kensal Green Ct 1 Reedy Creek _ 90 See engineering plans
Site 10- Kensal Green Ct 2 Reedy Creek 50 See engineering plans
Site I I - Leichester Square
Ct Reedy Creek 70 See engineering plans

Site 12 -- Broken Saddle
Lane
Reedy Creek
200 _ _
See engineering plans
Site 13 - Green St 1 Reedy Creek 170 See engineering plans
Site 14 - Green St 2 Reedy Creek See en ineering plans J
Site 15 - Carotec Dr U']-' to West Pork Deep
River 130 See engineering plans
Site 16 - Lakeside Dr _UT to Smith Creek u 170 See engincering plans
Site 17 -- Tukwila Ct UT to Muddy Creek 130 See engineering plans
Site 18 - Industrial Dr Leak Fork 200 See engineering plans
Total 2750 linear feet
2. Impacts to the Jordan Lake Riparian Buffers for Reedy Creek area and to the Randleman Lake Riparian Buffers
for West Fork Deep River are determined to be allowable as "protection of existing structures" provided all
vegetation impacted outside of the utility Right-of-Way be re-established with equal vegetation (trees for trees,
grass for grass, etc) upon completion of the construction activities.
The Division believes that streambank armoring at Site 11 will provide only temporary protection to the utility
line. The Division strongly recommends that the City/County Utility Commission and the Town of Kernersville
jointly address the stream instability in this area. The Division will require that any future requests for 401 Water
Quality Certifications to stabilize utilities in this area show that the local governments have addressed the cause of
the instability and attempts have been made at a broader, long-term solution rather than continued armoring. The
Division recommends that the local governments seek grant opportunities and/or develop capital improvement or
stormwater programs that include stream restoration or stabilization in this area to protect utility lines in the
future.
4. All proposed step-pool stabilization areas must be constructed to ensure that a natural stream channel is provided.
Failure to provide a natural channel habitat may require in future compensation for permanent stream impacts.
Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 3 of 4
6. Visual monitoring of the restored streambanks, re-established buffer vegetation, all instream structures, and the
installed step-pools shall be conducted at a minimum of quarterly for the first year or two bankfull events
(whichever is longer), and then annually (particularly after storm events) until it is determined that all structures
and stream banks are stable and vegetation is successful. Any failures of structures, stream banks, or vegetation
may require future repairs or replacement to ensure the stability and water quality of the stream and downstream
waters.
7. Upon finishing the project, the Applicant shall till out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all wort; included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing the
restored stream reach.
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 15013 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964.
Sincerely,

?;_Coleen H. Sullins, Director
,,,-- Division of Water Quality
Attachments
cc: John Thomas, Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Jason Marshall, McKim & Creed (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 4 of 4
DWQ Project No.:
Applicant: __
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1621. 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 Certifications
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: Date:
Engineer's Certification
Partial final
as a duly 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 hest 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 Registration No.
Date
Water Quality Certification No. 3687
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
Water Quality Certification Number 3687 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 15 NCAC 2H, Section .0500 and 15 NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas which are waters of the United
States as described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of
the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 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.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' T
a. Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location, or
b. Temporary or permanent impacts equal to or exceeding: one-third (1/3) acre of
wetlands East of Interstate-95, or one-tenth (1/10) of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources; or
d. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. Any impacts to streams and/or buffers in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) unless the activities are listed as
"EXEMPT" from these Rules.
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, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities included in this General Certification and below the thresholds listed above do
not require written approval from the Division of Water Quality as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met,
written approval from the Division is required.
Water Quality Certification No. 3687
25 (STRUCTURAL DISCHARGE). 30(MOIST SOIL MANAGEMENT FOR WILDLIFE),
32 (COMPLETED ENFORCEMENT ACTIONS). 36 (BOAT RAMPS rIN NONWETLAND
SITESP, AND REGIONAL PERMIT 197800056 (PIERS. DOCKS AND BOATHOUSES). AND
REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification No. 3687
Conditions of Certification:
1. No Impacts Beyond Those Authorized for this General 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 General Certification, or beyond the
footprint of the impacts authorized in the written approval, 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:
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 (PNAs),
Trout Jr), SA, WS-I, WS-11, 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 from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the 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 the
Water Quality Certification No. 3687
Water Quality Certification No. 3687
activity 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.enr.state.nc.us/su/Forms Documents.htm.
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.
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.
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 protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
obeyed. 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 personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Randleman, Catawba (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 riparian area protection rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
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].
Water Quality Certification No. 3687
Water Quality Certification No. 3687
9. 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 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.
10. 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.
11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H .1405.
12. Temporary Fills and/or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, plan form pattern, and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.
Water Quality Certification No. 3687
Water Quality Certification No. 3687
13. For activities requiring written approval, additional site-specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards.
14.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.
15. 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.
16. This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.76, 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.
17. 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 shall
result in revocation of this General Certification for the project and may 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. 3687
Water Quality Certification No. 3687
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullin
Director
History Note: Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued
December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This
General Certification is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3687
Water Quality Certification No. 3689
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND
27 (WETLAND AND RIPARIAN RESTORATION AND CREATION),
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3689 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 Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of
the Corps of Engineers regulations (i.e., Nationwide Permit Numbers 13 and 27) and Regional
Permit 197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized; wetland
and riparian restoration or creation; and the construction and maintenance of bulkheads on non-
Federal Energy Regulatory Commission (FERC) lakes.
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 set forth.
All proposed fill or modification of wetlands and/or waters, including streams and streambanks,
under this General Certification requires application to, and written approval from the Division of
Water Quality (the "Division"), regardless of the purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500
feet of stream banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this work in the Neuse, Tar-Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 2B .0200]) will require
written approval, unless the activities are listed as "EXEMPT" from these Rules-
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, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification and/or those
authorized by this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Water Quality Certification No. 3689
Water Quality Certification N°. 3689
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. 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:
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 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-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 04B .0124) supercede all other
sediment and erosion control requirements.
4. 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.
5. 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
http:11h2o. enr. state. nc. us/su/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. 3689
Water Quality Certification No. 3689
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 W RC,
USFWS, NMFS, and/or DMF personnel.
NC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS) `urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
a. Using flow diversion structures such as sandbags;
b. Placing large-size rock toes and filter cloth backing for stabilization sites before
backfilling; and
c. Excavating new channel alignments in dry areas.
Construction at non-`urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout or
anadromous fish resources in this stream.
7. 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.
8. 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, Randleman, Catawba (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.
9. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
Water Quality Certification No. 3689
Water Quality Certification No. 3689
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through
.0215].
10. 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.
11. Any rip-rap shall be of such a size and density so as not to be able to be carried off by wave
or current action and consist of clean rock or masonry material free of debris or toxic
pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure structural integrity of bank stabilization measures. If rip-rap is
to be installed within the streambed, the amount and location must be approved in writing by
the Division of Land Resources and Division of Water Quality. However, rock vanes, wing
deflectors, and similar structures for grade control and bank protection are acceptable.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact or Record of Decision is
issued by the State Clearinghouse.
13. Additional site-specific conditions may be added to the written approval attached to this
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
14.This Certification shall expire three (3) years from the date of the approval letter from DWQ or
on the same day as the corresponding Nationwide Permit. In accordance with General
Statute 136-44.76, 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.
15. 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.
16. 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.
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
Water Quality Certification No. 3689
Water Quality Certification No. 3689
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: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC) Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3689