20151201 Ver 1_Approval Letter_20160107

WaterResaurces
ENVIRONMENTAL QUALITY
PAT MCCRORY
' I co�mor
DONALD R. VAN DER VAART
Seoretmy
S. JAY ZIMMERMAN
Daedu,
January 7, 2016
DWR# 15-1201
Transylvania County
Victoria J. Middlebrooks Etal
B C L090 & 91 PT West Shote Drive (3220 West Club Blvd.)
Lake Toxaway, NC 28747
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
..CONDITIONS
Middlebrooks Seawall—Lake Toxaway
Dear Ms. Middlebrooks
You have our approval for the impacts listed below for the purpose described in your
application dated October 28, 2015, received by the Division of Water Resources (Division).
November 16, 2015. These impacts are covered bythe attached Water Quality General
Certification Numbers 3885 & 3883 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Numbers 13 & 3 once they are issued to you by
the U.S. Army Corps of Engineers. Please note that you should get. any other federal, state or.
local permits before. proceeding with your project, including those required by (but not limited.
to) Sediment and.. Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following:: impacts are hereby approved provided that all of the other specific and
:.general condrtions'of the Certification 'are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
.Type of Impact 'Amount
Approved
Amount Approved
.(units).. ,
(units)
Permanent
Temporary
Open Water
.0.05 Acres
Water Quality Regional Operations -Asheville Regional OfOce
2090 U8 Hwy 70, Swannanoa, He 28778
Phone: [phone] FAX [phone] -
Imemat mlpl/poristrodenr.org svebhvgNrs
An Equal Opportunity IAffirmative Action Employer

Middlebrook, Seawall
DWR#15-1201 -
401 Appro4
Paget of
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit anew application package with the appropriate fee. If the property is sold, the.
new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC.02H .0507(d)(2)]
3. The permiteeshall require its .contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0506 (b)(2)
and (c)(2)1
4. The proposed project must comply with the recommendations stated in the North
Carolina Wildlife Resources Commission (NCWRC) comment letter dated December 9,
2015 (attached):
This approval and its conditions are final and binding unless contested: [G.S. 143-215.5)
This Certificationcan be contested as provided in Articles 3 and of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty calendar days:
A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1)"copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.'".
j
fi
l

Middlebrook, Seawall .
DWRk 15-1201
401 Approval
Page 3 of
- Mailing address for theOAH: -
If sending via US Postal Service: If sending viadelivery service (UPS,
FedEx, etc): -
OfficeofAdministrativeHearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601 -
This letter completes the review of the Division under section 401 of the Clean Water Act.
.Please contact Tim Fox at 828-296-4664 or [e-mail] if you have any questions or
.concerns.
Sincerely,.
G. Landon Davi so , .G, Regional u 'sores
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885 & 3883
Certification of Completion
NCWRC letter dated December 9, 2015

Middlebrooks Seawall -
DWR#15-1201
.401 Approval -
Page 4of4 .
ec: Terry Allen- T. E. Allen Engineering, PC - -
Davld Brown - USACE Asheville Regulatory Field Office
Andrea Leslie —NCWRC
Stan Aiken -DEMLR -
cc: DWR ARO 401 file -
DWR 401 & Buffer Permitting Unit file
G:\WR\WQ\Trmsylvatdak4Ols\Non.DOTMddlebrooks Seawall\APRVL.40IMiddlebrooksSeawalll-7 16.doe.doex

Fox, Tim
From:
Leslie, Andrea)
Sent:
Wednesday, December 09, 2015 3:29 PM
To:
Brown, David W SAW
Cc:
Fox, Tim; Terry Allen - - - - - -
Subject:
Middlebrooks Residence Seawall Repair- NCWRC comments - -- — -- - -- -- --- -- -- --- -- — ------ -- - --- ------------ ---- --------
Hi David,
I have reviewed the information sent to me on the'Repair Existing Mortared Sone Seawall (135 LF) & - - - - - - - -
Construct New Boulder Seawall (60 LF) at Middlebrooks Residence' Project on Lake Toxaway in Transyvlania
County. The applicant proposes to repair 135 feet of mortared stone seawall with a combination of mortared
stone seawall and dry stack boulders and build an additional 60 feet of drystack boulder seawall.
The application notes that the shoreline at the location for the new seawall is eroding, but no photos were
included that demonstrate this erosion. We do not object to the project as long as it addresses an active and.
appreciable shoreline erosion problem. Rather than hardening the shoreline, we recommend using a
bioengineering approach if at all possible, involving bank sloping mid planting.
The shoreline provides important habitat for wildlife. Fallen trees and other large woody debris along the
shoreline are especially important, providing cover for various sunfish, largemouth bass, and other fishes in
the lake. In addition, trees and shrubs above the waterline not only stabilize banks but also serve as habitat for
wildlife such as song birds.
We offer the following recommendations to minimize impacts to terrestrial and aquatic wildlife:
1. Large woody debris should be left in place or moved temporarily and replaced after stabilization work is -
complete.
2. We recommend that the landowners retain as many shoreline trees and shrubs as possible, and urge them
to plant additionalnative herbaceous vegetation, shrubs, and trees to improve riparian - - - - - -
habitat. Recommendations for native species are available in NC Cooperative Extension's guide on small-
scale solutions to eroding stream banks, available here: https:Z/www.bae.ncsti.edu/srpZl2dfs/online-
BYSRGuide20l5.$2df.
Thank you for the opportunity to review and comment on this project. Please contact me if youhave any
questions about these comments or need further assistance.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
1

Water Quality Certification No. 3883
Water Quality Certification Number 3883 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 02H .0500 and 15 NCAC 02B.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)and
Regional Permits 197800056 and 19780125 and for the Riparian Area Protection. Rules (Buffer
Rules) in 15A NCAC 02B.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' ):
a. Impacts equal to or greater then 40 linear feet of additional permanent stream impact
(including stream relocations)at an existing stream impact location; or
b.: Temporary or permanent impacts equal: to or greater than one-tenth (1/10) of an acre: of
wetlands; or
c Any, impact associated with a. Notice of Violation or an enforcement action for violaton(s) _..
of DWQ Wetland Ru lea (15A NCAC 02H.0500), isolated Mtiand ROe`s'(lSA NCAC 02H'
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
023 .0200); or
d. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River
Basins or in the Randleman,, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless the activities. are listed as EXEMPT" from these rules. or a Buffer
Authorization. Certificate is issued through N.C. Division of Coastal Management (DCM)
.delegation for "ALLOWABLE' activities,
In accordance with North Carolina General Statute.143-215.3D(e), written approval for a..401
Water Quality General Certification must include: the appropriate fee. If a project alsorequires 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 thatdo not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below, if any of these Conditions cannot bemet,. then
written approval from the Division is required,
Water Quality Certification No. 3883 1 1

Water Quality Certification No. 3883
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval. or Beyond the Threshold of 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 depicted in the Pre Construction Notification,.. as
authorized In the written approval. from the Division or beyond the thresholds established for
use of this Certification without written authorization Including incidental impacts. All
construction activities, Including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall beperformed so thatno
violations of state water quality standards, statutes or rules occur. Approved pians and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosionand sediment control practices most be in full compliance with all specifications
governing the proper design, installation andoperation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction StormwaterPermit issued to the site:
a. Design., installation, operation, and maintenance of the sediment anderosion 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,
includingcontractor-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.
accordance with the requirements of the Sedimentation Pollution GOntml Act and the
Mining Act of 1971.
d. Sufficient. materials required for stabilization and/or repair of erosion control measures.
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, WS -ll, High Quality (HOW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 046 0124, Design Standards. in Sensitive Watersheds.
3. No Sediment and Erosion. Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in amanner that may result in dis-squilibrium of wetlands, stream beds, of banks,
adjacent to or upstream and downstream of the above structures All sediment and erosion
control devices shall be removed and the. natural grade restored within two (P) months of the
date that the Division of Land. Resources (DLR) or locally delegated program has released
the specific area Withinthe project.
Water Quality Certification No.. 3883 2

Water Quality Certification No. 3883
4. Construction Stormwater Permit NCGO10000
An NPDES: Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acresofland. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated In the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion. &
sedimentation control plan, inspections and maintenance solf-monitoring, record keeping
and reporting requirements is required.. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
htlo�//oortai ncdenr ora/web/wotws/su/nodessw#tab-w.
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 (NC5000250) stormwater permit.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the. flowing stream does
not come in contact with the disturbed 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 shalt be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
6. Construction Moratoriums and Coordination
if activities must occur during periods of high biological activity {i a sea turtle nesting, fish
spawning or bird nesting),then biological monitoring may be required at the request of other
state or federal agencies andcoordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
(DMF) or National Marine hisneries tlerVil (nVIYJ/ to lessen impaure un uuut, anauruimus
fish larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (26) 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 Rules (Buffer Rules)
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins qr in the Randleman, Jordan, of
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses' identified within and Constructed In accordancewith13A NCAC 02B.0233, .0259,
.0243 0250, 0267 and .0605, 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..
Water quality Certification No, 3883 3

Water Quality Certification No. 3883
8. Placement of Culverts and Other Structures in Waters and Wetlands
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 andother structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 Inches,
and 20 percentof the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low Now passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required provided that all alternative options for flattening the slope have been investigated
and aquatic life movement( connectivity has been provided when possible (rock, ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include
location map of the culvert, culvert profile drawings and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial Is not required provided that there
is sufficient documentationof the presence of bedrock. Notification to the Division including
supporting documentation suchas, but not limited to a location map of the culvert,
geotechnical reports, photographs etc shall be provided to the Divisiona minimum of 50
days prior to the Installation of the culvert. If bedrockis discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery,
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying: the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams. or wetlands from the project.
Installation of culverts in wetlandsmust ensure continuity of water movement and be
_designed to adequately aocommodate 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.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between. uncured or curing concrete.. and waters of the state. Water
that Inadvertently contacts uncured concrete shall notbe discharged to waters of thestate
due to the potential for elevated pH and possible aquatic life/ fish kills,
10; Applications for 61 groinsproposed in accordance with I 6 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.
Water Quality Certiffcatibn No. 3083 4

Water Quality Certification No, 3883
11, Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc,) before entering the stream.. Please refer to the
most current version of Stormwater Best Management Practices Exceptions to this condition
require written approval by the Division.
12. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/orequal to or greater than one (1) acre of wetlands. Forllnear public transportation
projects, impacts equal to or exceeding 150 linear feet. perstream-shall require mitigation.
Buffer mitigation may be required forany project with Buffer Rules in effectat thetime of
application for activities classified as "Allowable with Mitigation" or "Prohibited' within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
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 to the Division for written approval as required In those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site, Alternatively, the Division will accept payment into an in -lieu fee program ora
mitigation bank. In these cases, proof of payment shall be provided to the. Division before
any impacts occur on site.
13. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areasshall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) andrestored to prevent erosion.
14. All temporary pipes/ culvertal riprap pads etc, shall be installed In all streams as outlined In
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so asnot to restrict stream flow
or cause dis-equilibrium during use of this General Certification,
15. Any riprap required for proper culvert placement stream stabilization, or restoration of
temporarily disturbed areas shallbe restricted to the area directly Impacted by the approved
construction activity. All rip -rap shall buried and/or keyed in" such that the original stream
elevation and streambank contours are restored and. maintained. Placement of rip -rap or
other approved materials shall not result in de-stabdIzatlon of the stream bed or hanks
upstream or downstream of the area.
16. Any rip -rap. used for stream stabilization shall be of a size and density so as not to be able to
be carriedoff by wave, current action or stream flows and consist of clean rock or masonry
material freeof 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. -
17. A one-time application of fertilizer to to -establish vegetation is allowed in disturbed areas
including riparianbuffers, but Is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application mustcomply with all other Federal, State and Local
regulations.
Water Quality Certification No. 3883. 5

Water Quality Certification No. 3883
18. If an environmental document i6 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.
19.. In the twenty (20) coastal counties. the appropriate DWQ Regional. Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or Local approvals.
21. 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 §803(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.
22. 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 certificateshall be sent to the DWQ Central Office in Raleigh at 9680 Mail
Service Center, Raleigh, NC, 27699-1650.
23. Additional site-specific conditions, including monitoring and/or modeling requirements,may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards,
24.. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentationof proper credentials, to enter the property
during normal business hours
This General Certification shall expire on the same day as the expiration date ofthe
corresponding Nationwide and/or Regional: General Permit Theconditions in effect onthe date.
of Issuance of Certification for a specific project shalt remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
In revocation of this General Certification for the project and may also result In criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require. submission of'aformal
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 adverseeffect 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. -
Water Quality Certification No. 3833 6

Water Quality Certification No. 3883
Public bearings maybe held for specific applications or group of applications prior to
Certification decision If deemed In the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective. date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E.
Director
History Note Water Quality Certification (WQC) Number 3883 issued March 19, 2012 replaces
WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007, WOC
Number 3494 issued December 31, 2004; and WQC Number 3T76 issued March 18, 2002. This
General Cediflcation is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality,
Water Quality Certification No. 3883 7

Water Quality Certification No. 3885
_ GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENTAND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLIIDI G THO ELIGIBLE FOR U.S ARMY -.CO RPS OF
ENGINEERS NATIONWIDE:PERMIT NUMBERS��_3 B NK 5TABILIZATION). AND
27 (WETLAND AND RIPARIAN RESTORATION'. AND CREATION),
AND REGIONAL PE IT 1976Q0080 tgULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3885 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 02H 0500 and 16A NCAC 02B.0200 for the
discharge of fill 'material to waters. as described In 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian. Area Protection Rules (Buffer Rules) in 15A
NCAC 026.0200..
The State of North Carolina certifies that the specified category of actlyity Will not violate
applicable portions of Sections 301, 302, 303', 306 and 307 of. the Public Laws 92-500 and
96.217 if conducted In accordance with the conditions hereinafter set forth.
Activities meeting anyone (1) of the following thresholds or circumstances require written
approval fora 401 Water Quality Certification from the Dlvlslon of Water Quality(the
"Dlvlslon');
a) All proposed fill or modification of wetlands and/or waters, including streamsand
streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving In stream structures
for the sole purpose of streambank stabilization, which are designedbased on current
natural channel techniques,, and do not exceed a total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non -natural armoring such as dprap gablonbaskets, deflection walls etc of
which utilize natural streambank sloping, vegetation,and other natural channel protection
techniques of greater than 500 feet of streambank length: or
e). Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules. (15A NCAC 02H ,0500) Isolated Wetland Rules (15A NCAC 02H.
.1300), DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC
02B :0200);: or
f) Any impacts to streams and/or buffers in the Neuss, Tar -Pamlico,. or Catawba River
Basins or in the Randleman; Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection: Rules [Buffer Rules] in effect at the time of
application) unless the activities are listed as 'EXEMPT". from these rules or a Buffer
Authorization Certificate is Issued through. N.C. Division of Coastal Management (DCM)
delegationfor"ALLOWABLE" activities.
In accordance with North Carolina General Statute_143-21.5;31)la, written approval for a 401
Water Quality General Certification must include the appropriate fee If a project also requires a
LAMA Permit, then one payment: toboth agencies; shall be submitted and will be the higher of the
two fees,
Water Quality Certification No 3885 1

Water Quality Certification No. 3885
Activities Included In this General Certification that do not -meet one of the thresholds
fisted above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below: If any of these Conditions cannot be met, then.
written approval from the Division is required,
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 impacts Beyond those Authorized in the: Written Approval or Beyond the Threshold of 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 depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond: the thresholds established for
use of this Certification without written authorization including incidental impacts. All
construction activities, including the design installation, operation and maintenance of
sediment and erosion control Best Management Practices shag be performed so that no
violations of state water quality standards statutes or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
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 and if applicable comply with the specific conditions and
requirements of the NPDES.Construction: Stormwater Permit. issued to the site:
'a, beslgn installation operation and maintenance of the: sediment and: erosion control
shall bemaintained on all construction sites, borrow sites, and waste pile :(spoil).projects,
Including contractor-ownedor leased borrow pits associated with the project.
h. 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,
0. Reclamation measures and implementation must Comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971,.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watershedsclassified as Primary Nursery Areas FNAs),
$A WS -1, WS -II, High Quality (HOW), or Outstanding Resource (CRW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 16A NCAC 448 0124 Design Standards in Sensitive Watersheds,
Water Quality Certification' No. 3886 2

Water Quality Certification No, 3685
4. No Sediment and Erosion Control Measures, n Wetlands or Waters
Sediment and erosion control measures shall not be placed in Wetlands or waters..
Exceptions to this condition require application submittal to and written approval by the
Division If placement of sediment and erosion control devices in wetlands and waters is
unavoidable then design and. placement of temporary erosion control measures shall not be
conducted in. a manner that may result in d s -equilibrium of wetlands, stream beds or banks,
adjacent to or upstream and downstream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
dale that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1)or more acres of land, This Permit allows stormwater to be discharged during land
disturbingconstruction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan,. inspections and maintenance, self-monitoring, recordkeeping
andreporting requirements is required, A copy of the general: permit (NCG010000)„
inspection log sheets and otheriinformation may be found at
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.
8. Construction Moratotnums and Coordination
if activities must occur duringperiods of high biological activity (i.e. sea turtle. nesting fish
spawning or bird: nesting), then biological monitoring may berequired at the request of other
state or federal agencies and coordinated with these activities.
flab Iarvallpost4arval fishes and crustaceans, or other aquatic species of concern shall be
implemented, Exceptionsto this condition require written approval by they resource agency
responsible for the given moratorium.
Work within: the twenty-five (25) designatedtrout 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. Work N the Dry
All work In or adjacent to streamwaters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
:most current version of the NO Sediment and Erosion Control Manual, or the NO DOT
Construction and Maintenance Activities Manual such as sandbags rock berms cofferdam:
and other diversion structures shall be used to minimize excavation in flowing water'.
Exceptions to this condition require application submittal to and written approval by the
Water Quality Certification No. 3885 3

Water Quality Certification No. 3885
8, 'Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse. Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
'Goose Creek Watersheds (or any other basin or watershed withbuffer rules)Shall be limited
to "uses" identified within and constructed In accordance with 15A RCAC'02B .0233, .0259,.
:0243 0250, 0257 and .0605, 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. If concrete isused during. the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and Waters of the slate. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated plA and possible aquatic life/ fish kills.
10. All temporary fill and culverts shall be removed and theimpacted area returned to natural
:conditions within 50 days of the determinationthat the temporary Impact is no longer
necessary. The impacted areas shall be restored to original, grade, including each stream's
original cross sectional dimensions plan form pattern and longitudinal bed and bed .profile,
.and the various sites shall be stabilized with natural woody vegetation (except for the
.approved maintenance areas) and restored to prevent erosion.
11. All temporary pipes/ culverts/rJprap pads etc, shell be installed In all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planningslid
Design Manual or the North Carolina Sorface Mining Manualso as not to testnet stream flow
or cause dis-equilibrium during use of this General Certification.
-12. Any riprap required for proper culvert placement, stream stabilization or restoration of
temporarily: disturbed areas shall be restricted to the area directly impacted by the approved
construction. activity. All rip -rap shall burled and/or keyed in"such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result In de -stabilization of the stream bed or banks
upstream cu downstream of the area
13. Any rip -rap used for stream stabilization shall be of a size and density sous not to beable to
be carried off by wave, current action, or stream Slows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed In theetreambed
except In specific areas required for velocitycontrol and to ensure structural integrity of bank
stabilization measures.
14, A one-time application of fertilizer to re-establish vegetation s.allowed in disturbed: areas
including riparian buffers, but is restrictedto no closer than10 feet from top of bank of
streams Anyyfertilizer application must comply with all other Federal, State and Local
regulations.
15: Applications for hprapgroinsproposed to 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 fordesign
and construction specified in I 5: NCAC 07H .1405.
Water quality Certification No 3885 4.

Water Quality Certification No 3885
16, Compensatory Mitigation
In accordance: with 15A NCAC 02H 0606(h), compensatory mitigation may be. required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
'and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equalto or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect atthe time of
application for activities classified as. Allowable with. Mitigation" or "Prohibited" within the
Table of Uses:.
A: determination of buffer,wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
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 to the Division: for written approval as required in those
protowis. The mitigation plan must be implemented and/or constructed before any impacts
occur on site, Alternatively, the Division willaccept paymentinto an in -lieu feeprogram or a.
mitigation bank, In these cases; proof of payment shall be provided to. the Division before.
any impacts occur on site.
17. If an environmental document isrequired under the National of State Environmental Policy
Art 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.
18. In the twenty (20) Coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
19. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. The aonlioant/oermittee and their authorized agents shall conduct all activities In a manner
Law. If the Division determines that such standard
ire to sustain a desidnsted or achieved use, or that
then the
21. 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. shallbe sent to the DWQ Central Office in Raleigh at 1850 Mail
.Service Center, Raleigh, NC, 27699-1650.
22. Additional: site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards.
23. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials to enter the property
during normal business hours..
Water Quality No, 3885 5

Water Quality CertificationNo. 3885
This General Certificationshall expire on the same day as the expiration date of the
corresponding. Nationwide and/or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the fife of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, Including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings maybe 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.
History. Note: Water Quality Certification (V
WQC Number 3688 issued November f„ 26
Number 3495 issued December 31,: 2004; 6
General Certification is rescinded when the
corresponding Nationwide andfor Regional
the Director of the Division of Water Quality
Water Quality Certification No. 3885
Effective date; March 19, 2012
DIVISION OF WATER. QUALITY
By
M, -M 46
Charles Waklld, P.E.
Director
5399 issued March 2003, This
s reauthorizes any of the
ddlor when deemed appropriate by
6

PAT MCCRORY
N
a coremo.
DONALD R. VAN DER VAART
sa"ro
WaterRescurces S. JAY ZIMMERMAN
ENNPONMENTAL..AIITV
D-aar
WR Project No.: County:
Applicant:
Project Name:
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 retain this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicam,.the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certfearion
I, , 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
I, 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:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Penniless 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: Registration No.
Date
State ofNOM Ceeolim I Evvirarra el Quality I Wales Res -
1611 WE service Cens.I Fa4]g4 Nook Camara 276991611
919707 W00