20090830 Ver 1_No Written Concurrence_20090910

North Carolina
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
September 10, 2009
U.S. Army Corps of Engineers
c/o Mr. Jeff Richter
689 Darlington Avenue
Wilmington NC 28403
Natural Resources
Dee Freeman
Secretary
Brunswick County
DWQ Project #: 09-0830
Subject Property: Oak Island: DA286 (Sheep Island)
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Richter:
You have our approval, in accordance with the attached conditions to extend the existing
drainage outfall on DA286 (Sheep Island) as described in your application received by the DWQ
on July 31, 2009. After reviewing your application, it has been determined that the impacts are
below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3700 (GC3700) are met. This certification may also be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that is described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
Phone [phone]
FAX [phone]
NoAhCarolina
Customer Service 1 -877-623-67Na&Mlly
Internet: h2o.enr.state.nc.us
2
DA 286 (Sheep Island)
Brunswick County
2009-0830
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. If you do not accept any of the conditions of this
certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date
that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone].
Sincerely,
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Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3700
Certification of Completion
cc: Ian McMillan - DWQ 401 Oversight Unit
Coleman Long - Corps of Engineers Wilmington
W iRO
Water Quality Certification No. 3700
Water Quality Certification Number 3700 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, Section.0500 and 15A NCAC 213.0200
for the discharge of fill material to waters and wetlands as described in 33 CFR 330 Appendix A
(B) (16) Return Water From Upland Contained Disposal Areas, and the Riparian Area Protection
Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include the discharge
of return water from an upland, contained dredge disposal area.
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.
Proposed fill or modification of wetlands or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division"). Activities that are located within river basins with Riparian Area Protection
Rules (Buffer Rules) require written approval unless listed in the Table of Uses as
"EXEMPT".
The timing of the dredging and discharge shall be addressed by the applicant in the Pre-
construction Notification Application, in order to lessen impact on aquatic organisms and their
reproduction. This timing shall comply with dredging windows established by the NC Wildlife
Resources Commission, NC Division of Marine Fisheries, and/or the US Fish and Wildlife
Service.
In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, then one payment to both agencies shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
1. No Impacts Beyond those in Authorized in the Written Approval
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval, 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.
Water Quality Certification No. 3700
Water Quality Certification No. 3700
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout (Tr), 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 shall not be placed in wetlands or waters without
prior approval by 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 NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.uslsu/Forms Documents.htm.
5. 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 river 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.
6. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) shall be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215).
Water Quality Certification No. 3700
Water Quality Certification No. 3700
7. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern must be
obeyed.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
8. Work in the Dry
All work in or adjacent to stream waters should 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. Channel realignments shall be constructed by excavating the
new channel from downstream to upstream before connecting it to the existing channel.
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
10. The discharge shall not contain levels of toxic pollutants that would result in a violation of
state water quality and wetland standards.
11. The terminal end of the pipeline from the dredge into the retention area shall be positioned
at a maximum distance from spillways to allow adequate settling of suspended solids and
a sufficient distance from any part of the dike so as to preclude dike erosion by the pipeline
discharge. Effluent shall be released waterward of emergent marsh or tidal flats when
located within these systems.
12. A water control structure shall be installed at the intake end of the effluent leading from the
retention area in order to insure maximum settling of suspended solids and control of
discharge volumes.
13. The flow from the diked retention area shall be contained by pipe, metal or wooden trough,
or similar device to a point waterward of any emergent vegetation along the shoreline
unless it can be clearly shown by the applicant that a different design will result in less
environmental impact.
14. Sufficient freeboard shall be maintained within the diked disposal area during the dredging
operation to assure the integrity of the dike structure and the containment of the dredged
material.
15. Native forested vegetation shall be re-established in any construction access or other
temporary impact area within the next growing season following construction of a project.
16. Hydraulic dredging in piedmont and mountain lakes (as well as some locations in the
coastal plain when specified by the Division) which utilize an upland diked disposal basin with
a return pipe for the return water shall utilize the "two basin" design, or have written approval
from the Division to vary from this design.
Water Quality Certification No. 3700 g
Water Quality Certification No. 3700
17. The concentration of settleable solids in the effluent being discharged from the diked
disposal area shall be no greater than 0.1 ml/I.
18.The appropriate turbidity water quality standard shall not be exceeded or be above
ambient background levels (whichever is more stringent) beyond an appropriate mixing zone
if one is established for a project by the Division.
19.The disposal area dikes shall be stabilized with vegetative cover within one (1) day after
construction to minimize erosion.
20. Additional site-specific conditions may be added to the cover letter in order to ensure
compliance with all applicable water quality and effluent standards.
21.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;
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 certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
23. 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. 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.
24. 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, stream 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. 3700
Water Quality Certification No. 3700
Effective date November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3700 replaces Water Quality Certification
Number 1273 issued in November 10, 1978, Certification Number 2668 issued on January 21,
1992, Certification Number 3105 issued on February 11, 1997, Certification Number 3363 issued
on March 18, 2002, and Certification Number 3629 issued on March 19, 2007. This General
Certification is rescinded when the Corps of Engineers reauthorize Nationwide Permit 16 or when
deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3700 5
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
1, , 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 Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Signature: Registration No. Date