HomeMy WebLinkAbout20111062 Ver 3_WQC 3821_Villagio_03-12-12_20210127Beverly Eaves Perdue
Governor
14ONtaj
N DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, PE
Director
March 12, 2012
La Scala Associates, LLC MAR 16 2012
Attn: Daryl Cady
123 S. White Street
Wake Forest, NC 27587
Subject Property: Villagio at La Scala Apartment Site
UT to Smith Creek [030402, 27-23-(2), C; NSW]
Dee Freeman
Secretary
DWQ Project # 11-1062
Wake County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233)
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.046 acre of 404. wetland (permanent impacts), 97 linear feet of perennial stream channel (permanent
impacts), 5,771 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts), 3,960
square feet of Zone 2 Neuse basin protected riparian buffer (permanent impacts), 220 square feet of Zone 1 Neuse
River basin protected riparian buffer (temporary impacts), and 502 square feet of Zone 2 Neuse River basin
protected riparian buffer (temporary impacts) for a multi -family housing development, as described in your
application received dated December 6; 2011. and received by the Division of Water Quality (DWQ) on December
6, 2011 and additional information dated February 16, 2012 and received by DWQ on February 16, 2012. After
reviewing your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3821 (GC3821). The Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by
the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non -discharge regulations. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 Permit or unless otherwise rescinded by the Director of the Division
of Water Quality.
This approval is for the purpose and design that you 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed
below.
NorthCarolina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10`:'o Post Consumer Paper
Page 2
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental and/or temporary impacts:
Type of Impact
Amount Approved Units
Plan Location or Reference
404 Wetland
0.046 (acre) permanent impact
PCN page 5 of 14 revised 2/16/12
Stream - perennial
97 (linear feet) permanent impact
PCN page 5 of 14 revised 2!16112
Buffers Zone 1
5,771 (square ft.) permanent impact
PCN page 7 of 14 revised 2/16/12
Buffers Zone 2
3,960 (square ft.) permanent impact
PCN page 7 of 14 revised 2!16/12
Buffers Zone 1
220 (square ft.) temporary impact
PCN aae 7 of 14 revised 2,'16/12
Buffers Zone 2
502 (square ft.) temporary impact
PCN page 7 of 14 revised 2/16/12
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre -Construction Notification. All construction activities;
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from 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;
Page 3
5. Stormwater Management Plan (SMP) Approval Required
Please provide one copy of the approved SMP, including plan details on full-sized plan sheets, with proof
of the Town of Wake Forest's approval. The approved SMP must be submitted to the DWQ WeBSCaPe
Unit before any impacts authorized in this certification occur. The following requirements also apply:
The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the Town of Wake Forest. A
copy of the approval letter and the modified SMP must be submitted to the DVN'Q WeBSCaPe Unit
prior to the commencement of the modifications.
6. Diffuse Flow Plan Approval Required
Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage from this site must be
discharged through either a correctly designed level spreader or a BMP that provides appropriate control
of sediment and nutrients (a minimum of 30% removal of TN and TP). If the stormwater management
plan approved by the Town of Wake Forest per Item (5) above meets the nutrient control requirement,
then no further action is required. Otherwise, please provide a level spreader —vegetated filters strip (LS-
VFS) at each stormwater discharge point for review by the DWQ. The LS-VFS must meet the design
requirements in Chapter 8 of the North Carolina Stormwater BMP Manual, available at:
h!W://portal.ncdenr.org/web/wq/ws/su/bmp-manual. Please provide one Level Spreader Supplement
Form for each proposed level spreader, available at: http://portal.ncdenr.ory/web/wq/ws/su/bmp-manual.
Please include the Required Items checklist and all items listed therein. The DWQ WeBSCaPe Unit must
approve the diffuse flow plan before any new stormwater conveyances are discharged through the
protected Neuse Riparian Buffer.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section
.0500.
8. Notification of Project Commencement
Please notify DWQ (Lauren Witherspoon at (919) 791-4251 or lauren.witliers oongnedenr gov) of the
proposed start date of the project.
9. 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 the attached certificate of
completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to
Page 4
waters and riparian buffers as depicted in your application and as authorized by this Certification, shall expire
upon expiration of the 404 or unless otherwise rescinded by the Director of the Division of Water Quality.
If you wish to contest an), statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-431-3000, Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 ofthe Clean Water Act and
the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Lauren Witherspoon, at 919-791-4251.
S' cerely,
Q�� m/
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 382I
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 11-1062—Villagio at La Scala Apartments_401_NBR_Approval
Water Quality Certification No. 3821
41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES).
44 (MINING ACTIVITIES). AND 46 (DISCHARGES IN DITCHES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3821 is issued.in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 213
.0200 for the discharge -of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States () as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 43, 44, and 46)
of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) 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 criteria require written approval from the
Division of Water Quality (the "Division"):
I. Stream and/or buffer impacts:
a. Any impacts to perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or
Outstanding Resource Water (ORW) watersheds. Only water -dependent activities, public
projects, and structures with de minimus increases in impervious surfaces will be allowed
as outlined in those rules [15A NCAC 28 .0212 through .02151. A!! other activities require a
variance from the delegated local government and/or the NC Environmental Management
Commission before the application for the 401 Water Quality Certification can be
processed.
b. Any impacts to streams and buffers in the Neuse, Tar -Pamlico, Randleman, Catawba, and
Jordan 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]), unless the
activities are listed as "EXEMPT' from these Rules.
c. Any impacts to streams involving excavation or dredging.
d. Total stream impacts equal to or greater than 150 linear feet of intermittent and/or perennial
stream to be filled, culverted, rip rapped, or relocated, including temporary and/or
permanent impacts.
11. Impacts (temporary and/or permanent) to waters:
a. Equal to or greater than one-third (1/3) of an acre East of Interstate 95 (1-95).
b. Equal to or greater than one -tenth (1/10) acre West of Interstate 95 (1-95).
III. Wetland impacts (temporary and/or permanent):
a. Equal to or greater than one-third (1/3) acre East of Interstate-95.
b. Equal to or greater than one -tenth (1110) acre West of Interstate-95.
c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS-1, WS-II, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River.
d. Any impacts to coastal wetlands (15A NCAC 7H .0205)], or Unique Wetlands (UWL) [15A
NCAC 2H .0506].
Water Quality Certification No. 3821
Water Quality Certification No. 3821
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources.
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 that are below the thresholds, or otherwise do not meet the criteria listed above
in this General Certification do not require written approval from the Division of Water
Quality as long as they comply with the Conditions of Certification listed below, including
the Stormwater Management Plan condition. If the project requires a Stormwater
Management Plan, but is otherwise below the written approval thresholds, the applicant
may provide a courtesy copy of the Pre -Construction Notification along with a copy of the
Stormwater Management Plan (and approval letter from the appropriate locally delegated
state program where applicable). If any of these Conditions cannot be met, then written
approval from the Division is required.
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 and
authorized in the written approval from the Division, 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, 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.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS-1, 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.
Water Quality Certification No. 3821
Water Quality Certification No. 3821
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior 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 dis-equilibrium of wetlands or
stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full 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
httAJ/h2o.enr.state.nc.us/su/Forms Documents.htm.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division of Water Quality,
Water Quality Certification No. 3821
Water Quality Certification No. 3821
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar -Pamlico, Catawba, Randleman, and Jordan (or any other basin
with buffer rules), shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0233, .0259, .0250, .0243, and .0267, and shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices. All buffer rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low -density development) or the 100-foot wide vegetative
buffer (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 .02151.
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams (intermittent and perennial) and/or one (1) acre
or more of wetlands. For linear, public transportation projects, impacts equal to or exceeding
150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow tl le US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in -lieu fee program or credit purchase from a mitigation
bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in -lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re -alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species,
and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
Water Quality Certification No. 382I
Water Quality Certification No. 3821
transitional phase incorporating appropriate erosion control matting materials and seedling
establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard structures may
be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. Linear public transportation projects will be required to treat stormwater runoff to
the Maximum Extent Practicable in accordance with the practices described in the
NCDOT Best Management Practices (BMP) Manual.
B. All other projects shall comply with the requirements set forth below. In addition,
the applicants shall follow the procedures explained in the version of Protocol for
Stormwater Management Plan (SMP) Approval and Implementation that is in place
on the date of the submittal of the SMP.
i. Project Density: Projects with SMPs that require 401 Oversight/ Express Unit
approval shall be classified as either Low or High Density according to the
criteria described below.
a. Low Density: A development shall be considered Low Density if ALL of
the following criteria are shown to have been met.
1. The overall site plan, excluding ponds, lakes, rivers (as specified in
North Carolina's Schedule of Classifications) and saltwater wetlands
(SWL), must contain less than 24% impervious surface area
considering both current and future development.
2. All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual.
3. The project must not include a stormwater collection system (such as
piped conveyances) as defined in 15A NCAC 2B .0202(60).
4. If a portion of project has a density equal to or greater than 24%,
then the higher density area must be located in an upland area and
away from surface waters and drainageways to the maximum extent
practicable.
b. High Density: Projects that do not meet all of the Low Density criteria
described above are considered to be High Density, requiring the
installation of appropriate BMPs as described below.
1. All stormwater runoff from the site must be treated by BMPs that are
designed, at a minimum, to remove 85 percent of Total Suspended
Solids (TSS).
Projects located in watersheds that drain directly to waters
containing the following supplemental classifications shall meet
these additional requirements:
Water Quality Certification No. 3821
Water Quality Certification No. 3821
Water Quality
Stormwater BMP Requirement
Supplemental
Classification
§303(d)
Project -specific conditions may be added
by the Division to target the cause of the
water qualit impairment.
NSW
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal, or other applicable nutrient
reduction goal for the watershed as
codified in thel5A NCAC 2B .0200 rules.
Trout (Tr)
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal; BMPs should also be designed
to minimize thermal pollution.
3. All BMPs must be designed in accordance with the version of the NC
Division of Water Quality Stormwater Best Management Practices
Manual that is in place on the date of the submittal of the SMP. Use
of stormwater BMPs other than those listed in the Manual may be
approved on a case -by -case basis if the applicant can demonstrate
that these BMPs provide equivalent or higher pollutant removal and
water quality protection.
ii. Vegetated Setback: In areas that are not subject to a state Riparian Area
Protection Rule, a 30-foot wide vegetated setback must be maintained
adjacent to streams, rivers and tidal waters as specified below.
a. The width of the setback shall be measured horizontally from:
The normal pool elevation of impounded structures,
2.The streambank of streams and rivers, and
3.The mean high waterline of tidal waters, perpendicular to shoreline.
b. The vegetated setback may be cleared or graded, but must be planted with
and maintained in grass or other appropriate plant cover.
c. The DWQ may, on a case -by -case basis, grant a minor variance from the
vegetated setback requirements pursuant to the procedures set forth in
15A NCAC 02B .0233(9)(b).
d. Vegetated setbacks and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal,
isolated or 404 jurisdictional wetlands.
iii. Stormwater Flowing to Streams and Wetlands: Stormwater conveyances
that discharge to streams and wetlands must discharge at a non -erosive
velocity prior to entering the stream or wetland during the peak flow from the
ten-year storm.
iv. Projects Below Written Authorization Thresholds: Projects that are below
written authorization thresholds must comply with the version of Protocol for
Water Quality Certification No. 3821
Water Quality Certification No. 3821
Stormwater Management Plan (SMP) Review and Approval that is in place on
the date of the certification for the project.
v. Phased Projects: The DWQ will allow SMPs to be phased on a case -by -case
basis, with a final SMP required for the current phase and a conceptual SMP
for the future phase(s). If the current phase meets the Low Density criteria, but
future phase(s) do not meet the Low Density criteria, then the entire project
shall be considered to be High Density.
13. 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
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
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.
If site -specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head -cutting upstream, the Division will consider
alternative design proposals.
Any riprap 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 riprap or other bank hardening
methods.
14. Additional site -specific conditions 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.
15. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
16. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Water Quality Certification No. 3821
Water Quality Certification N°. 3821
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
http://portal ncdenr oralweb/wg/swr)/ws/401/certsandpermits/apply/forms
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. 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.
19. This General Certification shall expire three (3) years from the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re -application and re -approval to use this Certification for the specific
impacts already approved.
20. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Water Quality Certification No. 3921
Water Quality Certification No. 3821
Effective date: April 6, 2010
DIVISION OF WATER QUALITY
By
Coleen H. Vullins
Director
History Note: Water Quality Certification (WQC) Number 3821 issued April 6, 2010 replaces
WQC Number 3705 issued November 1, 2007, WQC Number 3631 issued March 19, 2007, WQC
Number 3402 issued March 2003, WQC Number 3362 issued March 18, 2002, WQC Number
3287 issued June 1, 2000, and WQC Numbers 3106 and 3108 issued on February 11, 1997.
This Water Quality Certification is rescinded when the Corps of Engineers re -authorizes
Nationwide Permits 18, 29, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of
the Division of Water Quality.
Water Quality Certification No. 3821
Azil * 1 :
N DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE
Governor Director
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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, 27699-1650. 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 Certfcation
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:
Agent's Certification
Date:
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:
If this project was designed 63• 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 Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature
Date
Registration No.
1650 Mail Service Center, Rale;9h, North Carolina 27699-1650
Location: 512 N Salisbury St Floor 9 "Raleigh North Cerolina 27604-1110 One
Phone: 919-807-63011 FAX: 919-307-6494 NorthCarohna
Internet: www.ncwaterquality.c!'g �N� l//�
An Equal Opportunity 1 Ar`rnnariva nNat cfon Ernpinyer L