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HomeMy WebLinkAbout20111127 Ver 1_No Written Concurrence_20120208A EMM, 'Wh MCD North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary February 8 2012 DWQ Project # 11 1127 Brunswick County Ms Shirley Corbett PO Box41 Riegelwood NC 28456 Subject Property 111 Burlington Street — Holden Beach NO WRITTEN CONCURRENCE NEEDED Dear Ms Corbett You have our approval in accordance with the attached conditions and those listed below to impact 0 008 acres of 404 wetlands to install 50 linear of bulkhead as described within your application received by DWQ on December 23 2011 After reviewing your application we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Numbers 3689 (GC3689) and 3821 (GC3821) are met These certifications may also be viewed on our website at http //h2o enr state nc us /ncwetlands This Certification allows you to use the Nationwide 13 & 18 Permits when issued by the US Army Corps of Engineers 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 Upon completion of all work approved within the 401 Water Quality,Certification or applicable Buffer Rules and any subsequent modifications the applicant is iegoire4 to return the attached certificate of completion to the 401/Wetlands Unit North Carolina Divii8ion of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 p 1617 Mail Service Center Raleigh North Carolina 276991617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919807 -63001 FAX 919 - 807 -64921 Customer Service 1- 877 -623 -6748 Internet www ncwateguality org One An Equal Opportunity 1 Affirmative Action Employer North Carolina MA(M Y 2 Shirley Corbett Brunswick County 2011 1127 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts) 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 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 waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit 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 (919) 807 6300 or myself at our Wilmington Regional Office at (910) 796 7215 Sincerely Chad Coburn Senior Environmental Specialist Enclosures GC 3689 GC 3 821 Certificate of Completion cc Gary Gurganus — Gary Gurganus Land Surveying 1108 Sword Street Supply NC 28462 Dave Timpy — USACE Wilmington Field Office Ian McMillan — Wetlands Buffers and Stormwater Compliance and Permitting Unit W1RO F R t3 r 1 Gtr t i Water Quality Certification No 3689 AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) Water Quality Certification Number 3689 is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H 0500 and 15A NCAC 2B 0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i a Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080 The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized wetland and riparian restoration or creation and the construction and maintenance of bulkheads on non Federal Energy Regulatory Commission (FERC) lakes The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217 if conducted in accordance with the conditions set forth Ail proposed fill or modification of wetlands and /or waters including streams and streambanks under this General Certification requires application to and written approval from the Division of Water Quality (the Division ) regardless of the purpose of the restoration enhancement stabilization or creation activity Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500 feet of stream banks to protect property are exempt from the requirement for written approval Any impacts to riparian buffers associated with this work in the Neuse Tar Pamlico Randleman and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application [in accordance with 15A NCAC 213 0200]) will require written approval unless the activities are listed as EXEMPT from these Rules - In accordance with North Carolina General Statute Section 143 215 313(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 r Conditions of Certification 1 Activities shall meet the definitions design and monitoring protocols specified within th ®,US Army Corps of Engineers Wilmington District Regulatory Guidance Lbt Mr, ,,(RGLQ2 -02) and the Stream Mdtgatron Guidelines (April 2003) or any subsequent updates to these-t-- Pi documents 2 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the Pre - construction Notification and /or those authorized by this Certification including incidental impacts All construction activities including the design installation operation and maintenance of sediment and erosion control Water Quality Certification No 3689 Water Quality Certification N° 3689 Best Management Practices shall be performed so that no violations of state water quality standards statutes or rules occur 3 Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices a Design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the project b For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual c Reclamation measures and implementation must comply with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971 d Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times except for publicly funded linear transportation projects when materials can be accessed offsite in a timely manner e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs) Trout (Tr) SA WS I WS II High Quality (HQW) or Outstanding Resource (ORW) waters then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B 0124) supercede all other sediment and erosion control requirements 4 No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters outside of the permitted impact areas without prior approval by the Division If placement of sediment and erosion control devices in wetlands and waters is unavoidable design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project 5 Construction Stormwater Permit 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 no us/syforms Documents him The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit Water Quality Certification No 3689 Water Quality Certification No 3689 6 Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i a 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 NC Wildlife Resources Commission will not object to construction of Natural Resources Conservation Service (NRCS) urgent and compelling sites during the spawning period provided these projects are to the extent appropriate and practical constructed by a Using flow diversion structures such as sandbags b Placing large size rock toes and filter cloth backing for stabilization sites before backfilling and c Excavating new channel alignments in dry areas Construction at non urgent and compelling sites shall not occur during the spawning period to minimize the potential adverse effects of multiple construction activities on trout or anadromous fish resources in this stream 7 Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be used to minimize excavation in flowing water Exceptions to this condition require submittal to and approval by the Division 8 Riparian Area Protection (Buffer) Rules Activities located in the protected 50 foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse Tar Pamlico Randleman Catawba (or any other basin with buffer rules) shall be limited to uses identified within and constructed in accordance with 15A NCAC 213 0233 0259 0250 and 0243 and shall be located designed constructed and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices All buffer rule requirements including diffuse flow requirements must be met 9 Water Supply Watershed Buffers The 100 foot wide (high density development) or the 30 foot wide vegetative buffer (all other development) must be maintained adjacent to all perennial waters except for allowances as Water Quality Certification No 3689 Water Quality Certification No 3689 provided in the Water Supply Watershed Protection Rules [15A NCAC 2B 0212 through 0215] 10 If concrete is used during the construction then a dry work area should be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills 11 Any rip rap shall be of such a size and density so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures If rip rap is to be installed within the streambed the amount and location must be approved in writing by the Division of Land Resources and Division of Water Quality However rock vanes wing deflectors and similar structures for grade control and bank protection are acceptable 12 If an environmental document is required under NEPA or SEPA then this General Certification is not valid until a Finding of No Significant Impact or Record of Decision is issued by the State Clearinghouse 13 Additional site specific conditions may be added to the written approval attached to this Certification in order to ensure compliance with all applicable water quality and effluent standards 14 This Certification shall expire three (3) years from the date of the approval letter from DWQ or on the same day as the corresponding Nationwide Permit In accordance with General Statute 136-44 7B certifications issued to the NCDOT shall expire only upon expiration of the federal 404 Permit The conditions in effect on the date of issuance of Certification for a specific protect shall remain in effect for the life of the protect regardless of the expiration date of this Certification If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit then the General Certification shall also remain in effect without requiring re application and re approval to use this Certification for the specific impacts already approved 15 The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal Law If the Division determines that such standards or laws are not being met including failure to sustain a designated or achieved use or that State or Federal law is being violated or that further conditions are necessary to assure compliance then the Division may reevaluate and modify this General Water Quality Certification 16 Certificate of Completion When written authorization is required for use of this certification upon completion of all permitted impacts included within the approval and any subsequent modifications the applicant shall be required to return the certificate of completion attached to the approval One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center Raleigh NC 27699 1650 Non compliance with or violation of the conditions herein set forth by a specific project shall result in revocation of this Certification for the project and may also result in criminal and /or civil penalties Water Quality Certification No 3689 4 Water Quality Certification No 3689 The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public s best interest by the Director of the North Carolina Division of Water Quality Effective date November 1 2007 DIVISION OF WATER QUALITY By Coleen H Sullins Director History Note Water Quality Certification Number 3689 replaces Water Quality Certification (WQC) Number 3399 issued March 2003 Water Quality Certification (WQC) Number 3495 issued December 31 2004 and Water Quality Certification (WQC) Number 3626 issued March 2007 This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water Quality Water Quality Certification No 3689 Certification of Completion DWQ Project No Applicant Project Name Date of Issuance of Wetland Permit County 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 used in the observation of the compliance and intent of the 401 and other supporting materials Signature Agent's Certification used in the observation of the compliance and intent of the 401 and other supporting materials Signature hereby state that to the best of my abilities due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules the approved plans and specifications Date hereby state that to the best of my abilities due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications Date w If this project was designed by a Certified Professional I as a duly registered Professional 41` J(i a 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 Signature Registration No Date Water Quality Certification No 3821 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 26 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 a Nationwide Permit No 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 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 124000 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 213 0212 through 0215] All 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 213 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 inciudmg temporary and /or permanent impacts II Impacts (temporary and /or permanent) to waters�� a Equal to or greater than one third (113) of an acre Eastof Interstate 95 (1 95) b Equal to or greater than one tenth (1/10) acre West of Interstate'95 (I 95) - f i k'°4 Pei III Wetland impacts (temporary and /or permanent) 1 f a Equal to or greater than one third (1/3) acre East of Interstate 95 b Equal to or greater than one tenth (1/10) acre West of Interstate 95 c Any impacts to wetlands adjacent to waters designated as ORW SA WS I 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 05061 Water Quality Certification No 3821 1 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 protect occurs in waters or watersheds classified as Primary Nursery Areas (PNAs) 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 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 http 11h2o enr state nc us/su /Forms Documents htm 5 Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i a 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 0215] 9 If concrete is used during the construction then a dry work area should be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic 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 the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates Compensatory mitigation plans shall be submitted for written Division approval as required in those protocols Alternatively the Division will accept payment into an in lieu fee program or credit purchase from a mitigation bank Finally the mitigation plan must be implemented and /or constructed before any permanent budding 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 3821 Water Quality Certification No 3821 transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable Rip rap A -lacks concrete gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream however the applicant must provide written justification and any calculations used to determine the extent of rip rap coverage Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District April 2003 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 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 quality impairment NSW A minimum of 30 percent total phosphorus and 30 percent total nitrogen removal or other applicable nutrient reduction goal for the watershed as codified in the15A 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 u 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 1 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 ni 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 badges 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 DIVIS►on will consider alternative design proposals Any nprap 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 budding 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 7 Water Quality Certification No 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 ora /web /wo /swp /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 3821 Water Quality Certification No 3821 Effective date April 6 2010 DIVISION OF WATER QUALITY By Coleen H ullins 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