HomeMy WebLinkAbout20111127 Ver 1_No Written Concurrence_20120208A EMM,
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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
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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
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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