20120397 Ver 1_No Written Concurrence_20120518

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
May 18 2012
DWQ Protect # 12 0397
Brunswick County
Ms Martha Hopkins
821 Oak Ridge Drive
Eden NC 27288
Subject Property 17`h Street East, Tract 8, Lot 22 — Oak Island
NO WRITTEN CONCURRENCE NEEDED
Dear Ms Hopkins
You have our approval in accordance with the attached conditions and those listed below to permanently
impact 0 051 acres of 404 wetlands to construct a single family residence as described within your
application received by DWQ on April 19 2012 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 Number 3890 (GC3890) are met These certifications may also be viewed on our
webslte at http //portal ncdenr or web /wq /swp /ws/401 /certsandpermlts This Certification allows you to
use the Nationwide 18 Permit 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 required to return the attached
certificate of completion to the 401/Wetlands Unit North Carolina Division of Water Quality 1650
Mail Service Center Raleigh NC 27699 1650
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623-6748
Internet www ncwaterauality ora
An Equal Opportunity \ Affirmative Action Employer
NorthCarohna
;Vaturallff

2
17'h Street East Tract 8 Lot 22 Oak Island
Brunswick County
2012 0397
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 [phone] or myself at our
Wilmington Regional Office at [phone]
Sincerely
,�� a-c"
Chad Coburn
Senior Environmental Specialist
Enclosures GC3890
Certificate of Completion
cc Kim Williams — Land Management Group Inc 3805 Wrightsville Avenue Suite 15
Wilmington NC 28403
Emily Hughes — USACE Wilmington Field Office
Ian McMillan — Wetlands Buffers and Stormwater Compliance and Permitting Unit
WiRO

Water Quality Certification No 3890
Water Quality Certification Number 3890 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 02H 0500 and 15A NCAC 02B 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 44 and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
02B 0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217
if conducted in accordance with the conditions hereinafter set forth
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
Division )
a Any impacts to streams involving excavation or dredging or
b Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream including temporary and /or permanent impacts or
c Any stream relocation or
d Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program (such
as but not limited to Coastal Counties HQW ORW or state implemented Phase II
NPDES) or a certified community s stormwater program or
e Temporary or permanent impacts equal to or greater than one tenth (1/10) acre of wetlands
or open waters or
f 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 or
g Any impacts to coastal wetlands [15A NCAC 07H 0205)] or Unique Wetlands (UWL) [15A
NCAC 02H 05061 or
h Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
DWQ Wetland Rules (15A NCAC 02H 0500) Isolated Wetland Rules (15A NCAC 02H
1300) DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC
02B 0200) or
i Any impacts to streams and /or buffers in the Neuse Tar Pamlico or Catawba River Basins
or in the Randleman Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless the activities are listed as EXEMPT from these rules or a Buffer Authorization
Certificate is issued through N C Division of Coastal Management (DCM) delegation for
ALLOWABLE activities
In accordance with North Carolina General Statute 143 215 Me) 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
Water Quality Certification No 3890

Water Quality Certification No 3890
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below If any of these Conditions cannot 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 as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization including incidental impacts All
construction activities including the design installation operation and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards statutes or rules occur Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit
2 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation and operation and maintenance of such Best
Management Practices and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site
a Design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
b For borrow pit sites the erosion and sediment control measures must be designed
installed operated and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs)
SA WS I WS II High Quality (HQW) or Outstanding Resource (ORW) waters then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B 0124 Design Standards in Sensitive Watersheds
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Water Quality Certification No 3890
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
Exceptions to this condition require application submittal to and written approval by the
Division If placement of sediment and a onion control devices in �%etlands 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 stream beds or banks
adjacent to or upstream and downstream of the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project
4 Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit If your project
is covered by this permit full compliance with permit conditions including the erosion &
sedimentation control plan inspections and maintenance self monitoring record keeping
and reporting requirements is required A copy of the general permit (NCG010000)
inspection log sheets and other information may be found at
httv Hportal ncdenr orq /web /wq /ws /su /npdessw#tab w
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit
5 Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a sea turtle nesting fish
spawning or bird nesting) then biological monitoring may be required at the requestof other
state or federal agencies and coordinated with these activities
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 Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium
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 so that the flowing stream does
not come in contact with the disturbed area Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual or the NC DOT
Construction and Maintenance Activities Manual such as sandbags rock berms cofferdams
and other diversion structures shall be used to minimize excavation in flowing water
Exceptions to this condition require application submittal to and written approval by the
Division
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Water Quality Certification No 3890
7 Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not)
within the Neuse Tar Pamlico or Catawba River Basins or in the Randleman Jordan or
Goose C eek Watersheds (or ary other basin or r atershed f it', buffer rules) shall be limi +ed
to uses identified within and constructed in accordance with 15A NCAC 02B 0233 0259
0243 0250 0267 and 0605 and shall be located designed constructed and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices All buffer rule requirements including diffuse
flow requirements must be met
8 If concrete is used during the construction then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills
9 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed
across the bridge and pre treated through site appropriate means (grassed swales pre
formed scour holes vegetated buffers etc ) before entering the stream Please refer to the
most current version of Stormwater Best Management Practices Exceptions to this condition
require written approval by the Division
10 Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h) compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre 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 activities classified as Allowable with Mitigation or Prohibited within the
Table of Uses
A determination of buffer wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and /or Regional General Permit
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols The mitigation plan must be implemented and /or constructed before any impacts
occur on site Alternatively the Division will accept payment into an in lieu fee program or a
mitigation bank In these cases proof of payment shall be provided to the Division before
any impacts occur on site
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Water Quality Certification No 3890
11 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 Veqetation used for bank
stab lization 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 transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual Rip rap A Jacks concrete gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream however the
applicant must provide written justification and any calculations used to determine the extent
of rip rap coverage Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District April 2003
Stream Mitigation Guidelines (or its subsequent updates) the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation
12 Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements referenced herein as Attachment A at the end of this
Certification
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 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
When topographic constraints indicate culvert slopes of greater than 5% culvert burial is not
required provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders
crossvanes etc) Notification to the Division including supporting documentation to include a
location map of the culvert culvert profile drawings and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert
When bedrock is present in culvert locations culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock Notification to the Division including
supporting documentation such as but not limited to a location map of the culvert
geotechnical reports photographs etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert If bedrock is discovered during construction then
the Division shall be notified by phone or email within 24 hours of discovery
If other site specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel then exceptions to this condition require application submittal
to and written approval by the Division of Water Quality regardless of the total impacts to
streams or wetlands from the project
Water Quality Certification No 3890 5

Water Quality Certification No 3890
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally when
roadways causeways or other fill projects are constructed across FEMA designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as present constriction of the floodway that may
result in destabilization of streams or wetlands
The establishment of native woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of nprap or other bank hardening
methods
14 All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary The impacted areas shall be restored to original grade including each stream s
original cross sectional dimensions plan form pattern and longitudinal bed and bed profile
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion
15 All temporary pipes/ culverts/ riprap pads etc shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis equilibrium during use of this General Certification
16 Any riprap required for proper culvert placement stream stabilization or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity All rip rap shall buried and /or keyed in such that the original stream
elevation and streambank contours are restored and maintained Placement of rip rap or
other approved materials shall not result in de stabilization of the stream bed or banks
upstream or downstream of the area
17 Any rip rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave current action or stream flows 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
18 A one time application of fertilizer to re establish vegetation is allowed in disturbed areas
including riparian buffers but is restricted to no closer than 10 feet from top of bank of
streams Any fertilizer application must comply with all other Federal State and Local
regulations
19 If this Water Quality Certification is used to access building sites then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands waters or buffers if required to do so in writing by the Division For road
construction purposes this Certification shall only be utilized from natural high ground to
natural high ground
20 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands waters and protective buffers within the project boundaries 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 org/ web /wg /swp /ws /401 /certsandpermits /apply /forms The text of the
sample deed notification may be modified as appropriate to suit to a specific project
Documentation of deed notifications shall be provided to the Division upon request
Water Quality Certification No 3890 6

Water Quality Certification No 3890
21 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
22 In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
23 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal State or Local approvals
24 The applicant/r)ermittee 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
25 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 Mad
Service Center Raleigh NC 27699 1650
26 Additional site specific conditions including monitoring and/or modeling requirements may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards
27 This certification grants permission to the director an authorized representative of the
Director or DENR staff upon the presentation of proper credentials to enter the property
during normal business hours
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project
regardless of the expiration date of this Certification
Non compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties
The Director of the North Carolina Division of Water Quality may require submission of 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
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Water Quality Certification No 3890
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
Dig ision of Water QLal +y
Effective date March 19 2012
DIVISION OF WATER QUALITY
By
Charles Wakdd P E
Director
History Note Water Quality Certification (WQC) Number 3890 issued March 19 2012 replaces
WQC Number 3821 issued April 6 2010 WQC Number 3631 issued March 19 2007 WQC 3402
issued March 2003 WQC Number 3362 issued March 18 2002 WQC 3287 issued June 1
2000 WQCs 3106 and 3108 issued February 11 1997 This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional General Permits and /or when deemed appropriate by the Director of the Division of
Water Quality
Water Quality Certification No 3890

Water Quality Certification No 3890
Attachment A 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification For the North Carolina Department of Transportation compliance with
NCDOT s Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements'
A Design and Implementation Requirements All projects regardless of project area
amount of built upon area or amount of jurisdictional impact shall meet the following
stormwater design requirements
i Non Erosive Discharge to Streams and Wetlands Stormwater conveyances that
discharge to streams and wetlands must discharge at a non erosive velocity Pnor to
entering the stream or wetland during the peak flow from the ten year storm
Vegetated Setbacks A 30 foot wide vegetated setback must be maintained adjacent to
streams rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures the top of bank of streams and rivers and the mean high waterline of tidal
waters perpendicular to shoreline Vegetated setback 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 Non jurisdictional portions of the
vegetated setback may be cleared and graded but must be planted with and maintained
in grass or other vegetative or plant material 3
ni Construction and Operation The stormwater management plan must be constructed
and operational before any permanent budding or other structure is occupied or utilized at
the site The stormwater management plan including drainage patterns must be
maintained in perpetuity 4
IV Coordination with Other Stormwater Programs Projects that are subject to another
Division of Water Quality (DWQ) stormwater program including (but not limited to) the 20
Coastal Counties HQW ORW or state implemented Phase II NPDES or a Certified
Community s stormwater management program must be constructed and maintained in
compliance with the approved stormwater management plan 5
v Stormwater Design Requirements for Projects Not Covered Under Item (iv)
Protects that are not subject to another DWO stormwater program or a Certified
Community s stormwater program shall meet all of the following requirements
a Low Density A site is low density if all the following requirements are met
The development has a built upon area of twenty four percent (24 %) or less
considering both current and future development When determining the amount
of built upon area coastal wetlands shall be included however ponds lakes and
rivers as specified in North Carolinas Schedule of Classifications shall be
excluded if a portion of project has a density greater than 24% the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable 6
2 All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No 3890

Water Quality Certification No 3890
equal or better water quality protection than the practices specified in the manual
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B 0202(60) '
b High Density Projects that do not meet the Low Dersit, requirements shall meet
the following requirements
1 Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty five percent (85 %) of the
average annual amount of Total Suspended Solids (TSS) Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30 %) of Total Nitrogen (TN) and Total Phosphorus (TP) 8
2 All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual 9
3 DWQ may add specific stormwater management requirements on a case by
case basis in order to ensure that a proposed activity will not violate water quality
standards 10
4 DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development A Guidebook for North Carolina 11
5 Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1) (4) above t2
B Submittal Requirements The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit Any required documentation shall
be sent to the Wetlands Buffers and Stormwater Compliance and Permitting Unit at
1650 Mad Service Center Raleigh NC 27699 1650
i Projects that are Subject to Another DWQ Stormwater Program If the project is
subject to another DWQ stormwater program such as the 20 Coastal Counties HQW
ORW or state implemented Phase II NPDES then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site 13
u Projects that are Subject to a Certified Community s Stormwater Program If the
project is subject to a certified local governments stormwater program then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local governments approval before any impacts occur on site e
ui Projects Not Covered Under Items (i) or (n) If the project is not subject to another
DWQ Stormwater Program or a Certified Community s stormwater program then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process
a Low Density For low density projects the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items t3
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Water Quality Certification No 3890
b High Density For high density projects the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is proposed 13
IV Phasing Stormwater management plans may be phased on a case by case basis w th
the submittal of a final stormwater management plan per Items (1) (m) above required for
the current phase and a conceptual stormwater management plan for the future phase(s)
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced The approved
stormwater management plan for each future phase must be constructed and operational
before any permanent budding or other structure associated with that phase is
occupied 4
Stormwater Management Plan Modifications The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan
If the project is within a Certified Community then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local governments approval for record keeping purposes If the project is subject to
DWQ review then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (III) above for any BMPs that have been modified for DWQ s review and
approval 75
' The stormwater requirement for 401 applications is codified in 15A NCAC 02H 0506(b)(5) and
(c)(5)
2 Non erosive discharge rates are required in SL 2008 211 §2(b)(1) The 10 year design storm
standard is codified in 15A NCAC 02H 1008(f)(2) and 1008(8)(1)
3 30 foot vegetated setbacks are required in SL 2006 246 §9(d) SL 2008 211 §2(b) 15A NCAC
02H 1006(2)(c) and 1007(1)(a)
4 Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H
0506(b)(5)
5 Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans
6 Low density built upon area thresholds are set in SL 2006 246 §9(c) and SL 2008 211 §2(b)
The requirement for low density development to use vegetated conveyances is codified in SL
2006 246 §9(c) SL 2008 211 §2(b) 15A NCAC 02H 1006(2)(b) and 1007(1)(a) The Stormwater
BMP Manual is also referenced in 15A NCAC 02B 0265(3)(a) and 0277(4)(e)
6 85% TSS removal is required in SL 2006 246 §9(d) SL 2008 211 §2(b) 15A NCAC 02H
1006(2)(c) 15A NCAC 02H 1007(1)(a) The 30% TN and TP removal requirements for NSW
waters are set forth in 15A NCAC 02B 0232 15A NCAC 02B 0257(a)(1) 15A NCAC 02B
0265(3)(a) and 15A NCAC 02B 0277(4)
9 The Stormwater BMP Manual is also referenced in 15A NCAC 02B 0265(3)(a) and 0277(4)(e)
10 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H 0506
" The LID Toolbox is also referenced in 15A NCAC 02B 0277(4)(g)
12 The term public road project is defined in15A NCAC 02B 0265(3)(a)
13 Conveys application procedure to streamline the permitting process
14 Phased development is addressed as a common plan of development in 15A NCAC 02H
1003(3)
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H 1011
Water Quality Certification No 3890 11

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
I hereby state that to the best of my abilities due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications
and other supporting materials
Signature Date
Agent's Certtficathon
1 hereby state that to the best of my abilities due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications
and other supporting materials
Signature
Date
If this project was designed by a Certified Professional
I as a duly registered Professional (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