20090487 Ver 2_No Written Concurrence_20120614

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A •
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
June 14 2012
Cape Fear Public Utility Authority
C/o Mr Frank Styers
235 Government Center Drive
Wilmington NC 28403
New Hanover County
DWQ Project # 09 0487v2
Subject Property Renewal Kerr Avenue Water Main Installation
NO WRITTEN CONCURRENCE NEEDED
Dear Mr Styers
You have our approval in accordance with the attached conditions to temporarily impact 0 049
acres of 404 wetlands to install a sewer line as described in your application received by the
DWQ on June 12 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 3884 (GC3884) are met This certification may also be viewed on our
website at h UHportal ncdenr org/ web /wq /swp /ws /401 /certsindpermits This Certification allows
you to use the Nationwide 12 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
1) Upon completion of the project the applicant shall complete and return the enclosed
Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality
1617 Mad 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 org One
An Equal Opportunity \ Affirmative Action Employer NorthCarolina
Naturd4

2
Kerr Avenue Water Main Installation
New Hanover County
2012 0487v2
Violations of any condition herem set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties
If you do not accept any of the conditions of this certification you may ask for an adjudicatory
hearing You must act within 60 days of the date that you receive this letter To ask for a
hearing send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C
27699 6714 This certification and its conditions are final and binding unless you ask for a
hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please telephone Ian McMillan at [phone] or
myself at our Wilmington Regional Office at [phone]
Sincerely
aez, 4,
Chad Coburn
Senior Environmental Specialist
Enclosures GC 3884
Certification of Completion
cc Kim Williams— Land Management Group Inc P O Box 2522 Wilmington NC 28402
Ian McMillan — DWQ 401 Oversight Unit
Emily Hughes— Corps of Engineers Wilmington
WIRO
I

Water Quality Certification No 3884
Water Quality Certification Number 3884 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 wetland areas as described in 33 CFR 330
Appendix A (B) (12 and 47) of the Corps of Engineers regulations including any fill activity for
utility line backfill and bedding 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 Pubic 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 wri ten
approval for a 401 Water Quality Certification from the Division of Water Quality (the
Division )
a) Permanent impacts to any wetlands and /or waters including streams or
b) Any stream relocation or
c) Impacts to any wetlands and /or waters if the maintenance corridor in a wetland or at a
stream crossing is greater than 15 feet wide (except activities located in areas with
Riparian Area Protection Rules when the maintenance corridor at stream crossing must
be 10 feet wide or less) Gas pipelines may have a maintenance corridor wider than
fifteen feet if mitigation is provided for these additional wetland fills
d) 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
e) 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
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
Water Quality Certification No 3884

Water Quality Certification No 3884
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
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 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 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
Water Quality Certification No 3884 2

Water Quality Certification No 3884
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
dist -rbing construct on act v ties as st pulated ^ the conditions of she perm t If ycar 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
http //portal ncdenr ora /web /wa /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 request of 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
7 Riparian Area Protection (Buffer) Rule
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 Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
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
Water Quality Certification No 3884 3

Water Quality Certification No 3884
8 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)
aril /or equal to or g eater than ore acre of wetlards 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
9 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 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
10 For sewer lines when the construction corridor is parallel to a stream then the edge of the
construction corridor shall not be closer than 10 feet from top of bank For streams classified
as WS (except WS IV or WS V) B SA ORW HQW or SB from normal high water (or tide
elevation) and wetlands the edge of the construction corridor shall not be closer than 50 feet
to a stream or 100 feet to private or public water supply sources or waters classified as WS I
waters or Class I or Class 11 impounded reservoirs used as a source of drinking water in
accordance with 15A NCAC 02T 0305(f)
Utility lines within the Riparian Buffers shall be installed in accordance with the Table of uses
in the most recent verision of the appropriate buffer rules
Utility lines shall not cross a stream channel at other than a near perpendicular direction (i e
stream channel crossings shall not be at an angle of less than 75 degrees or more than 105
degrees to the stream bank)
11 Any wastewater line that crosses any stream shall be installed in accordance with the most
recent version of the Gravity Sewer minimum Design Criteria or the most recent version of
Water Quality Certification No 3884 4

Water Quality Certification No 3884
the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force Main
published on the Division of Water Quality s website Exceptions to this condition require
application submittal to and written approval by the Division
12 If corcrete is used durirg the construction then all necessary measures shall be taken ro
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
13 Any rip rap required for proper culvert placement stream stabilization or restoration of
temporarily disturbed areas shall be restricted to the the area directly impacted by approved
construction activity All rip rap shall be 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
14 Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control Non native perennials such as fescue are
prohibited
15 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
16 The construction corridor (including access roads sediment and erosion control measures
and stockpiling of materials) is limited to 40 feet (12 2 meters) in width in wetlands and across
stream channels and must be minimized to the maximum extent practicable
17 Permanent maintained access corridors shall be restricted to the minimum width practicable
and shall not exceed 15 feet in width except at manhole locations A 15 foot by 15 foot
perpendicular vehicle turnaround must be spaced at least 500 feet (152 4 meters) apart
18 An anti seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45 7 meters) up the gradient until the utility exits the wetland for buried
utility lines Anti seep collars may be constructed with class B concrete compacted clay
PVC pipe or metal collars Wetland crossings that are directionally drilled and perpendicular
wetland crossings that are open cut and less than 150 feet (45 7 meters) long do not require
anti seep collars The compacted clay shall have a specific infiltration of 1 X 10 5 cm /sec or
less A section and plan view diagram is attached for the anti seep collars
The following specifications shall apply to class B concrete
a) Minimum cement content sacks per cubic yard with rounded course aggregate 5 0
b) Minimum cement content sacks per cubic yard with angular course aggregate 5 5
c) Maximum water cement ratio gallons per sack 6 8
d) Slump range 2 to 4
e) Minimum strength 28 day psi 2 500
19 The applicant shall have a specific plan for restoring wetland contours Any excess material
will be removed to a high ground disposal area
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical During excavation the soils shall be placed on
fabric to minimize impacts whenever possible Topsoil excavated from utility trenches will be
Water Quality Certification No 3884 5

Water Quality Certification No 3884
piled separately from subsoils and will be backfilled into the trench only after the subsoils
have been placed and compacted
Along utility corridors within wetlands grub stumps only as needed to install the utility and cut
reria ning StLrnps ofF at grade le iel The general stripping of topsoil %%itt+ n rte +lands along
the utility corridor is not permitted
20 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
21 In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
22 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal State or Local approvals
23 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
24 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
25 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
26 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
Water Quality Certification No 3884 6

Water Quality Certification No 3884
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 March 19 2012
DIVISION OF WATER QUALITY
By
Charles Wakild P E
Director
History Note Water Quality Certification (WQC) Number 3884 issued March 19 2012 replaces
WQC Number 3819 issued March 19 2010 WQC Number 3699 issued November 1 2007 WQC
Number 3625 issued March 19 2007 WQC Number 3374 issued March 18 2002 WQC Number
3288 issued June 1 2000 WQC Number 3101 issued February 11 1997 WQC Number 3022
issued September 6 1995 WQC Number 2664 issued January 21 1992 This General
Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding
Nationwide and /or Regional General Permits or when deemed appropriate by the Director of the
Division of Water Quality
Water Quality Certification No 3884 7

Water Quality Certification No 3884
ANTI -SEEP COLLAR
Inches
Utility Line
(Diameter Varies)
I
1 foot I I Class B Concrete
L —I— or Compacted Clay
I I
t_
t
6 inches rench Width 6 Inches
Not to exceed 40 feet
SECTION
6 inches...
Class B Concrete
or Compacted Clay
-4- _44.6 inches
PLAN
12
inches
Water Quality Certification No 3884 8

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