HomeMy WebLinkAbout20120508 Ver 1_Approval Letter_20120611ZWKWA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Ms Phyllis C Wright
437 Dimmocks Mill Road
Hillsborough NC 27278
Charles Wakild P E
Director
June 11 2012
Subject Property Lot 31— St James Plantation
Dee Freeman
Secretary
Brunswick County
DWQ Project # 12 0508
Approval of Isolated Wetlands General Permit IWGP100000 with Additional Conditions
Dear Ms Wright
You have our approval in accordance with the attached conditions to impact 0 157 acres of
isolated non 404 jurisdictional wetlands to construct a single family residence as described within
your application received by the DWQ on May 22 2012 After reviewing your application it has
been determined that the impacts are covered by State General Permit for Impacts to Isolated and
Other Non 404 Jurisdictional Wetlands and Waters Permit Number IWGP100000 This general
permit can be found on line at http //portal ncdenr org/web/wq/swt)/ws/401/certsandt)ermits
You should obtain or otherwise comply with any other required federal state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control Non discharge and stormwater regulations Also this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the General Permit IWGP100000 or CAMA Permit
This approval is for the purpose and design that you described in your application If you change
your project you must notify us and you may be required to send us a new application If the
property is sold the new owner must be given a copy of this general permit and approval letter
and is thereby responsible for complying with all conditions This approval requires you to
follow the conditions listed in the attached general permit and any additional conditions listed
below
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 807 63001 FAX 919 807 64921 Customer Service 1 877 623 -6748
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
naturally
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L,ot 31 St James Plantation
Brunswick County
2012 0508
The Additional Conditions of the Certification are
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Isolated Wetland Permit are met No other impacts are approved
including incidental impacts
Impact Type
I Amount Approved (Units)
Plan Location or Reference
Non 404 Wetlands
10 157 (acres)
Page 4 of 10 in PCN
2 No Waste Spoil Solids or Fill of Any Kind
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian
areas beyond the footprint of the impacts depicted in the Preconstruction Notification
application 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
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project
4 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 (NCGO10000) administered by DWQ 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 permmt and monitoring report forms may be found at
http / /portal ncdear or /wg eb /wq /ws /su/constructlon
5 Culvert Installation
Placement of culverts and other structures in waters streams and wetlands must be
placed below the elevation of the streambed by one (1) foot for all culverts with a
diameter greater than 48 inches and 20% of the culvert diameter for culverts having a
diameter less than 48 inches to allow low flow passage of water and aquatic life Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis equilibrium of
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Lot 31 St James Plantation
Brunswick County
2012 0508
wetlands or streambeds or banks adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ Culverts required for this project shall be
installed in such a manner that the original stream profiles are not altered Existing stream
dimensions (including the cross section dimensions pattern and longitudinal profile)
must be maintained above and below locations of each culvert Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head
cutting of the streams If any of the existing pipes are or become perched the appropriate
stream grade shall be re established or if the pipes installed in a perched manner the
pipes shall be removed and re installed correctly
6 Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual (http //www ncdot org /doh/operatlonsBMP manual /download/BMP Manual pdfl
such as sandbags rock berms cofferdams and other diversion structures shall be used to
prevent excavation in flowing water
7 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules and any subsequent modifications the applicant is required to
return the attached Certificate of Completion to the 401/Wetlands Unit North Carolina
Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650
8 Sewer Systems
The project shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State Federal
and local sewer system regulations
9 Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometnc Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion
control practices must be used to meet this standard
Violations of any condition herein set forth may result in revocation of this approval 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
approval shall expire upon expiration of the General Permit IWGP100000 or CAMA Permit
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Lot 31 St James Plantation
Brunswick County
2012 0508
If you do not accept any of the conditions of this approval (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
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 in the Central Office in
Raleigh at 919 807 6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 796
7215
Sincerely
�\ CA-��
C es Wakild P E Director
Division of Water Quality
Enclosures General Permit IWGP100000
Certificate of Completion
cc Kim Williams — Land Management Group Inc 3805 Wrightsville Avenue Suite 15
Wilmington NC 28403
Ian McMillan — DWQ 401 Oversight and Express Unit
WiRO
STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED AND
OTHER NON -404 JURISDICTIONAL WETLANDS AND WATERS
PERMIT NUMBER IWGP100000
FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF
ISOLATEDAND OTHER NON -404 WETLANDS LESS THAN OR EQUAL TOTHREE
HUNDRED FEET (300) OF ISOLATEDSTREAMS AND /OR LESS THAN ONE THIRD
ACRE (1/3) OFISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143 General Statutes of North Carolina
as amended and other lawful standards and regulations including 15A NCAC 02H 1300 and 15A
NCAC 02B 0200 promulgated and adopted by the North Carolina Environmental Management
Commission
Permission is hereby granted to all owners or operators of activities which impact isolated and
other non404 wetlands isolated streams or other isolated waters in accordance with the
conditions set forth in this General Permit
This General Permit shall become effective on March 19 2012
This General Permit shall expire at midnight on March 18 2017 or unless otherwise rescinded or
until deemed appropriate by the Director of the NC Division of Water Quality (DWQ)
Charles Wakdd P E , Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission
State General Permit No IWGP100000
This General Permit is issued in conformity with the requirements of North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 02H 1300 for the discharge of fill material to
isolated and other non 404 wetlands and isolated waters of the State of North Carolina This
Permit may be rescinded when deemed appropriate by the Director of DWQ after appropriate
public notice
Public Notice requirement — A separate Public Notice and Individual Permit will be required for all
projects which propose to impact greater than 300 linear feet of isolated streams greater than
one (1) acre of isolated and other non -404 wetlands or greater than one third (1/3) acre of other
isolated waters in accordance with 15A NCAC 02H 1303 For impacts equal to or below these
thresholds this General Permit is applicable without additional Public Notice
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 wntten
approval from the Division of Water Quality (the Division')
a) Any impacts to isolated streams involving excavation or dredging or
b) Any stream relocation or
c) Any impacts to isolated 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 or
d) Total isolated stream impacts within the project boundaries equal to or greater than 150
linear feet of intermittent and/or -perennial stream including temporary and /or
permanent impacts or
e) Temporary or permanent impacts equal to or greater than one tenth (1/10) acre of
isolated and other non 404 wetlands or isolated lakes and ponds or
f) Any impacts to isolated and other non -404 wetlands adjacent to waters designated as
ORW SA WS I WS II or Trout or isolated and other non -404 wetlands contiguous to
waters designated as a North Carolina or National Wild and Scenic River or
g) Any impacts to isolated and other non -404 wetlands classified in accordance with 15A
NCAC 028 0101(e)(7) as Unique Wetlands (UWL) or
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
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)
In accordance with North Carolina General Statute 143 215 3D(e) any application for an Isolated
Wetland General or Individual Permit must include the appropriate fee If a project also requires a
CAMA Permit one payment to both agencies shall be submitted This payment shall be the
higher of the two fees
Activities included in this General Permit that do not meet one of the thresholds listed
above do not require written approval from the Division of Water Quality as long as they
comply with the Conditions of Permit listed below If any of these Conditions cannot be
met then written approval from the Division is required
Isolated Wetlands General Permit (IWGP100000) 2
State General Permit No IWGP100000
Conditions of Permit
1 Totaling and Reporting of Impacts
isolated Streams Impacts to isolated streams as determined by the Dig ision of Water
Quality shall be measured as the length of the centerline of the normal flow channel
Permanent and /or temporary stream impacts shall be enumerated on the entire project for all
impacts regardless of which 404 Nationwide Permits are used (if any) Stream relocations
and streambed and /or bank hardening are considered to be permanent stream impacts Any
activity that results in a loss of use of stream functions including but not limited to filling
relocating flooding excavation dredging and complete shading shall be considered stream
impacts
Impacts to streams shall include streams enclosed by bottomless culverts bottomless arches
or other spanning structures unless the entire structure (including construction impacts)
spans the entire bed and both banks of the stream is only used for a road driveway or path
crossing and is not mitered to follow the stream pattern Impacts for dam footprints and
flooding will count toward the threshold for stream impacts but flooding upstream of the dam
will not count towards mitigation requirements as long as no filling excavation relocation or
other modification of the existing stream dimension pattern or profile occurs Any filling
excavation relocation or other modification of the existing stream (other than flooding) must
re establish the same dimensions patterns and profiles of the existing channel (or those of a
stable reference reach if the existing channel is unstable)
Isolated Lakes and Ponds — Impacts to isolated waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area Permanent and/or
temporary water impacts shall be enumerated on the entire project for all impacts proposed
regardless of which 404 Nationwide Permits are used (if any) Any activity that results in a
loss of use of aquatic functions including but not limited to filling draining and dredging shall
be considered waters impacts
Isolated and Other Non -404 Wetlands Impacts to isolated and other non404 wetlands as
determined by the Division of Water Quality shall be measured as area Permanent and /or
temporary wetland impacts shall be enumerated on the entire project for all impacts Any
activity that results in a loss of use of wetland functions including but not limited to filling
excavating draining and flooding shall be considered wetland impacts Impacts to wetlands
shall include activities that change the hydrology of a wetland
2 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Permit
No waste spoil solids or fill of any kind shall occur in isolated and other non 404 wetlands
isolated waters or isolated 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 Permit 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
Isolated Wetlands General Permit (IWGP100000) 3
State General Permit No IWGP100000
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 and if applicable comply with }he specific conditiors 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
4 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
5 Construction Stormwater Permit NCGO10000
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
htto //portal 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
Isolated Wetlands General Permit (IWGP100000) 4
State General Permit No 11NGP100000
6 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 o 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
7 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
8 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 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
9 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
10 Compensatory Mitigation
In accordance with 15A NCAC 02H 1305 (c) & (d) 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 total wetland impacts including all impacts to
404 and non 404 wetlands (see examples in Attachment B at the end of this Permit) If
collective wetland impacts including 404 and non -404 wetlands are equal to or greater than
one (1) acre compensatory mitigation is required If the project requires a mitigation plan but
is otherwise below the written approval thresholds described above the applicant may
provide a courtesy copy of the Pre Construction Notification along with a copy of the
mitigation plan For linear public transportation projects impacts equal to or exceeding 150
linear feet per stream shall require mitigation
Isolated Wetlands General Permit (IWGP100000)
State General Permit No IWGP100000
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 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 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
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 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 fioodplains 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
Permit
13 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
14 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
Isolated Wetlands General Permit (IWGP100000) 6
State General Permit No IWGP100000
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 dra%, rigs and slope calculat ons 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
geotechrncal 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
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally when
roadways causeways or other fill projects are constructed across FEMA designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands
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
15 If this General Permit 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 Permit shall only be utilized from natural high ground to natural
high ground
16 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 Divisions 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
17 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
18 In the twenty (20) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required
Isolated Wetlands General Permit (IWGP100000)
State General Permit No IWGP100000
19 This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal State or Local approvals
20 The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent %ith State water quality stardards ( including any requirements esulting 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
21 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
22 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
23 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 Permit shall expire five (5) years from the date of issuance of the written letter from
the Division 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 Permit
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 Permit 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 publics best interest by the Director of the North Carolina
Division of Water Quality
History Note This Isolated Wetlands General Permit replaces the Isolated Wetlands General
Permit (IWGP100000) issued on October 31 2008 and October 3 2003 This General Permit is
rescinded five (5) years from the effective date or unless otherwise rescinded or until deemed
appropriate by the Director of the Division of Water Quality
Isolated Wetlands General Permit (IWGP100000) 8
State General Permit No IWGP100000
Attachment A 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Permit For +he North Carolina Department of Transportat on comp) ance 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
ui 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 (w)
Projects that are not subject to another DWQ 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 Carolina s 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 dramageways 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
Isolated Wetlands General Permit (IWGP100000)
State General Permit No IWGP100000
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 Density requ rements 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) e
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 "
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 Mail 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 s
ui Projects Not Covered Under Items (i) or (u) 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 13
Isolated Wetlands General Permit (IWGP100000) 10
State General Permit No IWGP100000
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
Phasing Stormwater management plans may be phased on a case by case basis with
the submittal of a final stormwater management plan per Items (i) (iii) 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 building or other structure associated with that phase is
occupied a
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 15
' 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(g)(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)
° 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)
7 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)
8 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 16A 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
11 The LID Toolbox is also referenced in 15A NCAC 02B 0277(4)(g)
12 The term public road project is defined m15A 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)
'5 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H 1011
Isolated Wetlands General Permit (IWGP100000) 11
State General Permit No IWGP100000
Attachment B
Example 1 Wetland Impacts and Compensatory Mitigation
In this example the applicant proposes to fill 0 95 acre of 404 wetlands and 0 40 acre of
Isolated wetlands Since the Isolated impact is over the IWGP10000 threshold, written
concurrence is required for the Isolated fill in addition to the 404 fill The applicant should
note both impacts on the PCN and seek the Isolated General Permit AND the appropriate
General Certification Compensatory mitigation is required since total wetland impacts
exceed one (1) acre
Isolated Wetlands General Permit (IWGP100000) 12
State General Permit No IWGP100000
Example 2 Wetland Impacts and Compensatory Mitigation
In this example the applicant proposes to fill 0 95 acre of 404 wetlands and 0 08 acre of
Isolated wetlands Since the Isolated impact is under the IWGP100000 threshold, written
concurrence is not required for the Isolated fill However this impact should be noted on
the PCN submitted for written concurrence on the 404 wetland fill Compensatory
mitigation is required since total wetland impacts exceed one (1) acre
Isolated Wetlands General Permit (IWGP100000) 13
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 1s 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 Certificatton
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
If this project was designed by a Cerhfied Professional
I as a duly registered Professional (i a Engineer
Landscape Architect Surveyor etc ) in the State of North Carohna 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