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HomeMy WebLinkAbout20120558 Ver 1_No Written Concurrence_201206214 NC®ENR 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 21 2012 DWQ Project # 12 0558 Brunswick County Mr Arnold Workman 700 Holly Road Cadillac MI 49601 Subject Property 131 Burhngton Street — Holden Beach NO WRITTEN CONCURRENCE NEEDED Dear Mr Workman You have our approval in accordance with the attached conditions and those listed below to impact 0 008 acres (340 square feet) of 404 wetlands to install 50 linear of bulkhead as described within your application received by DWQ on June 4 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 Numbers 3885 (GC3885) and 3890 (GC3890) are met These certifications may also be viewed on our website at http / /h2o enr state nc us /ncwetlands This Certification allows you to use the Nationwide 13 & 18 Permits when issued by the US Army Corps of Engineers This approval is only valid for the purpose and design that is described in your application If you change your project you must notify us and you may be required to send us a new application If the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total wetland fills for this project (now or in the future) exceed one acre compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification For this approval to be valid you must follow the conditions listed in the attached certification and any additional conditions listed below Conditions of Certification Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is 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 i� 43 1617 Mad Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 807 6300 \ FAX 919 807 -6492 \ Customer Seance 1 877 623 6748 Internet www ncwaterguality ora One An Equal Opportunity 1 Affirmative Action Employer No thCarohna AaAmallry 2 Arnold Workman Brunswick County 2012 0558 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 adludicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This certification and its conditions are final and binding unless you ask for a hearing Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please telephone Ian McMillan at (919) 807 6300 or myself at our Wilmington Regional Office at (910) 796 7215 Sincerely ae� 64'e, Chad Coburn Senior Environmental Specialist Enclosures GC 3885 GC 3890 Certificate of Completion cc James R White — James White Construction 2803 John T Holden Road Supply NC 28462 Dave Timpy — USACE Wilmington Field Office Ian McMillan — Wetlands Buffers and Stormwater Compliance and Permitting Unit WiRO �'��i �l 1 � � �i F ` �' �"u.'i i• � k3 � J Water Quality Certification No 3885 Water Quality Certification Number 3885 is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 02H 0500 and 15A NCAC 02B 0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and Regional Permit 197800080 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) All proposed fill or modification of wetlands and /or waters including streams and streambanks regardless of the purpose of the restoration enhancement stabilization or creation activity except for single and independent projects involving in stream structures for the sole purpose of streambank stabilization which are designed based on current natural channel techniques and do not exceed a total of three structures within 100 feet or less of streambank or b) Any stream relocation or c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize non natural armoring such as nprap gabion baskets deflection walls etc of greater than 150 feet in streambank length or d) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection which utilize natural streambank sloping vegetation and other natural channel protection techniques of greater than 500 feet of streambank length or e) 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 f) 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 36(e) wnttem'approval forre�401 Water Quality General Certification must include the app�opnate fee If a project also requires a CAMA Permit then one payment to both agencies shair�' ie etirhi ilk n w�11 be he higher gf the two fees ' ��� Y G�'j � , d Me Water Quality Certification No 3885 Water Quality Certification No 3885 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 Activities shall meet the definitions design and monitoring protocols specified within the US Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02 02) and the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these documents 2 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 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 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 Water Quality Certification No 3885 2 Water Quality Certification No 3885 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 Di ns on If placemert of sed ment and eros►or control deices 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 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 http / /portal ncdenr org /web /wci/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 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 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 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 Water Quality Certification No 3885 3 Water Quality Certification No 3885 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 arry oche basin or Ovate shed with buffe ules) 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 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 11 All temporary pipes/ culverts/ nprap 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 12 Any nprap 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 13 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 14 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 15 Applications for riprap groins proposed in accordance with 15A NCAC 07H 1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H 1405 Water Quality Certification No 3885 4 Water Quality Certification No 3885 16 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 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 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 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 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 Mail 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 Water Quality Certification No 3885 Water Quality Certification No 3885 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 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 3885 issued March 19 2012 replaces WQC Number 3689 issued November 1 2007 WQC Number 3626 issued March 2007 WQC Number 3495 issued December 31 2004 and WQC Number 3399 issued March 2003 This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and /or Regional General Permits and /or when deemed appropriate by the Director of the Division of Water Quality Water Quality Certification No 3885 6 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 Cerhfication 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 Agent'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 , e' F Signature Date Vk e °� If this protect 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 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 jy�yE f Any impacts to wetlands adjacent to waters designate d�as OQV SA4WS Ij- VI(S ii or Trout or wetlands contiguous to waters designated as a North Garoli a or N%,63-1 W l- and Scenic River or g Any impacts to coastal wetlands [15A NCA7HF 0Qa a Unique Wetlands (UWLj [15A NCAC 02H 0506] or n 4 h Any impact associated with a Notice of Violation or an enforcement action, for v� it �a° f ez DWQ Wetland Rules (15A NCAC 02H 0500) Isolated Wetland Rules (15A`NCACFt�� 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 3D(e) written approval for a 401 Water Quality General Certification must include the appropriate fee if a project also requires a CAMA Permit then one payment to both agencies shall be submitted and will be the higher of the two fees 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 protect 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 Water Quality Certification No 3890 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 sedimen} and a onion control devices in �ketlands and Haters 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 http //portal ncdenr org /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 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 Water Quality Certification No 3890 3 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 (o ary other basin or v atershed f ►th buffe 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 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 Water Quality Certification No 3890 4 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 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 Guidehnes (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 geotechncal 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 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 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 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 / nprap 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 nprap 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 budding sites then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands waters or buffers if required to do so in writing by the Division For road construction purposes this Certification shall only be utilized from natural high ground to natural high ground 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 /wq /swp /ws /401 /certsandpenrnts /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/oermittee 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 Mail 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 Water Quality Certification No 3890 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 Di%is or of Water QLah'y Effective date March 19 2012 DIVISION OF WATER QUALITY By Charles Wakild 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 Transporration 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 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 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 avers 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 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 9 Water Quality Certification No 3300 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 Dens ty Protects that do not meet the Loin Dersitt, requirements shall meet the following requirements 1 Stormwater runoff from the en+ a 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 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 12 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 ORIN 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 n 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 (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 Water Quality Certification No 3890 10 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 b/ case basis with 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, building 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 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) 16A 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 5 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) a 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)(x) 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 Water Quality Certification No 3890 11