20050372 Ver 1_More Info Received_20050224

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director

September 25, 2000

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Jimmy Chisholm
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306

And

Joe Hall
Duke Power and Lake Management
P.O. Box 1006
Charlotte, NC, 2820 I-I OOG

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FEB 2 4 2005

Re: General 401 \Vater Quality Certification for Lake and Reservoir Activities, DENR'WAT
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Dear Messrs. Chisholm and Hall: JCH

The purpose of this correspondence is to clarify the provisions and process relative to NC
Divisio~l of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to
the U.S. Army Corps of Enginccrs General Permit 198200030. We understand that you receive
numerous requests [romlakefront property owners inquiring about the permit requirements for activities
they propose to conduct on the waterfront. After you have determined the property owner needs to
obtain a permit for dredging or shoreline stabilization from you, we understand they are then instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence
of events to determine their 404/401 permit needs. We have coordinated this letter with the U.S. Army
Corps of Engineers so that it relates equally to both permitting programs.

1. The U.S. Army Corps of Engineers is the lead agency and accordingly detcrmines 404 rcquircmcnts
for all projects. Applicants should first contact the appropriate Corps field office rcprcscntativc for
their county. To identify which counties arc handled by a particular Corps regulatory field officc or
to find thc appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepagc at www.saw.llsacc.army.mil/wctlandslregtour.htm or rcad from thc
list on Appendix A. The Corps staff will determine if a 404 Pcrmit is required, and if so, \vhich
particular one. It is important that the applicant learn specifically which Nationwide or Regional
General Pcrmit applies to their work. ror lake and reservoir activities, Gencral Pcrmit 198200030
(also called Gcneral Pcrmit 30 or GP 30), is often thc appropriatc permit. The matching Gcncral
CCliification [or GP 30 is the subjcct o[ this corrcspondencc.

2. Application [or GP 30 involvcs submittal o[ dctailed plans, localionmaps, and other supplemcntal
information explaining the nature and scope o[thc work to the Corps. lethe work is detcrmined to
comply with all conditions ofGP 30, the Corps will thcn issue a "tear sheet" to the applicant, cither
on-site or by mail, that qualifies as the Corps' writtcn confirmation that the proposed \l,'ork complics
with this regional general permit. It is important [or applicants to note that GP 30 always requires
written conCllrrcnce from the Corps.

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3. lethe Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
re9-uired. However, applican~ shou.ld note that ~rojects located within the Neuse Riyer, Tar-Pamlico
RIver, or Randleman ReservoIr Basms may reqUire approval of Buffer Rules for projects within
these watersheds. In such eases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.

4. lethe Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the ease of
GP ~O, DWQ has a I?-atching General Certification (GC .3280), which i~ attached. The first thing the
app.hcant should do IS careft!lly re<:d G~ 3280 t<;> ~et~rnune whether wntten~ncurrence is required.
Wntten DWQ concurrence IS reqUired If the actrvIty mvolves any fill, dredgmg or excavation of
waters or wetlands. This includes any waterward extension of the shoreline, excavation of boat
basins (even during lake draw-down periods), bank stabilization practices that involve any new fill in
waters (including any amount of new rip-rap placement), boat ranlps involving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks
piers and boathouses. It is vital that the applicant understands the difference between (( No 401 '
Required" versus (( No Written Concurrence for the 401 Required." .No 401 is required only if no
404 is required. If a 404 is required, a 401 is always required. If the scope of work falls below the
thresholds for written concurrence on the 401., the conditions ofGC 32-80 still apply, and the
applicant does not have to submit a fornlal request for approval from DWQ for their specific project.
However, the applicant is still required to follow all of the conditions of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying he has permission to drive down the road.

5. If a project does require written concurrence for GC 3280, then the applicant must provide a written
application to the Division of Water Quality. We have prepared a special link entitled "A Lake
Dweller 's Guide to the 401 Water Quality Certificatiol1 Process" on the 40 lIWetlands Unit web site
at htlp://h20.enr.state.nc.us/ncwctlands. This site contains information to guide the applicant
through this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet access. If the applicant has already filled out a PCN form for the Corps, they can simply
copy this PCN fonn for DWQ. In brief, the applicant is required to provide seven copies of the PCN
form, an application fee made out to the Division of Water Quality ($200 if total impacts fall below
I acre of waters/wetlands and 150 linear feet of strcams, $475 if above these thresholds), and good
quality vicinity and local maps dcpicting the impact. Thc reason we require seven copies is that we
act as a statc clearinghousc, and provide copics to five other agencies, which saves the applicant
from this requircment. Provided that thc applicant has included all of the required information,
applications such as these are quickly issued by DWQ. The GC 3280 applications that arc placed on
hold are usually deficient in maps. Applicants can save thcmselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their propcrty within the county
or city. The sitc map must clearly show their propcrty boundaries, and the location, nature and
extcnt of the impacts. USGS topo maps arc typically the most useful type of sitc map for individual
propeliy owners to use as a basc for their site map. Impacts must be quantified on the map and in thc
form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the
application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly
at [phone] in the DWQ Central Office.

Thank you for your attcntion. If you have any qucstions, please telephonc John Dorney at 919-733-
9646 or Cyndi Karoly at [phone]. .

Sincerely,

John DOnley

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The Basics of the 401 Water Quality Certification Process

401 Water Quality Certification Program - The Basics

Section 401 of the Clean Water Act delegates autho~ty to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The "401" is
essentially a verification by the state that a given project wHl not degrade Waters of the State or
otherwise violate water Quality standards. The following is a basic oulline of the 401 review process in
North Carolina: .

When do you need to request a 401 Water Quality Certification?

If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also
required. The Corps also determines which type of pemlit is applicable to your work, a Nationwide,
Regional. Generalor Individual Permit. For each of the Nationwide, Regional or General Permit, a
matdling General Certification must be issued by DWQ in order for the Permit to be valid. An Individual
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps has
determined whidl type of permit you should request, you can read the matching General Certifications
on the DWQ web page. Please read the applicable Certifications very carefully, and note whether or no
written concurrence/notification is required by DWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary, please note the following steps
necessary to obtain your 401 Certification.

Fill out a Pre-Construction Notification

In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. Thi:
PCN Form can be downloaded directly. Please note, this form will be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the foml. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (tl
scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting
documentation available, such as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can review
your application. You will need to submit this application to the Corps and provide seven copies of thE
entire application to DWQ. If you do not provide seven copies, your application will be returned as
incomplete. DWQ will distribute the copies to five other state agencies, as well as the appropriate DV\
regional office, whidl saves you time and expense.

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"lATER mITY ~-tnNG Fax:[phone]

May 15 '01 10:05

P.02/04

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LAKE AND RESERVOIR ACTIVITY CERTIFICATION

GENERAL CERTlFIC;ATION FOR PROJECfS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 frV A. OR FERC
REGtnJA TED PUBLIC UTILITIES) AND REGIO~AL PERMIT 1982()0079 (COE
LAKE AND RESERVOIR MAINTENANCE, REPAm. AND CONSTRUcrION
ACllVlTlES) Al\'D NEUSE!f AR-P AMLICOIRANDLEMAN BUFFER RULES.

This Gcncral Certification is issued in conformity with the requirem.ents 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 I5A NCAC 2H, Section .0500
and 15A NCAC 2B .0200 fqr the discharge of fill material to waters and wetland areas
as described in the Wilming~on Districts Regional (General) Permit Number 198200030
and Regional Pcmut Number 198200079 and for the Neusc, Tar-Pamlico and Randleman
Buffer Rules (lSA NCAC 2'8 .0233. .025.9 and .0250). This Certification replaces Watcr
Quality Certification (WQC) Number 2674 issued 011 January 21. 1992 and Water
Quality Certification Number 3099 issued on February 11. 1997. This \VQC is rescinded
when the Corps of Engineers rc-authorizes these Regional General Permits or when
deemed appropriate by the 'Director of the DWQ. .

The State of North ~arolina cCltifies that the specified category of activity will
not violate applicable poniofls of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in 2ccordance with the conditions hereinafter set forth.

Conditions of Cer1ifilCation:

1.

Activities which r~uire approv.u unda either of thc~e General PCl11uts but
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do not result in fill. dredging or exc,lvation of waters or wet\;lnds (such as
docks, piers or bo?-thouses) do not require wriuen concurrence from the
Division of WatcIj Qu~lity ~$ long as they comply wil11 all other conditions of
this General certification. However. Condition No.5 is applicable lo all
streams in basins p.'ith tiparian area protection rules:

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In accordancc w~th North Carolina General Statutc Section L 43-215.3D( e),
any rcquest for written conCUITcnec for a 40 1 \l.,r~lter Quality Certification
must inc:lude th~ appropriate fcc. If a project also requires a CAMA PCl11ut,
onc payment to both agencies sl\:11l be subnuttcd and will be the hibhcr of the
t\\'o fees. The rtc shall be collected and distributed bet wcen the tWO agencies
in accordance with agreements rcached between the Division of \Vater
Quality and theDi\'ision or Coastal Management:

3. Adi vitits which result in fill. dredr,ing or excavation of waters or wetlands
under this Gcncr;l1 CCnirlC(1liu111C<iuil~ "'lIllC!l COllcurrence 1mn111lC Vi' i::.ioll
of \Vater Quality:

4. Measures shall be taken to prevcnt Ii vc or f rcsh concrete from c()lni 11 g ii,,'
contact with waters of the state until the eoncrclc has hardened;

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5. Impacts to any stre:1n1 length in the Neuse and Tar-Pamlico River Basins
requir~s written concurrence from DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC 2B .0259. Ncwdcvc.lopment activities located in
the protected 50~foo, wide riparian areas (whether jurisdictional wetlands or
not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses"
identified within and constn1cted in accordance with 15A NCAC 2B .0233
and lSA NCAC'2n .0259. 'All nc.,;: development shall be located. designed.
constrUcted, anumaintained to have minimal dislUrbance to protect water
quality to the m::-ximum extent pr'.lcli~b1e through the use of best
management practius;

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6. That appropriate sediment and erosion control practi~es ',i,'hich equal or excud
those outlin~d in the most recent version of the "North CaroliJ)a Sediment and
Erosion Cont(OIIPlanning and Design ~anual" or the "N0l1h Drolina Surface
Mining Manual': whichever is more appropriate (available irom (he Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications go\'cming the proper design.
instal1ation and operation and ffi::lintcnal1cc of such Best Mana~cment
Practices in order to assurc compliance with the appropriate turbidity water
quality standard;

7. Rip.rap 5hall be linstalled adjacent to bulkheads in freshwater l:lKes to ensure
protection of aql.l<itic habitat. Construction over '.,1.'ctlands shall bc cle\'ated at
least tlu~ feet above anY wetlands, and f10atinc stntcturcs shall not rcst
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periodically on t}le bottom:

8. All !.ediment and erosion cuntrol measures plaeed in \\'ctl2.nds or waters shall
bc removed 2nd be natural grade restored aftCf the Division of Land
Resources h:1s r41cased the project:

9. If an to\'ironmel,ltal document is required: this Certification is not valid until a
Finding of No Sjgnficant Impact <FONSl) or Record of D~ci~ion (ROD) is
issued by the. St~\e Clearinghouse, All W;lter qu;;lity-rclated conditions of th~
FONSl or ROD :;h311 become conditions of this Certification:

10. P1cr; and boat houses sh3.lI be constructed to provide for storage and (('1110\';1.1
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of sc\\'aroe r:\ther. th:Jn 311owtl1[ r;j\\' waSle or other sewage to bc dtsposed
din:ctly into surface \\'3lcrs:

II. Addttlonal sitc'~rccific conditions may be ~dded lO projects plop0~ed ",ith
fillllndcr this C~11ific:itiul1 in order to t'lISUl~ cor.1pliancc with all Jl'plicablc
"'J1Cr (1'1~tlIlY ofltt cffhJClll ::'ld,ll.d(ud::.~

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12. Concurr~ncc from DWQ that this Certification ~pplies to ~n individual project
shall expire three years from the date of the cover letter from DWQ or on the
Sil.n\C day as the expiration date of the con'esponding Regional Pennit
198200030 or 198200079, whichever is sooner,

13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when aU work
included in the 401 Certification has been completed.

Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
criminal :lnd/or civil penalties.

The Director of the North Carolina Division of Water Quality nJay require
submission of a fonnal application for individual certification for. any project in this
category of 2.ctivity, if it i.) determined that the project is likely to have a significant
adverse dfect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters arc precluded.

Public hearings may be held for specific applications or group of applications
prior to a CCI1ification decision jf deemed in tht public's be.st interest by thc Director of
the North ClTolina Division of Water Quality.

Effccti vc date: 1. J line 2000

DIVISION OF WATER QUALITY

By

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Kerr T. Stcvens

Director

\VQC it 32S0

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