20071876 Ver 3_No Written Concurrence_20130318

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
March 18, 2013
New Hanover County
DWQ Project #: 07- 1876v3
DTS Holdings, LLC
Mr. David T. Stephenson, III
172 Eastwood Drive, #203
Wilmington NC 28403
Subject Property: Battery Park at Landfall
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Stephenson,
You have our approval, in accordance with the attached conditions to temporarily impact 0.047 acres of
404 wetlands and to temporarily impact 32 linear feet of perennial stream to install utilities for a residential
subdivision and to remove an existing culvert and to restore a stream channel as previously authorized on
November 5, 2010. 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 3884 (GC3884) and 3885 (GC3885) are met. These certifications may also be viewed on our
website at hgp:Hportal.ncdeiir.org/web/wg/swp/ws/40 I /certsandperm its. This Certification replaces the
previous one issued on November 5, 2010 and allows you to use the Nationwide 12 and 27 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:
1) Upon completion of the project, the applicant shall complete and return the enclosed "Certification
of Completion Form" to notify DWQ that all the work included in the 401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the Division of Water Quality.
Wetlands, Buffers, Stomtwater— Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location 512 N Salisbury St 19 -807, North Carolina 27604 �atllra!!r�
Phone- 919 - 807 -63001 fAX 919 - 807 -64941 Customer Service 1- 877. 623 -6748
Intemet www ncwaterquality org

2
Battery Park at Landfall
New Hanover County
2007- 1876v3
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Karen Higgins at (919) 807 -6300 or myself at our
Wilmington Regional Office at (910) 796 -7215.
Sincerely,
Chad Coburn
Senior Environmental Specialist
Enclosures: GC3884 & GC3885
Certification of Completion
cc: Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
Emily Hughes — Corps of Engineers Wilmington
Troy Beasley — Withers & Ravenel 1410 Commonwealth Drive, Suite 101, Wilmington, NC
28403
WiRO

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
' 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:
I, ' hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

Water Quality Certification No. 3884
Water Quality Certification Number 3884 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200
for the discharge of fill material to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12 and 47) of the Corps of Engineers regulations including any fill activity for
utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 0213.0200.
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) Permanent impacts to any wetlands and/or waters, including streams; or
b) Any stream relocation; or
c) Impacts to any wetlands and/or waters if the maintenance corridor in a wetland or at a
stream crossing is greater than 15 feet wide (except activities located in areas with
Riparian Area Protection Rules when the maintenance corridor at stream crossing must
be 10 feet wide or less). Gas pipelines may have a maintenance corridor wider than
fifteen feet if mitigation is provided for these additional wetland fills.
d) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200); or
e) An`y impacts to streams grid /or buffers in the Neuse, Tar- PamIIco, or-Catdwfua-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.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Water Quality Certification No. 3884

Water Quality Certification No. 3884
Conditions of Certification
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e. if the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
Water Quality Certification No. 3884 2

Water Quality Certification No. 3884
4. Construction Stormwater Permit 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 .n 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 /webtwq /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 I . . -
If activities must occur during periods of high biological activity (i e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post- larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
6. Work in the Dry
All-work in or adjacent to stream waters shall be conducted so that the flowing stream"does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7 Riparian Area Protection (Buffer) Rule
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 0213.0233-0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
Water Quality Certification No. 3884 3

Water Quality Certification No. 3884
8 Compensatory Mitigation
In accordance with 15A NCAC 02H 0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
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.
9. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and /or plastic twine shall not be used in
wetlands, riparian buffers or floodplams as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A- Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
10 For sewer lines, when the construction corridor is parallel to a stream, then the edge of the
construction corridor shall not be closer than 10 feet from top of bank. For streams classified
as WS (except WS -IV or WS -V), B, SA, ORW, HQW, or SB from normal high water (or tide
elevation) and wetlands, the edge of the construction corridor shall not be closer than 50 feet
to a stream; or 100 feet to private or public water supply sources or waters classified as WS -1
waters or Class I or Class II impounded reservoirs used as a source of drinking water in
accordance with 15A NCAC 02T .0305(f).
Utility lines within the Riparian Buffers shall be installed in accordance with the Table of uses
in the most recent verision of the appropriate buffer rules.
Utility lines shall not cross a stream channel at other than a near - perpendicular direction (i.e
stream channel crossings shall not be at an angle of less than 75 degrees or more than 105
degrees to the stream bank)
11 Any wastewater line that crosses any stream shall be installed in accordance with the most
recent version of the Gravity Sewer minimum Design Criteria or the most recent version of
Water Quality Certification No 3884 4

Water Quality Certification No. 3884
the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Main
published on the Division of Water Quality's website. Exceptions to this condition require
application submittal to, and written approval by, the Division
12 If 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.
13. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted'to the the area directly impacted by approved
construction activity. All rip -rap shall be buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip-rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area
14. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Non - native perennials such as fescue are
prohibited.
15 A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. The construction corridor (including access roads, sediment and erosion control measures
and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across
stream channels and must be minimized to the maximum extent practicable.
17. Permanent, maintained access corridors shall be restricted to the minimum width practicable
and shall not exceed 15 feet in width except at manhole locations. A 15 -foot by 15 -foot
perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart.
18_ An anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti -seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45 7 meters) long do not require
anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10- 5 cm /sec or
less. A section and plan view diagram is attached for the anti -seep collars
The following specifications shall apply to class B concrete -
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5 0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water - cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
19 The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible Topsoil excavated from utility trenches will be
Water Quality Certification No 3884

Water Quality Certification No. 3884
piled separately from subsoils and will be backfilled into the trench only after the subsoils
have been placed and compacted.
Along utility corridors within wetlands, grub stumps only as needed to install the utility and cut
remaining stumps off at grade level The general stripping of topsoil within wetlands along
the utility corridor is not permitted.
20 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
21. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
22. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
23 The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
24. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
25. Additional site- specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and'efflu`ent
standards
26 This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Water Quality Certification No 3884 6

Water Quality Certification No. 3884
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina --
Division of Water Quality
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P E.
Director
History Note: Water Quality Certification (WQC) Number 3884 issued March 19, 2012 replaces
WQC Number 3819 issued March 19, 2010; WQC Number 3699 issued November 1, 2007; WQC
Number 3625 issued March 19, 2007; WQC Number 3374 issued March 18, 2002; WQC Number
3288 issued June 1, 2000; WQC Number 3101 issued February 11, 1997; WQC Number 3022
issued September 6, 1995, WQC Number 2664 issued January 21, 1992, This General
Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding
Nationwide and /or Regional General Permits or when deemed appropriate by the Director of the
Division of Water Quality.
Water Quality Certification No 3884 7

Water Quality Certification No. 3884
ANTI -SEEP COLLAR
f 18 - -- �
I Inches I Utility Line
I I (Diameter Varies)
I I
1 foot I Class S Concrete
or Compacted Clay
I I
6 Inches �nch WI h Winches
Not to exceed 40 feet
SECTION
a
iiii .,. ii ii Concrete
:::! ' -
12
Inches
6 inches., W-4- ♦44.6 inches
PLAN
Water Quality Certification No 3884 8

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 riprap, gabion baskets, deflection walls etc of
greater than 150 feet in streambank length; or
d) Bank Stabilizatibh'projects qualifying for Nationwide Permit 13 fof 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- 215.3D(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. 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 (HOW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds
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Water Quality Certification No. 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
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 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: // aortal. ncdenr .orglwebtwa /ws/su /nRdessw#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.e. 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_morato_r�ms on construction activities established_by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Div'i'sion 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
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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 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 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/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification.
12 Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area
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.
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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
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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