20120487 Ver 1_More Info Received_20130402

March 27, 2013
Ms. Karen Higgins
Division of Water Quality
THE 1650 Mail Service Center
W 0 OT E N Raleigh, NC 27699 -1650
COMPANYRe: Pre - Construction Notification Application
Marsh Creek Interceptor Sewer Improvements Project
E N G I N E E R I N G City of Raleigh, North Carolina
TWC No. 2466 -AX
PLANNING
Dear Ms. Higgins:
ARCHITECTURE
On behalf of the City of Raleigh, we are writing you to revise the 401 Water Quality
Certification and Authorization Certificate for the Marsh Creek Interceptor Sewer
Improvements Projects (DWQ Project #12- 0487).
The City's original mitigation plan for this project included mitigating the Zone 1 buffer
impacts through private mitigation bank (EBX) and by restoring approximately 27,094
sq. ft. of abandoned Neuse Buffer Zone 1. However, during easement acquisition, the
City was not able to go through with the restoration planting in Zone 1. The City still
secured and has paid for 50,777 sq. ft. of Zone 1 buffer impacts through EBX. This has
left the City with approximately 9,031 sq. ft. (multiplied by 3 equals 27,094 sq. ft.) of
Zone 1 impacts which require mitigation.
The Wooten Company contacted EBX, Restoration Systems LLC and Wildlands
Engineering to inquire about additional mitigation credits. None of these three
mitigation banks had the credits available to mitigate the remaining impacts. We then
went to EEP to acquire the remainder of the mitigation credits. Please find attached the
statement of availability of mitigation credits from EEP.
We have also attached the updated pages to the PCN Application (pages 7 & 8) and the
original 401 Permit for your reference.
It is important to note that this project has already been bid and is close to going to
construction. A quick response on this permit adjustment would be greatly appreciated
by the City.
If you should have any questions or need additional information, please do not hesitate
to contact us.
Sincerely,
THE WOOTEN C MPANY D
~ �� APP , 2013
120 North Boylan Avenue
Raleigh NC 27603 -1423 Brian J.P. Oschwald, P.E. D Nf;,
de- WATER ClUALITM
stej &anch
Enclosures: As Stated
919.828 0531
fax [phone] Cc: Mr. Aaron Brower, P.E. — City of Raleigh (Letter only)
TWC File

stem
.M � L f
PROGRAM
March 28, 2013
Aaron Brower, PE
City of Raleigh
PO Box 590
Raleigh, NC 27602 Expiration of Acceptance: September 28, 2013
Project: Marsh Creek Interceptor Sewer Improvements County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comely with all other state federal or local government permits regulations or authorizations associated
with the oronosed activity including SL 2009 -337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies.
Impact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non- Ri arian
Coastal Marsh
Neuse
03020201
0
0
0
0
0
1 0
9,031
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program in -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915.
Sincerely,
Jam .13 Stanfill
Asset Management Supervisor
cc: Karen Higgins, NCDWQ Wetlands /401 Unit
Brian Oschwald, PE- agent
File
� - --% -; Z D�c� ham' A A P,,D -70 D
'7-' -� 2013
PYO", Ou,r Std
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 919- 707 - 8976 / www.nceep.net

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
New gravity sewer installed out of buffer, where possible. Proposed alignment avoids wetlands in the southern portion of the
project, but at the cost of additional buffer intrusion. Stream crossings of Marsh Creek will be installed by bore and jack to
avoid open cut of Marsh Creek. The new sewer will be installed a safe distance from the stream bank.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proper erosion control measures will be utilized, including silt fence, rock check dams, silt fence outlets, construction
entrances and tree protection fencing. Upon completion of construction through the corridor, the easement will be seeded.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for I El Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: EBX
3b. Credits Purchased (attach receipt and letter) I Type I Quantity 50,786 sq. ft.
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
4f. Non - riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
® Yes
linear feet
❑ warm ❑ cool
27,094 square feet
acres
acres
acres
❑cold
4h. Comments: See cover letter attached explaining the changes to the mitigation plan, requiring buffer mitigation from EEP.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires rZ Yes ❑ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
Multiplier
6e.
Required mitigation
(square feet)
(square feet)
Zone 1
Gravity Sewer
25,957
3 (2 for Catawba)
77,871
Zone 2
Gravity Sewer I
1
1.5
6f. Total buffer mitigation required:
77,871
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
:P;e Gap'. of I-a-6 eIeGt9d tG Feater-9 appr-eximalely 27,094 SqUaFe feet 91 abandeAed 29A9 I A,
will be mitigated by paymeRt 'F#9 a pFiVilte Mitigation bank, . See cover letter attached explaining the changes to the
mitigation plan, requiring buffer mitigation from EEP.
6h. Comments: See Pre - Construction Notification spreadsheets that are attached to this application
Page S of 11
PCN Form - Version 1.3 December 10, 2008 Version

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
June 15, 2012
DWQ Project # 12 -0487
Wake County
City of Raleigh
Attn: Aaron Brower
One Exchange Plaza, Suite 620
219 Fayetteville Street Mall
Raleigh, NC 27601
Subject Property: Marsh Creek Interceptor Sewer Improvements
Marsh Creek [030402,27-33-2,0, C; NSW]
Approval of 401 Water Quality Certification and Authorization Certificate, per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Sir:
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 0.0523 acre of 404 wetland (permanent impact), 180 linear feet of stream (temporary impacts), 33,654
square feet of Zone 1 Neuse River basin protected riparian buffer (permanent and temporary impacts), and 5 5,8 10
square feet of Zone 2 Neuse, River basin protected riparian buffer (permanent and temporary impacts) to construct
a new 36" gravity sewer line to replace an existing 18" gravity sewer line, as described in your application dated
April 27, 2012 and received by the Division of Water Quality (DWQ) on May 17, 2012 and additional
information received on June 13, 2012. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3884 (GC3884). The Certification(s) allows you to
use Nationwide Permit(s) NW12 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC
2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration) of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions listed
below.
orthCarolina
ma
AaAffltdll
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page 2
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental and/or temporary impacts:
Type of Impact
Amount Ap roved nits
Plan Location or Reference
404 Wetlands
0.0523 acre Permanent impact
PCN page 5 of 1 I
Streams
180 linear ft. temporary impact,
PCN page 5 of I I
Buffers Zone 1
33,654 (square ft. ermanetit and tbmporary temporary impact
PCN page 6 of 11 revised 6/13/2012
Buffers Zone 2
55,810 (square ft. permanent and temporary impact 1
PCN page 6 of 11 revised 6/13/2012
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre - Construction Notification, 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.
3. 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 in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The 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.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 or locally
delegated program has released the project;

Page 3
S. Diffuse flow
All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream
buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B
.0233(5) or if this is not possible, it is necessary to provide stormwater facilities that are considered to
remove nitrogen.
6. Compensatory Mitigation Using Mitigation Bank and On -site Restoration
We understand that you have agreed to provide riparian buffer mitigation for the proposed sewer line and
associated Neuse River riparian buffer impacts by payment into a mitigation bank and restoration of on -site
buffers. These methods of mitigation have been determined by DWQ to be suitable to meet the mitigation
requirement. A total of 77,871 square feet of riparian buffer mitigation is required for this project. Of
which, 27,094 square feet will be mitigated through restoration of on -site buffers in the abandoned sewer
line. The planting plan outlined in Appendix 4 of the application should be implemented and monitored for
5 years and monitoring reports submitted to DWQ by the end of December for each monitoring year. The
remaining 50,777 square feet of required riparian buffer will be mitigated through payment to EBX Neuse
Riparian Buffer Umbrella Mitigation Bank/Rudolph Site and the Forrest Creek Stream and Riparian Buffer
Mitigation Bank the to meet this mitigation requirement. Until EBX receives and clears your check,
impacts specified in this Authorization Certificate shall not occur. EBX should be contacted if have
any questions concerning payment into these banks. You have 60 days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes payment into
EBX to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Buffer
50,777 (square feet
Neuse/03020201
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section
.0500.
8. Notification of Project Commencement
Please notify DWQ (Lauren Witherspoon at (919) 791 -4251 or luren.witherspoonCa,ncdenr.gov) of the
proposed start date of the project.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.

Page 4
Violations of any condition herein sot 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.
If you wish to contest any statement in the. attached Certification you must file a petition for an administrative
hearing, You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) -431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.

Page 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Neuse River basin riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any
questions, please telephone Lauren Witherspoon, at 919 - 791 -4251.
Sincerely,
a, 07 149
Danny smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 3884
Certificate of Completion
cc: DWQ Central Office — WeBSCaPe —1650 Mail Service Center
RRO File Copy
Brian Johnston & Brian Oschwald - The Wooten Company, 120 N. Boylan Avenue, Raleigh, NC 27603
Filename: 12-0497—Marsh Creek Interceptor Sewer Improvements 401 NBR Approval

Water Quality Certification No. 3884
Water Quality Certification Number 3884 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H.0500 and 15A NCAC 02B.0200
for the discharge of fill material to Waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12 and 47) of the Corps of Engineers regulations including any fill activity for
utility line backfill and bedding, and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 02B.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the 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 ld areas with
Riparian Area Protection Rules when the maintenance corridor at stream crossing must
be 10 feet wide or less). Gas pipelines may have a maintenance corridor wider than
fifteen feet if mitigation is provided for these additional wetland fills.
d) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
e) Any impacts to streams and/or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] In effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143- 215.3D(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-11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
Water Quality Certification No. 3884 2

Water Quality Certification No. 3884
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated In the conditions of the permit. If your project
Is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self- monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000).
Inspection log sheets, and other information may be found at
htto:# aortal. 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.
5. 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 moratoriums on construction activities established by the NG Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
Implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area Protection (Buffer) Rule
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed In accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
Water Quality Certification No. 3884 3

Water Quality Certification No. 3884
8. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
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 Galdetines (April 2003) or Its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as requited In those
protocols. The mitigation plan must b0 implemented and /or constructed before any impacts
occur on site.. Alternatively, the Division will accept payment into an in -Ueu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
9. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned Into the new channel until the banks are stabilized, Vegetation used for bank
stabilization shall be limited to native woody species, and should Include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase Incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and /or plastic twine shall not be used In
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A- Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
10. For sewer lines, when the construction corridor is parallel to a stream, then the edge of the
construction corridor shall not be closer than 10 feet from top of bank. For streams classified
as WS (except WS -IV or WS -V), B, SA, ORW, HQW, or SB from normal high water (or tide
elevation) and wetlands, the edge of the construction corridor shall not be closer than 60 feet
to a stream; or 100 feet to private or public water supply sources or waters classified as WS-I
waters or Class I or Class 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 verlsion 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

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 rlp -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area
14. Annual native species suitable for wet locations shall be planted and established within
Jurisdictional wetlands for soil and erosion control. Non - native perennials such as fescue are
prohibited.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams, Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. The construction corridor (including access roads, sediment and erosion control measures
and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across
stream channels and must be minimized to the maximum extent practicable.
17. Permanent, maintained access corridors shall be restricted to the minimum width practicable
and shall not exceed 15 feet in width except at manhole locations. A 15 -foot by 15 -foot
perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart.
18. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti -seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require
anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10- 5 cm /sec or
less. A section and plan view diagram is attached for the anti -seep collars.
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water - cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
19. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be
Water Quality Certification No. 3884 5

Water Quality Certification No. 3884
piled separately from subsoils and will be backfilled into the french 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 applicantfpermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with t303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
24. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
25. Additional site - specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
26. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity If It Is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3884 6

Water Quality Certification No. 3884
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best Interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E.
Director
History Note. Water Quality Certlflcation (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, 2047; 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

Water Quality Certification No. 3884
ANTI -SEEP COLLAR
r - - --
18
I Inches I Utility ine
I
(Diameter Varies)
I I
1 foot i_ Class B Concrete
L —I I or Compacted Clay
t
6 inches MnehWIdth 6 inches
Not to exceed 40 feet
SECTION
Class B Concrete
or Compacted Clay
2
6 inchel W.,_ _,,.1_1.6 inches
FLAN
Water Quality Certification No. 3884 8

Aif,71
mm'
WCDENR
North Carolina Department of Environment and Natural Resources
,Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE
Governor Director
DWQ Project No.:
Applicant:
Project Name;
County:
Date of Issuance of 401 Water Quality Certification:
Ce>rtilicate of Completion
Dee Freeman
Secretary
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 this certificate to the 40I/Wetlands 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 applicaaf's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Orlif%ation
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
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
if this project was designed by a Certified Professional
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 Permitee 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
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27604 -1170
Phone: [phone] FAX: 919 - 807 -6494
Internet www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
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