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HomeMy WebLinkAbout20061730 Ver 1_Approval Letter_20070830~ O~O~ W AT ~9~G ~. o ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 30, 2007 Mr. William Scudder Brunswick Development Company 1025-A Lake Park Blvd. Carolina Beach, NC 28428 Re: Cypress Creek Subdivision, Brunswick County DWQ #20061730; USACE Action ID. No. 2006-823-010 APPROVAL of 401 Water Quality Certification and Isolated Wetland General Permit with Additional Conditions -REVISED Dear Mr. Scudder: Attached hereto is a copy of Certification No. 3675 issued to Mr. William Scudder and Brunswick Development Company, dated August 30, 2007. This Certification replaces the Certification issued to you on August 27, 2007. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sin r ly, Coleen .Sullins CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements IWGP100000 Certificate of Completion cc: Becky Fox, EPA, 13.07 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE Joanne Steenhuis, DWQ, Wilmington Regional Office DLR Wilmington Regional Office Doug Huggett, DCM Mike Street, P.O. Box 769, Morehead City, NC 27557 File Copy Central Files Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402 Filename: 061730CypressCreekSD(Brunswick)401_IC 401 OversighUExpress Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands NoOe Carolina ~aturally An Equal OpportunitylAffinnativeRction Employer - 50% Recycled/10% Post Consumer Paper Mr. William Scudder and Brunswick Development Company ~. Page 2 of 5 August 30, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION 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 15 NCAC 2H, Section .0500 to Mr. William Scudder and Brunswick Development Company, to fill or otherwise impact 2.23 acres of 404/wetland, 0.028 acres of Isolated Wetland, and 23 linear feet of perennial stream, to construct the proposed Cypress Creek Subdivision, which is located on both sides of Gilbert Road, west of Midway Road and south of Brown Road in Bolivia, Brunswick County, North Carolina, pursuant to an application dated June 14, 2007 and received by the DWQ on June 19, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 29h day of June of 2007 (received by DWQ on July 2, 2007), and all additional information received by the DWQ on July 26, 2007. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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 impacts: T e of Im act Amount A roved Units Plan Location or Reference 404/Wetland 2.23 (acres A lication and Public Notice Isolated Wetland 0.028 acres A lication and Public Notice Stream - erennial 23 (linear feet A lication and Public Notice Sediment and Erosion Control: 2. 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. Mr. William Scudder and Brunswick Development Company Page 3 of 5 August 30, 2007 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. 3. 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 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. 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 15A NCAC 2B .0259; Continuing_Compliance: 6. Mr. William Scudder and Brunswick Development Company, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. William Scudder and Brunswick Development Company, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. William Scudder and Brunswick Development Company, in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; 7. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance Mr. William Scudder and Brunswick Development Company r . Page 4 of 5 August 30, 2007 with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr.state. nc. us/su/Forms Documents htm; Miti ation: 8. Compensatory Mitigation Using Onsite Restoration, NCEEP Mitigation and Preservation Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you will be purchasing 2.258 acres of wetland mitigation credit from the NCEEP. This method has been determined by the DWQ to be a suitable means to meet the mitigation requirement. You have 60 days from the date of this approval to make your payment to the NCEEP. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet 2.23 acres of 404/wetland and 0.028 acres of Isolated Wetland to meet the tota12.258 acres of wetland compensatory mitigation requirement: T e of Im act Com ensato Miti ation Re aired River and Sub-basin Number 404/Wetland 2.23 (acres Lumber/03040207 Isolated Wetland 0.028 (acres Lumber/03040207 9. Written Stormwater Management Plan (Final Plan Needed) A final, written Stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of this Certification, and the Stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The Stormwater management plan must include plans, specifications, and worksheets for Stormwater management facilities that are appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainagepatterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters H W ,and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NCDENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. Where a Coastal State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this permit may be considered to meet this condition. Mr. William Scudder and Brunswick Development Company Page 5 of 5 August 30, 2007 10. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 11. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 12. Construction Plans Any final construction plans for this project must include or reference the application and plans approved by the DWQ under this authorization letter and certification. 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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 or CAMA Permit, and the authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your application and as authorized by this Permit, shall expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 30`i' day ugust 2007 DIV~SIOl~ O>~~VV ER QUALITY Teen H. Sullins, Director 3675 CHS/cbWijm of ~~~ _~ ~_ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 1SA NCAC 2H.0500, Mr. William Scudder and Brunswick Development Company, have permission as outlined below to fill or otherwise impact 2.23 acres of 404/wetland, 0.028 acres of Isolated Wetland, and 23 linear feet of perennial stream, as described in your application dated June 14, 2007 and received by the DWQ on June 19, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 29h day of June of 2007 (received by DWQ on July 2, 2007), and all additional information received by the DWQ on July 26, 2007, to construct the proposed Cypress Creek Subdivision, which is located on both sides of Gilbert Road, west of Midway Road and south of Brown Road in Bolivia, Brunswick County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20061730 LOCATION: Bolivia COUNTY Brunswick BASIN/ SUB BASIN Lumber/03040207 As required by 1 SA NCAC 2H.OS00, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 1 S 2R.0503(b). Im acts Miti ation 2.23 Acres 404/Wetlands 2.23 Acres 404/Wetlands 0.028 Acres Isolated Wetland 0.028 Acres Isolated Wetland One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.OS03. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919)733-S20S Filename: 061730CypressCreekSD(B runswick)<}O1 _IC_EEP None Carolina 401 Oversight/Express Review Permitting Unit ~ruCa«y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Certification of Completion DWQ ProjectNo.: County: Applicant: Project Name: Date of Issuance of Certification or Authorization: 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 I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, 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 Permiee 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. hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED WETLANDS AND ISOLATED WATERS PERMIT NUMBER: IWGP100000 FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF OTHER ISOLATED SURFACE WATERS In accordance with the provision of Article 21 of Chapter 143, General Statutes of North Carolina as amended .and other lawful standards and regulations, including 15A NCAC 2H .1300 and 15A NCAC 2B .0200, promulgated and adopted by the North Carolina Environmental Management Commission. Permission is hereby granted to all owners or operators of activities which impact isolated wetlands, isolated streams or other isolated waters in accordance with the conditions set forth in Parts I, II, III, IV, V, VI and VII of this General Permit Number One. This General Permit shall become effective on September 10, 2003. This General Permit shall expire at midnight on September 30, 2008 or unless otherwise rescinded by the Director of the NC Division of Water Quality (DWQ). Alan W. Kimek, Director Division of Water Quality By the Authority of the NC Environmental Management Commission This General Permit is issued in conformity with the requirements of North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300 for the discharge of fill material to isolated wetlands and isolated waters of the State of North Carolina. This Permit may be rescinded when deemed appropriate by the Director of DWQ after appropriate public notice. 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. Conditions of Permit: 1. Totaling Impacts and Application Requirements: A. Application Thresholds -Impacts to isolated, classified streams, wetlands and water that exceed any of the thresholds below require a complete application and written concurrence which may include site-specific conditions in order to use this Permit. These thresholds apply for the entire project regardless of the number of Nationwide or Individual Permits (if any) applicable to the project that are issued by the US Army Corps of Engineers for the project: 1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or ' 2. Impacts to isolated lakes and ponds of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or 3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of I-95 and 1/10 of an acre west of I-95 require written notification to and approval by the Division of Water Quality; 4. Proposed fill or substantial modification of any amount of isolated wetlands classified in accordance with 15A NCAC 26 .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; B. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of isolated stream, ii) 1/3 acre of isolated surtace waters, iii) 1/3 acre of isolated wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate= 95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and' do not require application to or written approval from DWQ as long as all the conditions of 15A NCAC 2H .1305 (b) are followed; C. Totaling.and Reoorting of Impacts: 1. Isolated Streams -Impacts to isolated streams as determined by the Division of Water Quality shall be measured as the length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used (if any). Stream relocations and streambed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss. of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not count towards mitigation requirements as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or This General Permit is issued in conformity with the requirements of North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300 for the discharge of fill material to isolated wetlands and isolated waters of the State of North Carolina. This Permit may be rescinded when deemed appropriate by the Director of DWQ after appropriate public notice. 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. Conditions of Permit: Totaling Impacts and Application Requirements: A. Application Thresholds -Impacts to isolated, classified streams, wetlands and water that exceed any of the thresholds below require a complete application and written concurrence which may include site-specific conditions in order to use this Permit. These thresholds apply for the entire project regardless of the number of Nationwide or Individual Permits (if any) applicable to the project that are issued by the US Army Corps of Engineers for the project: 1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or 2. Impacts to isolated lakes and ponds of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or 3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of I-95-and 1/10 of an acre west of I-95 require written notification to and approval by the Division of Water Quality; 4. Proposed fill or substantial modification of any amount of isolated wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands UWL shall require written concurrence from the Division of Water Quality; B. Activities which are Deemed permitted: Impacts to less than i) 150 linear feet of isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate- 95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not require application to or written approval from DWQ as long as all the conditions of 15A NCAC 2H .1305 (b) are followed; C. Totalina and Reaorting of Impacts: 1. Isolated Streams -Impacts to isolated streams as determined by the Division of Water Quality shall be measured as the length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used (if any). Stream relocations and streambed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss. of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not count towards mitigation requirements as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) Isolated Lakes and Ponds -Impacts to isolated waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used (if any). Any activity that results in a loss of use of aquatic functions including but not limited to filling, draining, and dredging shall be considered waters impacts. Isolated Wetlands -Impacts to isolated wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used (if any). Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Impacts to wetlands shall include activities that change the hydrology of a wetland. D. Public Notice requirement - A. separate Public Notice and Individual Permit will be required for all projects which propose to impact more than 250 linear feet of isolated streams or more than one (1) acre of isolated wetlands or other waters in accordance with 15A NCAC 2H .1303. For impacts less than these thresholds, this General Permit is applicable without additional Public Notice. E. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for an Isolated- Wetland General or Individual Permit must include the .appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted. This payment shall be the higher of the two fees; F. Impacts to any stream length for streams regulated by the respective. riparian buffer rules in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) also requires written concurrence for this Permit from DWQ in accordance with 15A NCAC 26.0200 except for "exempt activities" as noted below. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Permit as long as they meet the impact thresholds provided in the rules. New development activities located in the protected riparian areas (whether jurisdictional streams, wetlands, waters or not) within river basins with riparian buffer protection rules shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 26 .0200. All new development 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; G. Irrespective of other application thresholds in this General Permit, all impacts to perennial waters and their associated buffers in water supply watersheds require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II), 2B .0214 (WS-III) and 2B .0215 (WS- I~. Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the Isolated Wetland General Permit can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all perennial waters in water supply watersheds except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; II. On-Site Stormwater Management: A. Additional site-specific stormwater management requirements may be added to this Permit at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent for either the entire site or portions of the site that exceed 30% imperviousness. Site-specific stormwater management shall be designed to remove at least 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Other stormwater management requirements (such as [but not limited to] providing diffuse flow through protected buffers) may also be added on a case-by-case basis. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), troutwaters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when asite-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Permit. Alternative designs may be requested by the applicant and will be reviewed on a case-by-case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management `plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. 1. Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Permit occur. 2. The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. 3. Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. 4. All structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. 5. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. III. Compensatory Mitigation: A. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial - but also intermittent stream impacts that require application to DWQ in watersheds ith streams classified as ORW, HQW, Tr, WS-I and WS-11 unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; B. In accordance with 15A NCAC 2H .1300, compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any use of this General Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ~in writing before the impacts approved by the Permit occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; C. For any project involving re-alignment of streams, a stream relocation plan must be included with the General Permit application for written DWQ approval. 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), 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. A smaller buffer may be allowed on asite-specific basis by DWQ. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, 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, but the applicant must provide written justification and any hydraulic calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on- site, then stream impact will need to be mitigated elsewhere. If stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; D. Culverts and other structures installed in waters, streams, and wetlands must be placed below the elevation of the'streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide written evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; IV. Sedimentation and Erosion Control: A. All erosion and sediment control practices (for land uses that include construction/development, mining, agricultural and forestry practices) must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such Best Management Practices (BMPs). 1. For construction/development and land disturbance activities, erosion and sediment control measures and maintenance must be installed and equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the "North Carolina Sediment And Erosion Control Planning and Design Manual". If land disturbance amounts are below the thresholds where a Division of Land Resource (DLR) or a DLR delegated program require a Erosion and Sedimentation Control Plan, then measures and control practices must be installed such that sedimentation to waters is prevented. 2. For mining activities, erosion and sediment control measures and maintenance must be installed and equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the "North Carolina Surface Mining Manual". 3. For projects located on agricultural sites, Best Management measures must be installed and equal or exceed the proper design, installation, operations and maintenance outlined in Section 4 of the Natural Resources Conservation Services (NRCS) Technical Guide. If erosion and sediment control measures are not specifically addressed by NRCS Technical Guide for an activity being conducted, then sediment control measures, control practices, and maintenance must be installed and implemented such that sedimentation to waters is prevented. 4. For project located on forestry sites, Best Management Practices must be installed that equal or exceed the proper design, installation, operation and maintenance as outlined in the most recent version of the "Best Management Practice Manual" developed by the North Carolina Division of Forest Management. If the Best Management Practices, developed by the Division of Forest Resources, do not specifically address the activity being conducted, then measures, control practices, and maintenance must be installed and implemented such that sedimentation to waters is prevented. B. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources or DLR delegated program has released the project; V. Compliance with Water Quality Standards: A. Additional site-specific conditions may be added to projects proposed under this Permit in order to ensure compliance with all applicable water quality and effluent standards; B. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; C. If this Permit is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General or Individual 401 Water Quality Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Permit shall only be utilized from natural high ground to natural high ground; V. Possible requirement for an Individual Permit and Public Meetings A. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Permit for any project in this category of activity that requires written concurrence under this Permit, if it is determined that the project is likely to 1) have a significant adverse effect upon water quality, 2) impact state or federally listed threatened or endangered species, or 3) degrade the waters so that existing uses of the wetland or downstream waters are precluded. B. Public meetings may be held for specific applications or group of applications prior to a Permit decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. VI. Compliance and Reporting: A. If an environmental document is required, this Permit is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; B. Deed notifications or similar mechanisms shall be placed on all lots with remaining wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer protection rules are applicable. These mechanisms shall be put in .place within 30 days of the date of issuance of the General Permit letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http~//h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; C. When written concurrence is required, the applicant is required to use the most recent version of the Certificate of Completion to inform DWQ that work authorized by this General Permit has been completed; D. Concurrence from DWQ that this Permit applies to an individual project shall expire five years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is sooner un-ess otherwise explicitly allowed in the approval letter from DWQ. E. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Permit for the project and may also result in criminal and/or civil penalties. F. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with 143-215.6A to 143-215.6C. G. -This permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit cortidition. H. The issuance of this Permit does not prohibit the Director from reopening and modifying the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al. I. The Permit is not transferable to any person or entity except after notice to and written approval by the Director. The Director may require modification or revocation and reissuance of the Permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division. of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. J. The issuance of this Permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other governments agencies (local, state, and federal) which have jurisdiction. If any of those permits results in revisions to the plans, a permit modification must be submitted. K. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspections and compliance review. L. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days. 8.