20140478 Ver 1_Approval Letter_20140730 (2)

ACREWR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
July 30, 2014
DWR # 14 -0478
Greene County
Charles L. Stokes, Jr.
782 Lowerfield Road
Ayden, NC 28513
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Neuse River Riparian Buffer Impacts with Additional Conditions
Moye Farm
Dear Mr. Stokes:
You have our approval for the impacts listed below for the purpose described in your application dated
March 14, 2014 and received by the Division of Water Resources (Division) on May 8, 2014. These impacts
are covered by the attached Water Quality General Certification Number 3886, Neuse River Riparian Buffer
Rules, and the conditions listed below. This certification is associated with the use of Nationwide Permit
Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non- Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions-of the Certification and Tar - Pamlico River Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan location /
Reference. Attached
Stream
Charles L. Stokes Figure
6 of 7
Road Crossing
40 (linear feet)
0 (linear feet)
Buffer —Zone 1
Charles L. Stokes Figure
7 of 7
Road Crossing
2,086 (square ft.)
0 (square ft.)
Buffers —Zone 2
Road Crossing
1,590 (square ft.)
0 (square ft.)
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 t Fax; 252 - 975 -37161 Internet: www,ncdenr.gov
An Equal Opportunity 1 Afirmative Aotion Employer —Made in part by recycled paper

Charles L. Stokes, Jr.
DWR# 14 -0478
401 and Buffer APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions.
3. After the Fact Permits
Please be aware that by having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00
per day for each violation.
4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
5. This approval and its conditions are final and binding unless contested.
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.comi or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:00am and 5 :00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:

Charles L. Stokes, Jr.
. DWR# 14 -0478
401 and Buffer APPROVAL
Page 3 of 3
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252 - 948 -3924 or anthon .scarbrau h ncdenr. ov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3886
Neuse River Riparian Buffer Rules
Certification of Completion
cc: William Wescott, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
File

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Water Quality Certification No. 3886
Water Quality Certification Number 3886 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations
(Nationwide Permit No. 14 and Regional General Permit 198200031) 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.
Any proposed fill or modification of wetlands and/or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality
except for the single family lot exemption described below.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 441 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a) Any temporary or permanent impacts to wetlands, open waters and /or streams, including
stream relocations, except for construction of a driveway to a single family lot as long as
the driveway involves less than 25 feet of temporary and /or permanent stream channel
impacts, including any in- stream stabilization needed for the crossing; or
b) Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
StormwaterRequirements) that is not subject to either a state stormwater program
(such as, but not limited to, Coastal Counties, HQW, ORW or state - implemented Phase II
NPDES) or a certified community's stormwater program; or
c) 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
d) 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 oir
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 tong as they comply with
Water Quality Certification No. 3886

Water Quality Certification No. 3886
the Conditions-of Certification listed below. if any of these Conditions cannot be met, then
written approval from the division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project,
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina. Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAS),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds,
Water Quality Certification No. 3886

Water Quality Certification No. 3886
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.
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 (NCG010D00),
inspection log sheets, and other information may be found at
http:/ /portal ncdenr ora /web /wa/wg /su /n2dessw #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 NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
6, Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3886

Water Quality Certification No. 3686
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 0213.0233-0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre - treated through site - appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H.0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands, For linear public transportation
projects, impacts equal to or exceeding 160 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and /or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates, Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and /or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3886 4

Water Quality Certification No. 3888
11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. 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.
12. Stormwater Management Plan Requirements
All applications shall address sormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5 %, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site - specific topographic constraints preclude the ability to bury the culverts as
described above and /or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
18. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground. ..
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure -
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetiands Unit web site at
httpXjportal.ncdenr.org/web/w
A/swgL%ts/401/certsandpermits/apDly/forms. The text of the
sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
21. if an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
25. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
26. Additional site - specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
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
;1�
Charles Wakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3886 issued March 12, 2012 replaces
WQC Number 3820 issued April 6, 2010; WQC Number 3627 issued March 2007 WQC Number
3404 issued March 2003, WQC Number 3375 issued March 18, 2002; WQC Number 3289 issued
June 1, 2000; WQC Number 3103 issued February 11, 1997; WQC Number 2732 issued May 1,
1992; WQC Number 2666 issued January 21, 1992; WQC Number 2177 issued November 5,
1987. This WQC is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide andlor Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
Attachment A: 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.'
A. Design and implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
i. Non - Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non - erosive velocityprior to
entering the stream or wetland during the peak flow from the ten -year storm.
ii. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant material.a
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity.k
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Counties, HOW, ORW or state - implemented Phase II NPDES, of a Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plan.
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a, Low Density. A site is low density if all the following requirements are met:
1, The development has a built upon area of twenty -four percent (24 %) or less,
considering both current and future development, When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24 %, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.g
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWG? Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3886 9

Water Quality Certification No. 3886
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B .0202(60).'
b. High Density. Projects that do not meet the Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty -five percent (85 %) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30 %) of Total Nitrogen (TN) and Total Phosphorus (TP).8
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual .9
3. DWQ may add specific stormwater management requirements on a case -by-
case basis in order to ensure that a proposed activity will not violate water quality
standards.i0
4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1) -(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mall Service Center, Raleigh, NC 27699 -9650.
I. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HOW,
QRW or state - implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site. 13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.5
iii. Projects Not Covered Under items (1) or (it). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process. _.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items. 13
Water Quality Certification No. 3886 10

Water Quality Certification No. 3886
b. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is proposed.
iv. Phasing. Stormwater management plans may be phased on a case -by -case basis, with
the submittal of a final stormwater management plan per Items (i)- {iii) above required for
the current phase and a conceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must be constructed and operational
before any ¢ permanent building or other structure associated with that phase is
occupied.
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record - keeping purposes. If the project is subject o
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and
approval.15
The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
(c)(5). 10- ear design storm
2 Non erosive discharge rates are required in SL 2008 - 211 §2(b)(1 ) The Y 9
standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC
02H .1006(2)(c) and .1007(1)(a).
4 Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H
.0506(b)(5).
5 Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
6 Law density built upon area thresholds are set in SL 2006- 246 §9(c) and SL 2008 - 211 §2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006- 246 §9(c), SL 2008-211 §2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
8 85% TSS removal is required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC 02H
waters are set forth in 15A NCAC 02)Ba0232, 15A NCAC 028�0257(a)(1), requirements
5A NCAC f02B SW
.0265(3)(a) and 15A NCAC 02B.0277(4).
9 The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
t0 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
" The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(8).
12 The term "public road project" is defined in15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
14 Phased development is addressed as a "common plan of development' in 15A NCAC 02H
.1003(3).
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No. 3886

Page 1 of 11
15A NCAC 02B .0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN
BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin.
(1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers in the Neuse
River Basin to maintain their nutrient removal functions.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Channel' means a natural water - carrying trough cut vertically into low areas of the land surface
by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of
water. (current definition in Forest Practice Guidelines Related to Water Quality, 15A NCAC
011.0102)
(b) 'DBH' means Diameter at Breast Height of a tree, which is measured at 4.5 feet above ground
surface level.
(c) 'Ditch or canal' means a man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter -stream divide areas. A ditch or canal may
have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and
biological characteristics similar to perennial or intermittent streams.
(d) 'Ephemeral ( stormwater) stream' means a feature that carries only stormwater in direct response
to precipitation with water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well - defined channel, the aquatic bed is always above
the water table, and stormwater runoff is the primary source of water. An ephemeral stream
typically lacks the biological, hydrological, and physical characteristics commonly associated with
the continuous or intermittent conveyance of water.
(e) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a
plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(fj 'High Value Tree' means a tree that meets or exceeds the following standards; for pine species,
14 -inch DBH or greater or 18 -inch or greater stump diameter; and, for hardwoods and wetland
species, 16 -inch DBH or greater or 24 -inch or greater stump diameter.
(g) 'Intermittent stream' means a well- defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow may
be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological
and hydrological characteristics commonly associated with the conveyance of water.
(h) 'Modified natural stream' means an on -site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
in the immediate watershed. A modified natural stream must have the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance
of water.
{i} 'Perennial stream' means a well- defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
(j) 'Perennial waterbody' means a natural or man -made basin that stores surface water permanently at
depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non -stream
estuaries and ocean. For the purpose of the State--s riparian buffer protection program, the
,waterbody must be part of a natural drainageway (i.e., connected by surface flow to a stream).
(k) 'Stream' means a body of concentrated flowing water in a natural low area or natural channel on
the land surface.
(1) 'Surface water' means all waters of the state as defined in G.S. 143 -212 except underground
waters.
(m) 'Tree' means a woody plant with a DBH equal to or exceeding five inches.
(3) APPLICABILITY. This Rule shall apply to 50 -foot wide riparian buffers directly adjacent to surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries),
excluding wetlands. Except as described in Sub -Item (4)(a)(iii) of this Rule, wetlands adjacent to surface
waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated
pursuant to ISA NCAC 02H .0506. The riparian buffers protected by this Rule shall be measured pursuant
to Item (4) of this Rule. For the purpose of this Rule, a surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the Natural
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Resources Conservation Service of the United States Department of Agriculture or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be
subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be subject to
this Rule unless one of the following applies.
(a) EXEMPTION WHEN AN ON -SITE DETERMINATION SHOWS THAT SURFACE WATERS
ARE NOT PRESENT. When a landowner or other affected party believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Division or the appropriate
delegated local authority. Upon request, the Division or delegated local authority shall make on-
site determinations. Any disputes over on -site determinations shall be referred to the Director in
writing. A determination of the Director as to the accuracy or application of the maps is subject to
review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
not be subject to this Rule if an on -site determination shows that they fall into one of the following
categories.
(i) Ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
(ii) Manmade ponds and lakes that are located outside natural drainage ways.
(iii) Ephemeral (stormwater) streams.
(b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing according to the
following:
(i) A use shall be considered existing if it was present within the riparian buffer as of July
22, 1997. Existing uses shall include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility
lines and on -site sanitary sewage systems. Only the portion of the riparian buffer that
contains the footprint of the existing use is exempt from this Rule. Activities necessary
to maintain uses are allowed provided that no additional vegetation is removed from
Zone 1 except that grazed or trampled by livestock and existing diffuse flow is
maintained. Grading and revegetating Zone 2 is allowed provided that the health of the
vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse
flow is maintained.
(ii) At the time an existing use is proposed to be converted to another use, this Rule shall
apply. An existing use shall be considered to be converted to another use if any of the
following applies:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously.
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(C) A lawn within the riparian buffer ceases to be maintained.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone I shall consist of a vegetated area that is undisturbed except for uses provided for in Item
(6) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone l shall begin at the most landward limit of
the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally on a line perpendicular to the
surface water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall
begin at the most landward limit of the normal water level or the rooted herbaceous
vegetation and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 02B .0202)
within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the
most landward limit of
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of
Coastal Management;
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water, whichever is more restrictive.
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(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that
the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of
Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the
surface water. The combined width of Zones I and 2 shall be 50 feet on all sides of the surface
water.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a} Concentrated runoff from new ditches or marunade conveyances shall be converted to diffuse
flow before the runoff enters the Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the use
and they designation under this Rule as exempt,
allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item
(7) of this Rule.
Exempt llowable Allowable
with
rport facilities: X
Airport facilities that impact equal to or less than 150 linear
feet or one -third of an acre of riparian buffer X
Airport facilities that impact greater than 150 linear feet or
one -third of an acre of riparian buffer
°chaeological activities X
X
maintenance activities _�_
a X
ae ditches. roadside ditches and stormwater outfalls
ough riparian buffers: X
Existing drainage ditches, roadside ditches, and stormwater
outfalls provided that they are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies X
New drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility
is installed to control nitrogen and attenuate flow before
the conveyance discharges through the riparian buffer X
New drainage ditches, roadside ditches and stormwater
outfalls that do not provide control for nitrogen before
discharging through the riparian buffer X
Excavation of the streambed in order to bring it to the same
elevation as the invert of a ditch
rainage of a pond in a natural drainage way provided that a X
;w riparian buffer that meets the requirements of Items (4)
�id (5) of this Rule is established adjacent to the new channel
iveway crossings of streams and other surface waters
bject to this Rule:
Driveway crossings on single family residential lots that X
disturb equal to or less than 25 linear feet or 2, 500 square
feet of riparian buffer
Driveway crossings on single family residential lots that
disturb greater than 25 linear feet or 2,500 square feet of
riparian buffer
In a subdivision that cumulatively disturb equal to or less
than 150 linear feet or one -third of an acre of riparian
M
X
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Page 4 of 11
offer
X
• In a subdivision that cumulatively disturb greater than 150
linear feet or one -third of an acre of riparian buffer
Fences provided that disturbance is minimized and installation
X
does not result in removal of forest vegetation
Forest harvesting - see Item (11) of this Rule
Fertilizer application:
• One -time fertilizer application to establish replanted
X
vegetation
• Ongoing fertilizer application
X
Grading and revegetation in Zone 2 only provided that diffuse
X
ow and the health of existing vegetation in Zone I is not
compromised and disturbed areas are stabilized
Greenway/hiking trails
X
Historic preservation
X
Landfills as defined by G.S. 130A -290
X
Mining activities:
• Mining activities that are covered by the Mining Act
X
provided that new riparian buffers that meet the
requirements of Items (4) and (5) of this Rule are
established adjacent to the relocated channels -
• Mining activities that are not covered by the Mining Act
X
OR where new riparian buffers that meet the
requirements or Items (4) and (5) of this Rule are not
established adjacent to the relocated channels
• Wastewater or mining dewatering wells with approved
X
NPDES permit
Non-electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 only3
X
• Impacts other than perpendicular crossings in Zone 13
X
Non-electric utility line perpendicular crossing of streams and
ther surface waters subject to this Rule3:
• Perpendicular crossings that disturb equal to or less than 40
X
linear feet of riparian buffer with a maintenance corridor
equal to or less than 10 feet in width
• Perpendicular crossings that disturb greater than 40 linear
X
feet of riparian buffer with a maintenance corridor greater
than 10 feet in width
• Perpendicular crossings that disturb greater than 401inear
X
feet but equal to or less than 150 linear feet of riparian
buffer with a maintenance corridor equal to or less than
10 feet in width
• Perpendicular crossings that disturb greater than 40 linear
X
feet but equal to or less than ISO linear feet of riparian
buffer with a maintenance corridor greater than 10 feet in
width
• Perpendicular crossings that disturb greater than 150 linear
X
feet of riparian buffer
On-site sanitary sewage systems - new ones that use ground
X
absorption
Overhead electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 only3
X
• Impacts other than perpendicular crossings in Zone I t,2,s
X
Overhead electric utility line perpendicular crossings of
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eams and other surface waters subject to this Rules
Perpendicular crossings that disturb equal to or less than X
150 linear feet of riparian buffer 1 X
Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer 1,2
riodic maintenance of modified natural streams such as X
nals and a grassed travelway on one side of the surface
rter when alternative forms of maintenance access are not
1 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternatives evaluation by the Division.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only
vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grabbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
■ Rip rap shall not be used unless it is necessary to stabilize a tower.
■ No fertilizer shall be used other than a one -time application to re- establish vegetation.
■ Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
■ Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
■ In wetlands, mats shall be utilized to minimize soil disturbance.
2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternatives evaluation.
3 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
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Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Playground equipment:
• Playground equipment on single family lots provided
X
that installation and use does not result in removal
of vegetation
X
• Playground equipment installed on lands other than
single - family lots or that requires removal of
vegetation
Ponds in natural drainage ways, excluding dry ponds:
_
• New ponds provided that a riparian buffer that meets
X
the requirements of Items (4) and (5) of this Rule
is established adjacent to the pond
-
X
• New ponds where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is
NOT established adjacent to the pond
Protection of existing structures, facilities and
_
X
streambanks when this requires additional disturbance
of the riparian buffer or the stream channel
Railroad impacts other than crossings of streams and
X
other surface waters subject to this Rule
Railroad crossings of streams and other surface waters
-
subject to this Rule:
• Railroad crossings that impact equal to or less than
X
40 linear feet of riparian buffer
X
• Railroad crossings that impact greater than 40 linear
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feet but equal to or less than 150 linear feet or one -third
of an acre of riparian buffer
X
• Railroad crossings that impact greater than 150
linear feet or one - third of an acre of riparian buffer
Removal of previous fill or debris provided that diffuse
X
flow is maintained and any vegetation removed is
restored
Road impacts other than crossings of streams and other
X
surface waters subject to this Rule
Road crossings of streams and other surface waters
subject to this Rule:
_
• Road crossings that impact equal to or less than 40
_
X
linear feet of riparian buffer
_
• Road crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet or one -
third of an acre of riparian buffer
• Road crossings that impact greater than 150 linear
X
feet or one -third of an acre of riparian buffer
Scientific studies and stream gauging
X _
Stormwater management ponds excluding dry ponds:
_
• New stormwater management ponds provided that a
X
riparian buffer that meets the requirements of
Items (4) and (5) of this Rule is established
adjacent to the pond
X
• New stormwater management ponds where a
riparian buffer that meets the requirements of
Items (4) and (5) of this Rule is NOT established
adjacent to the pond
Stream restoration
X
Streambank stabilization
X
Temporary roads:
• Temporary roads that disturb less than or equal to
X
2,500 square feet provided that vegetation is
restored within six months of initial disturbance
• Temporary roads that disturb greater than 2,500
X
square feet provided that vegetation is restored
within six months of initial disturbance
• Temporary roads used for bridge construction or
X
replacement provided that restoration activities,
such as soil stabilization and revegetation, are
conducted immediately after construction
Temporary sediment and erosion control devices:
• In Zone 2 only provided that the vegetation in Zone
X _
I is not compromised and that discharge is
_
released as diffuse flow in accordance with Item
(5) of this Rule
_ X
• In Zones 1 and 2 to control impacts associated with
_
uses approved by the Division or that have
_
received a variance provided that sediment and
_
erosion control for upland areas is addressed to the
_
maximum extent practical outside the buffer
X
• In- stream temporary erosion and sediment control
measures for work within a stream channel
Underground electric utility lines:
• Impacts other than perpendicular crossings in Zone 2
X
only3
X
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• Impacts other than perpendicular crossings in Zone
13 >4
Exempt
Allowable
Allowable
Prohibited
Underground electric utility line perpendicular
with
crossings of streams and other surface waters subject to
Mitigation
this Rule:3
X
• Perpendicular crossings that disturb less than or
X
X
equal to 40 linear feet of riparian buffer3>4
• Perpendicular crossings that disturb greater than 40
X
linear feet of riparian buffer3 >4
4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not
used, then the underground utility line shall require a no practical alternatives evaluation by the Division.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation.
• No fertilizer shall be used other than a one -time application to re- establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the
time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
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Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Vegetation management:
• Emergency fire control measures provided that
X
topography is restored
• Periodic mowing and harvesting of plant products in
X
Zone 2 only
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health
X
and function of the forest vegetation is not
X
compromised
• Removal of individual trees which are in danger of
causing damage to dwellings, other structures or
X
human life
X
• Removal of poison ivy
• Removal of understory nuisance vegetation as
defined in: Smith, Cherri L. 1998. Exotic Plant
Guidelines. Department of Environment and
Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline #30
Water dependent structures as defined in 15A NCAC
X
02B .0202
Water supply reservoirs:
• New reservoirs provided that a riparian buffer that
X
_
meets the requirements of Items (4) and (5) of this
_
Rule is established adjacent to the reservoir
_
• New reservoirs where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is
X
NOT established adjacent to the reservoir
Water wells
X
-
Wetland restoration
X
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(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable
with mitigation and prohibited in Item (6) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable. In addition, exempt uses shall meet requirements
listed in Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These
uses require written authorization from the Division or the delegated local authority.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved
pursuant to Item (10) of this Rule. These uses require written authorization from the Division or
the delegated local authority.
(d) PROEIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless
a variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one
condition of a variance approval.
(8) DETERNQNATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the delegated local authority. The applicant shall certify that the criteria
identified in Sub -Item (8)(a) of this Rule are met. The Division or the delegated local authority shall grant
an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the delegated local authority
shall review the entire project and make a finding of fact as to whether the following requirements
have been met in support of a "no practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
00 The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days of receipt of a complete submission based on the criteria in Sub -Item (8)(a) of this Rule
by either the Division or the delegated local authority. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." The
Division or the delegated local authority may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of the riparian buffer protection program. Complete
submissions shall include the following:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimensions of any disturbance in riparian
buffers associated with the activity, and the extent of riparian buffers on the land;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4
of G.S. 150B.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate delegated local authority may grant minor variances. The variance request
procedure shall be as follows:
(a) For any variance request, the Division or the delegated local authority shall make a finding of fact
as to whether the following requirements have been met:
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(i) There are practical difficulties or unnecessary hardships that prevent compliance with
the strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. Moreover, the Division
or delegated local authority shall consider whether the variance is the minimum
possible deviation from the terms of this Rule that shall make reasonable use of
the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as its
size, shape, or topography, which is different from that of neighboring property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule,
and then requesting an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured water quality
has been protected, and substantial justice has been done.
(b) MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to
impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed
and approved based on the criteria in Sub -Item (9)(a) of this Rule by the either the Division or the
delegated local authority pursuant to G.S. 153A Article 18, or G.S. 160A- Article 19. The Division
or the delegated local authority may attach conditions to the variance approval that support the
purpose, spirit and intent of the riparian buffer protection program. Requests for appeals of
decisions made by the Division shall be made to the Office of Administrative Hearings. Request
for appeals made by the delegated local authority shall be made to the appropriate Board of
Adjustment under G.S. 160A -388 or G.S. 153A -345.
(e) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to
impact any portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer. If the
Division or the delegated local authority has determined that a major variance request meets the
requirements in Sub -Item (9)(a) of this Rule, then it shall prepare a preliminary finding and submit
it to the Commission. Preliminary findings on major variance requests shall be reviewed by the
Commission within 90 days after receipt by the Director.. Requests for appeals of determinations
that the requirements of Sub -Item (9)(a) of this Rule have not been met shall be made to the Office
of Administrative Hearings for determinations made by the Division or the appropriate Board of
Adjustments under G.S. 160A -388 or G.S. 153A -345 for determinations made by the delegated
local authority. The purpose of the Commission's review is to determine if it agrees that the
requirements in Sub -Item (9)(a) of this Rule have been met. Requests for appeals of decisions
made by the Commission shall be made to the Office of Administrative Hearings. The following
actions shall be taken depending on the Commission's decision on the major variance request:
(i) Upon the Commission's approval, the Division or the delegated local authority shall
issue a final decision granting the major variance.
(ii) Upon the Commission's approval with conditions or stipulations, the Division or the
delegated local authority shall issue a final decision, which includes these conditions or
stipulations.
(iii) Upon the Commission's denial, the Division or the delegated local authority shall issue a
final decision denying the major variance.
(10) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of
this Rule.
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(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0242.
(11) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in the entire riparian buffer;
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 011 .0203. Temporary
stream crossings shall be permanently stabilized after any site disturbing activity is
completed.
(iii) Timber felling shall be directed away from the stream or water body.
(iv) Skidding shall be directed away from the stream or water body and shall be done in a
manner that minimizes soil disturbance and prevents the creation of channels or ruts.
(v) Individual trees may be treated to maintain or improve their health, form or vigor.
(vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control extensive tree pest and disease infestation shall be allowed. These practices must
be approved by the Division of Forest Resources for a specific site. The Division of
Forest Resources must notify the Division of all approvals.
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species.
(ix) High intensity prescribed burns shall not be allowed.
(x) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand
shall be conducted so that the chemicals are not applied directly to or allowed to drift into
the riparian buffer.
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105 -277.2 through G.S. 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are not permitted except at stream crossings designed,
constructed and maintained in accordance with 1SA NCAC 011.0203.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual
vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined
provided that no trees with exposed primary roots visible in the streambank be
cut.
(B)" In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater
than five inches dbh may be cut and removed. The reentry time for harvest shall
be no more frequent than every 15 years, except on forest plantations where the
reentry time shall be no more frequent than every five years. In either case, the
trees remaining after harvest shall be as evenly spaced as possible.
(C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed
provided that sufficient ground cover is maintained to provide for diffusion and
infiltration of surface runoff.
(12) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS
FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs
pursuant to 15A NCAC 02B .0235 shall have two options for ensuring protection of riparian buffers on
new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to 15A NCAC
02B.0241.
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian buffer of a
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Page 11 of 11
surface water that appears on either the most recent versions of the soil survey maps prepared by
the Natural Resources Conservation Service of the United States Department of
Agriculture or the most recent versions of the 1:24,000 scale (7.5 minute quadrangle)
topographic maps prepared by the United States Geologic Survey (USGS).
(ii) The person requesting the approval proposes to impact the riparian buffer of a surface
water that appears on the maps described in Sub -Item (12)(b)(i) of this Rule and either:
(A) Has received an on -site determination from the Division pursuant to Sub -Item
(3)(a) of this Rule that surface waters are not present;
(B) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule for uses designated as Allowable under this Rule;
(C) Has received an Authorization Certificate from the Division pursuant to Item
(8) of this Rule and obtained the Division's approval on a mitigation plan
pursuant to Item (10) of this Rule for uses designated as Allowable with
Mitigation under this Rule; or
(D) Has received a variance from the Commission pursuant to Item (9) of this Rule.
(13) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not
preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143 - 214.1; 143 - 214.7, 143- 215.3(a)(1); S L. 1995, c. 572;
Temporary Adoption Eff. July 22, 1997;
Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998;
Eff. August 1, 2000.
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Certification of Completion
DWR Project No.:
Applicant:
Project Name:
Date of issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 441 Water Quality Certification, and any subsequent modifications,
the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water
Resources, 1654 Mail Service Center, Raleigh, NC, 27694 -1650. This form may be returned to DWR 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, , 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 441 Water Quality Certification, 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 441 Water Quality Certification, the approved plans and specifications, and other
supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect; Surveyor, etc:) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification, the approved plans and specifications, and
other supporting materials.
Signature: Registration No. Date