HomeMy WebLinkAbout20221519 Ver 1_PCN and DWR Letter 2008 reduced_20221027J:
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Pre -Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as requir-ley Secti ater--Act_andlox
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
www.saw.usace.army.mil/wetlands/Permits.htffl.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please: go to the
USACE website at www.saw,usace.aM.mil/wetiands/index.html or contact one of the field offices
listed on page 3 of this application. The website also lists the responsible project manager for each
county in North Carolina and provides additional information regarding the identification and regulation
of wetlands and waters of the U.S.
The D WQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 4011Wetlands Unit website at
h://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Updated IIAt2OO5
Page 1 of 12
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at
http:llwtiv",.Usace.army.mil/inet/functions/cw/cecwo/re 2002nwps.pdf. Processing times vary by
permit and begin once the application has been determined to be complete. Please contact the
appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Wafer Quality, 401/Wetlands Unit, 1650 `Mail Service Center,
Raleigh, NC, 27699-1650. ` If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cum tive wetlandlwater impacts and less than 150 feet cumulative impacts to
�1 f� s awls, en a ee o 'M required. If either of these thresholds is exceeded, then a fee of $475 is
_I required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http:llh2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on -hold letter pending receipt of additional
requested information, or denial.
Updated I1/112Q05
Page 2 of I2
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
Alexander
Caldwell
Haywood
McDowell
Swain
US Army Corps of Engineers
Alleghany
Catawba
Henderson
Mecklenburg
Transylvania
151 Patton Avenue
Ashe
Cherokee
Iredell
Mitchell
Union
Room 208
Avery
Clay
Jackson
Polk
Watauga
Asheville, NC 28801-5006
Buncombe
Cleveland
Lincoln
Rowan
Yancey
Telephone: (828) 271-7980
Burke
Gaston
Macon
Rutherford
Fax: (828) 281-8120
Cabarrus
Graham
Madison
Stanley
Raleigh Regulatory Field Office
Alamance
Franklin
Nash
Surry
US Army Corps Of Engineers
Caswell
Forsyth
Northampton
Vance
6508 Falls of the Neuse Road
Chatham
Granville
Orange
Wake
Suite 120
Davidson
Guilford
Person
Warren
Raleigh, NC 27615
Davie
Halifax
Randolph
Wilkes
Telephone: (919) 876-8441
Durham
Johnston
Rockingham
Wilson
Fax: (919) 876-5823
Edgecombe
Lee
Stokes
Yadkin
Washington Regulatory Field Office
Beaufort
Currituck
Jones
Pitt
US Army Corps Of Engineers
Berrie
Dare
Lenoir
Tyrrell
Post Office Box 1000
Camden
Gates
Martin
Washington
Washington, NC 27889-1000
Carteret*
Green
Pamlico
Wayne
Telephone: (252) 975-1616
Chowan
Hertford
Pasquotank
Fax: (252) 975-1399
Craven
Hyde
Perquimans
*Croatan National
Forest Only
Wilmington Regulatory Field Office
Anson
Duplin
Onslow
US Army Corps Of Engineers
Bladen
Harnett
Pender
Post Office Box 1890
Brunswick
Hoke
Richmond
Wilmington, NC 28402-1890
Carteret
Montgomery
Robeson
Telephone: (910) 251-4511
Columbus
Moore
Sampson
Fax: (910) 251-4025
Cumberland
New Hanover
Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Ecosystem Enhancement Program Department Of Cultural Resources
1650 Mail Service Center 1652 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1652 Raleigh, NC 27699-4617
Telephone: (919) 733-1786 Telephone: (919) 715-0476 Telephone; (919) 733-4763
Fax: (919) 733-6893 Fax; (919) 715-2219 Fax: (919) 715-2671
US Fish and Wildlife Service 1 NationaI Marine Fisheries Service
US Fish and Wildlife Service US Fish and WiIdli€e Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 ZiIlicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 258-3939 Telephone: (252) 728-5090
Updated I11112005
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management
Beaufort
Chowan
Hertford
Pasquotank
400 Commerce Avenue
Bertie
Craven
Hyde
Pender
Morehead City, NC 28557-3421
Brunswick
Currituck
New Hanover
Perquimans
Telephone: (252) 808-2803
Camden
Dare
Onslow
Tyrrell
Fax: (252) 247-3330
Carteret
Gates
Pamlico
Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
Alleghany
Caldwell
Watauga
3855 Idlewild Road
Ashe
Mitchell
Wilkes
Kernersville, NC 27284-9180
Avery
Stokes
Telephone: (336) 769-9453
Burke
Surry
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn. Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: (828) 452-2546
Graham
Madison
Transylvania
Fax: (828) 452-7772
Haywood
McDowell
Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Updated IIAf2OO5
Page 4 of 12
Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No.
kii any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
I. Processing
Check all of the approval(s) requested for this project:
Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
❑ 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ❑
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for fiu-ther details), check here: ❑
II. Applicant Information
1. Owner/ApRlicant Information
Name: t , - c el
Mailing Address: faMS��
lw
.ice & r
A
Telephone NumbefCJ_&
_
i
2. Agent/ConsuItant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: -_-- - L.S4_dt>::M_ _Z>P.eL ch I E--
Company Affiliation: a k16L1 r•l eC- 9I_yl [sL
Mailing Address: �_p�_�j . r1~S� o t'>4 ST,............_
Telephone Number: 91 o • (a Fax Number:
E-mail Address: d�.T
Updated II/It2OO5
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: arr— PL&,0•l Sc.x� W M e C A
2. T.T.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): ?,A!`7Q 13 -~ e.XDZ —C� --moo
d. Location
County: 1►1eV.t AAr,#A *,4 efZ, Nearest Town: e-ACOLLHA,
Subdivision name (include phase/lot number): n4e cwu I 5eCC . Zed 1_.V+- 1
Directions to site (include road numbers/names, landmarks, etc.): Sep-, : � p4►a,r-1
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): _ f I4 _ ON °W
6. Property size (acres): o —64 xe..
7. Name of nearest receiving body of water: C-A.P�__�.►Ii�
8. River Basin: C-A-.Pe' FCss?.
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/Ai2o.enr.state.ne.us/adminlmos/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: _1—aAc- t S W evn tirQ A,. -I D W i 4_1&�tA
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, incl
the type of equipment to be used: S H A.I
11. Explain the purpose of the proposed work:_ �L►_ L gnp� t � G-: A Lam"
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDDT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. r-1 I A,
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
e- a N1 e
A'.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 5ez 51 i-e PLIM4R._
IL 1
Updated 11/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, diteMngldrainage, etc. For darns,
*,. arntPlv lict imnnntc r1nP to tenth etrnr!tirrP and flnodinu_
Wetland Impact
Site Number
(indicate on map)
Type of Impact
L
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
4 vdir
Located within
I00-year
Floodplain
( eslno)
Distance to
Nearest
Stream
(Iinear feet
k
Area of
Impact
(acres)
o
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: d>. Z Cn
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, darn
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mnet I,w molnrlpel Tn r.AlriilatP ArrPauP midtinly leno-th X width_ then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Impact
Impact
Length
linear feet
Area of
Impact
acres
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill-vr-nuatinn ArMaino, flnnrlincr dramavP. hnikhea.ds_ etc_
Open Water Impact
Site Number
indicate on ma
Name of Wa#erhody
(if applicable}
V
Type of Impact
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.
Area of
Impact
(acres)
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from theproject:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream hnpact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ❑ Yes �No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. hA 114 t tAtA ++1I 14 &1
—rev A Lei �- XS H +A-"-Ro,,-L 551 i3 i —
V>III. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated I I1112005
Page 9 of 12
USAGE -- In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
I. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.neeep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non -riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ❑ No X,
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAISEPA)?
Note: If you are not sure whether a NEPAISEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ❑ No ❑
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify_ }? Yes ❑ No ❑
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* is mpaauare feetl I ct Multiplier I M t ui i n
I 1 I 13 (2 for Catawba)
2 1 1 1.5
Total I E I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration 1 Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or .0244, or .0250.
Updated II/I t2OO5
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No ❑
Is this an after -the -fact permit application? Yes ❑ No ❑
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ❑ No ❑
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt2://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional).
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
0
10, Applicant/AgentAienatui
(Agent's signature is valid only if an
Updated 111112005
Page 12 of 12
0
licant is provided..)
X7.73
N60'27'15"E 95.00'
UPLAND �� �� �� � 6 7�
❑.09 acres
Z -1 20 REAR SETBAC X6.61
Lo
'jpD
Co
IX 8
PRO ES �� �� PR ROSE
OWELLING a i GARAGE
AREA OF STRUCTURE
WITHIN 404 WETLANDS -5.50
F 1,923 Sq Ft/0.04 Ac. X6 88
PROPOSED
DRIVEWAY.--
to X7.35
o
-1, 789
Sq Ft 0.04 Ac.
_I
w
fn
r
cr'
I
1
m X6.74
'o
X4.5
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0� W A rEigQG Beverly Eaves Perdue, Governor
r Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
� y
G� `C Coleen H. Sullins, Director
Division of Water Quality
January 27, 2009
New Hanover County
DWQ Project 4: 08-1842
Mr. falter McCartney
Ms. Rhonda Hunnicutt
8457 River Road
Wilmington NC 28412
Subject Property: Scott McCartney Lot 134
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. McCartney & Ms Hunnicutt:
You have our approval, in accordance with the attached conditions to impact 0.08 acres of 404
wetlands in order to provide access and a building footprint as described in your application
received by DWQ on December 16, 2008. After reviewing your application, we have decided
these impacts are below the threshold for written authorization as long as all conditions of
General Water Quality Certification Number 3705 (GC3705) is met. This certification may also
be viewed on our website at http://h2o.enr.state.ne.us/ncwetlands. This Certification allows you
to use the Nationwide 29 Permit when issued by the US Army Corps of Engineers.
This approval is only valid for the purpose and design that is described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
1) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401 /Wetlands Unit of the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
dv�iura��
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015
Internet: www.ncwateMuality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496
An Equal ppportunirylAifirmalive Action Employer— 50% Recycle&l0% Post Consumer Paper
Customer service
1-877-623-6748
2
Scott McCartney Lot 134
New Hanover County
2008-1842
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at (919) 733-1786 or
myself at our Wilmington Regional Office at (910) 796-7215.
Sincerely,
a4 � exi—I
Chad Coburn
Senior Environmental Specialist
Enclosures: GC 3705
Certification of Completion
cc: Ian McMillan — DWQ 401 Oversight Unit
Emily Burton Hughes— Corps of Engineers Wilmington
W1RO
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , 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 and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent'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 and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional Ge., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
Water Quality Certification No. 3705
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 18 MINOR DISCHARGES 29 RESIDENTIAL DEVELOPMENT
39 4COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS
41 RESHAPING EXISTING DRAINAGE DITCHES 42 RECREATIONAL FACILITIES
44 MINING ACTIVITIES AND 46 iDISCHARGES IN DITCHES
AND RIPARIAN AREA PROTECTION RULES ISUFFER RULES
Water Quality Certification Number 3705 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 2H, Section .0500 and 15A NCAC 2B
.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) (18, 29, 39, 41, 42, 43, 44, and 46)
of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200,
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 305 and 307 of the Public Laws 92-500 and-95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the "Division"):
Stream and/or buffer impacts:
a. Any impacts to perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or
Outstanding Resource Water (ORW) watersheds. Only water -dependent activities, public
projects, and structures with diminimus increases in impervious surfaces will be allowed as
outlined in those rules [15A NCAC 213 .0212 through .02151. All other activities require a
variance from the delegated local government and/or the NC Environmental Management
Commission before the application for the 401 Water Quality Certification can be
processed.
b. Any impacts to streams and buffers in the Neuse, Tar -Pamlico, Randleman and Catawba
River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application [in accordance with 15A NCAC 26 .02001), unless the
activities are listed as "EXEMPT" from these Rules,
c. Any impacts to streams involving excavation or dredging.
d. Total stream impacts equal to or greater than 150 linear feet of intermittent and/or perennial
stream to be idled, culverted, rip rapped, or relocated, including temporary and/or
permanent impacts.
It. Impacts (temporary and/or permanent) to waters:
a. Equal to or greater than one-third (1/3) of an acre East of Interstate 95 (1-95).
b. Equal to or greater than one -tenth (1/10) acre West of Interstate 95 (1-95).
III- Wetland impacts (temporary and/or permanent):
a. Equal to or greater than one-third (1/3) acre East of Interstate-95.
b. Equal to or greater than one -tenth (1/10) acre West of Interstate-95.
c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS-1, WS-11, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River.
d. Any impacts to coastal wetlands C15A NCAC 7H-0205)], or Unique Wetlands (UWL) [15A
NCAC 2H .0506].
Water Quality Certification No. 3705
Water Quality Certification No. 3705
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources.
In accordance with North Carolina General Statute Section 143-215.317(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 that are below the thresholds, or otherwise do not meet the criteria listed above
in this General Certification do not require written approval from the Division of Water
Quality as long as they comply with the Conditions of Certification listed below, including
the Stormwater Management Plan condition. If the project requires a Stormwater
Management Plan, but is otherwise below the written approval thresholds, the applicant
may provide a courtesy copy of the Pre -Construction Notification along with a copy of the
Stormwater Management Plan (and approval letter from the appropriate locally delegated
state program where applicable). If any of these Conditions cannot be met, then written
approval from the Division is required.
Conditions of Certification:
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 and
authorized in the written approval from the Division, 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.
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:
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),
Trout (Tr), SA, WS-1, WS-II, High Quality (HOW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
Water Quality Certification No. 3^Q5
Water Quality Certification No. 3705
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior 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 or
stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction Stormwater Permit NCG010000
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 (NCG010000) administered by the Division 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 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
htt,o:I/h2a. enr. state. nc. us/su/Forms Docurnents. hfm.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
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, larvallpost-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
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 in a dry work 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 submittal to, and approval
by, the Division of Water Quality,
Water Quality Certification No. 3705
Wafer Quality Certification No. 3705
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar -Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B .0233, ,0259, .0250 and .0243, 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. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low -density development) or the 100-foot wide vegetative
buffer (high -density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. if concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish Kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 [h], compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS-1 and WS-ll.
Buffer mitigation may be required for any project with 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
General Water Quality Certification for this Nationwide 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 for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in -lieu fee program or credit purchase from a mitigation
bank.
Finally, 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 public. Proof of payment to an
in -lien fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No. 3705
Water Quality Certification No. 3705
11. For all activities requiring re -alignment of streams, a stream relocation plan must be included
for written Division 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), 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, 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 can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a Stormwater
Management Plan in accordance with the version of Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of Transportation
posted on the Division web site at the time of application shall be provided for any project that
meets both of the following two criteria
i. Requires a 404 Permit or Isolated Wetlands Permit (regardless of
whether written authorization is required by the Division), AND
ii. Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate.
B. For the North Carolina Department of Transportation, compliance with NCDCT's individual
NPDES permit NCS000250 shall serve to satisfy this condition.
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 placed 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 ana aquatic life.
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.
Water Quality Certification No. 3705
Water Quality Certification No. 3705
If site -specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head -cutting upstream, the Division will consider
alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
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, Additional site -specific conditions 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.
15. 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.
16. 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.
17, 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 hfp:llh2o.enr.state.nc.uslncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. 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 DWD Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1660.
19. This General Certification shall expire three (3) years from, the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide 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, if the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re -application and re -approval to use this Certification for the specific
impacts already approved.
Water Quality Certification No. 3705
Water Quality Certification No. 3705
20. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3705 replaces Water Quality Certification
Numbers 3106 and 3108 issued on February 11, 1997, Water Quality Certification Number 3287
issued on June 1, 2000, Water Quality Certification Number 3362 issued March 18, 2002, Water
Quality Certification Number 3402 issued March, 2003, and Water Quality Certification Number
3631 issued March 19, 2007. This Water Quality Certification is rescinded when the Corps of
Engineers re -authorizes Nationwide Permits 18, 29, 39, 41, 42, 43 or 44 or when deemed
appropriate by the Director of the Division of Water Quality,
Water Quality Certification No. 3705