20141048 Ver 1_Approval Letter_20141031

Pat McCrory
Governor
October 31, 2014
Spout Springs Investments, LLC
Attn: Mr. Bo Murphy
550 Long Point Road
Mt. Pleasant, SC 29464
John E. Skvarla, III
Secretary
DWR # 14 -1048
Harnett County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Proposed Walmart Store —Spout Springs, NC
Dear Mr. Murphy:
You have our approval for the impacts listed below for the purpose described in your application dated
October 2, 2014, received by the Division of Water Resources (Division) October 2, 2014. These impacts
are covered. by the attached Water Quality General Certification Number 3890 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 39 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, - General - Permit- and /or-.Buffer- Rules -are -met.. -No -other impacts - - -_
are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0.478 (acres)
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: [phone] Internet: http: / /www,ncdenr.gov
An Fnual nnnnrtnnity 1 Affirmafiva Arfinn Fmnlnvar— Mader in narf by Ron —lori Panor

Spout Springs Investments, LLC
DWR# 14 -1048
401 APPROVAL
Page 2 of 4
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 (s) /Permit /Authorization and is
responsible for complying with all conditions.
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or.fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and - maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. Erosion & 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
6. No Sediment & 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, 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

Spout Springs Investments, LLC
DWR# 14 -1048
401 APPROVAL
Page 3 of 4
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 or locally delegated program has released the
project.
Stormwater Management Plan (Approval by the DEMLR Stormwater Permitting Program
required.)
You are required to obtain Stormwater Management Plan (SMP) approval from the DEMLR
Stormwater, Permitting Program before any impacts authorized in this certification occur. The
SMP may not be modified without prior written authorization from the DEMLR Stormwater
Permitting Program. A copy of the approval letter and the SMP must be submitted to the DWR
Webscape Unit prior to any impacts authorized in this certification.- You may submit the
approval letter and the SMP by mail or electronically.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the DWR WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650.
This approval and its conditions are final and binding unless contested. This Certification'ca,n be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form
maybe obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919)
431 -3000 for information.
Within thirty (30) 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:OOam and S:OOpm,
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:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Spout Springs Investments, LLC
DWR# 14 -1048
401 APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR— Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Chad Turlington at (910) 433 -3320 or chad.turlington @ncdenr.gov if you have any questions or
concerns.
tP,
Enclosures: GC 3890 '
Certificate of Completion
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
cc: Walter Cole — S &ME, Inc. (via- email)
Liz Haire - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
Karen Higgins - DWR Webscape Unit

Water Quality Certification ,No. 3890
Water Quality Certification Number 3890 is issued in conformity with the requirements of'Section
401, Public Laws 92 -500 and 95 -217 of the United in, subject to the North Carolina
Division of Water Quality (DWQ) Regulations -in 15A NCAC 02H..0500 and 15A NCAC 0213.0200
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, 44, and'46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter. set forth.
Activities,meeting any one (1 ) of the following thresholds or circumstances require Written
approval for a 401 Water Quality Certification=from the .Division of Water Quality (the
"Division "): -
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries, equal to or greater than 150 linear feet
of stream, including temporary, and /or permanent impacts;. or
C. Any stream relocation; or
d., Any impact associated with a high density project (as defined in Item (A)(iv) of the 409
Stormwater .Requirements) that is,notsubject to either a state stormwaterprogram (such
as, but not Iimited,to;,Coastal Counties, HQW, ORW.or state - implemented Phase II
NRD , ,Es )' or a certified community's stormwater ro ram; or
_
e. Temporary" ,or permanent impacts equal to or greater than one -tenth (1710) __ cre of wetlands -
o'r open wafers; or
f. Any impacts to wetlands adjacent to waters designated as: ORW,- SA, WS -I, WSdI, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River; or
g. Any impacts to coastal wetlands [15A NCAC' 07H .0205)], or Unique. Wetlands (UW,L) [15A
NCAC 02H .05061; or
h. 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 orWetland Standards; or Riparian Buffer`Rules (15A NCAC
02B :0200); or.
_ - L_ Any_�impaetsJo streams_and /or buffers irrthe Neuse, Tar - Pamlico, or Catawba River Basins
or.in the Randleman, Jordan, or Goose Creek Watersheds(or any other U6sin-or watershed
with Riparian Area 'Protection, Rules [Buffer Rules] in effect at the, time oflapplication)
unless the activities are listed as "EXEMPT' from these rules.or;a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM),delegation for
"ALLOWABLE" activities.-
In accordance with North Carolina General Statute 143- 215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
'CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890 1 -

Water Quality Certification No. 3890
Activities included in this General Certification that do not meet one ofthe thresholds
listed above do not require WPitten approval from the Division as long as they comply with
the Conditions of Certification listed below. If any ofthese Conditions cannot be met, then
written approval from'th'e 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 shali 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 Hest 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 `sedimentcontrol 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 ma intained_on all construction sites, borrow_sites;_and waste.pile (-spoil) proaects;
including contractor' =owned or leased borrow pits associated with the 'project.
_... - -. -____- - b....- ...For.borrow pit_ sites,.. the. erosion Kgrid.sediment,contr „o_,I measures must tie designed,
installed, operated, and maintained'in; accordance with ttie, most recent version of the
North Carolina- Surface - Mining Manual.
c. Reclarnationmeasures -and- implementation must comply with the'reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of i'97' 1,
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- , --H,igh - Quality (HQW); or- Outstanding- Resource (ORW)- waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 049.0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No.. 3890

Water Quality Certification'N.b. 3890
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 coptrol'devioes 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 wetland%,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, NC601'0000
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 compliar ce with ;permit conditions including the erosion &
sedimentation control plan,.inspections and, maintenanc if, onito'ring, record keeping
and reporting requirements is required; A copy oftliegeneral permit (NGG010000),
inspection log sheets-, and other information may be found at
hitp / /oortal ncdenr org /web /in a /ws /su /npdessw# tab -w .
The- North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with ,the conditions, related_to construction activities within the"most, recent version
of'their,individual;NPDES (NCS000250) stormwater permit.
5. Construction Moratorium s. 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 a9encies and coordinated with these activities.
Commission, ,on -,c ns Fish and Wildlife stahli ho(d F the.NC„W(Idlife; Resources __-__ -- -
AU, moratoriums. on�construction ..aetivities.estab;lished by„ , , ._
WS), NCOVision of.Marine Fisheries
(DMF),'or National Marine'Fisheries Service (NMFS) to-lesse n,impacts on trout,. anadromous
fish, larval /post = larval fishes and crustace "ans, or other aquatic specles.of concern shall be
implemented. Exceptions to�.this condition require written approval,:by the resource agency
responsible for the,given moratorium."
Work.with n the tweniy4ve'(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 r
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, t
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. 3890 3

Water Quality Certification -No. 3890
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 �Nateeshed with buffer`rules) shall be limited
to "uses" identified within and constructed in accordance with ,15A-NCAC 02B .0233, .0259,
.0243; .0250, .0267 and ;0605, and shall'be located, designed, constructed, and maintained
to have minimal disturbance -to protect water quality to the maximum extent practicable
through the use of best,management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
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 directlyinto 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 v"e"rsion 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, irnpacts-equal to or exceeding 150 linear feet per stream shall require mitigation. .
Buffer mitigation maybe required for any project with, - Buffer"Roles in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of -Uses.
__.. -- -- - - -- -_ - -- - y g ts.shall:.be m-sde_for any_. - - - --
- A determinationnof_buffer., wetland,.and�_stream:mitigation requiremen
General Water Quality Certification for�this Nationwide and /or Re ional 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. 300 4

Water (duality Certification' No. 3890
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
30400t,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 (orits subsequent - updates), the restored length may be used
as compensatory- mitigation for the impacts resulting from the'relocatiori.
12. Stormwater Management Plan Requirements
All applications shall address stormwater 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
Culvertsl required for this project shall be designed and installed in such a mannerrthat the
original stream profiles'ate 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, each culvert.
Placement of culverts and otherstructures in4aters'and streams must be below the
elevation of the streambed by one,`foot for all culveits with-'a diameter greater than 48 inches,
- q _ . than or equal to 48
passage .. _ its having a diameter less t .__ . .
and,.20�percentrof'the cu -I�ert diameter_for culverts
inches, to allow low flow of water and a uatic life.
When topographic constraints indicate cutvert;slopes of. greater than 5 %, culvert burial is not
required,, provided thaioll 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 6,0 days,prior 'to the installation-of =the culvert.
When bedrock is present in clvert locations,, culvert burial is not required provided thatthere
is sufficient documentation-of I -the, presence of bedrock. Notification, to the Division including
geotechnc al reports, photographs, to the Divisiof the culvert,_.
supportin documentation such.as,_but.not limits p,
p g hs, etcshall be provided, ' ' n 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.otherrsite- specific topographic constraints preclude'the ability to bury the, culverts as
described'abpye,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. 3890 5

Water Quality Certification No. 3890
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 Surfacd 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 re 'suit in de= stabilization of the stream bed or banks
upstream or downstream of the7area.
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
m except ,in_specific_areas_required for .velocity control, and to' erisure 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 thatahe 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 th6 time of recording, of the property or of individual lots, whichever is appropriate. A
sample deed notification can_be downloaded from the 401Metlands Unit web site at
- httO:l/portaEndderir.brg/ web /wa /swp /ws /401 /c6rtsandpermits /apply /forms. The.- textof the
sample deed notification may-66 modified as appropriate to suit-to a specific project.
Documentation of deed notifications shall be provided tor the Division upon request.
Water Quality Certification No. 3890 6

Water Quality Certification . No. 3890
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 lmpact,(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
appficant_sha(I 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,onsure 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 of downstream waters are precluded.
7
Water Quality Certification No. 3890

Water Quality Certification No. 3890
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.
i
x
History Note: Water Quality Certification (WQC) Number 3890 issued. March 19, 2012. replaces
WQC Number 3821 issued April 6, 2010; WQC Number,3631 issued -March 19, 2007; WQC 3402
issued March, 2003; -WQC Number 3362, issued March, 18, 2002; WQC 3287, issued June 1,
2000; WQCs 3106 and_3108 issued- February- -11, 1997. This : Water Quality Certification is 4
rescinded when the Corps of Engineers reauthorizes any of the, corresponding Nationwide or -
Regional General: Permits andlor when, deemed appropriate by the Director of the Division of
Water Quality.
i
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
I" � � =-
Charles Wakild, P. E.
Director
t
i
1
Water Quality Certification No. 3890 8

Water Quality Certification No. 3890
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 theten -year storm.
-ii. Vegetated Setbacks. A 30 400t wide vegetated- setback-must be maintained adjacent to
streams, .rivers and tidal waters]n 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- 66 ,high, waterline of tidal
waters, perpendicular to shoreline. Vegetated' setback and filters required by,state rules
or local governments maybe 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 mustbe planted with and maintained
in grass orother vegetative or plant material:3
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.4
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-
CoastalCounties, HQV1l; ORIN or °state= iriiplenePhase II NPDES; ora "Certified �� _ n
Community's, stormwater management program,, must,- be.constructed and maintained in
complianc with the approved stormwater management plan.5
e
V. Stormwater De "sign 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 ali'of the following requirements:
i
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 belricluded; 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 0/o,the higher
density area must be located in an upland area�and away from surface waters
and Atainageways to the maximum extent practicable.6
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 DWQ Stormwater Best Management Practices, Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3890

Water Quality Certification No. 3890
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 shatl 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
storiwater 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
I 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
stand6rds.t0
4: DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development A Guidebook for North- Carolina. 11
5. Proposed new development undertaken by.a local government solely as a public -
road= projecte 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,requirean Isolated Wetlands Permit, Any -,required' documentation shall
be sent to the Wetlands, Buffers and Storrriwater.Coinpliance and Permitting Unit at
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, HQW,
ORW 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
A. 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 =(i) o� {ii). If,tfte project is, not subject-t6 another
- - - -- -- ---- - - - - --
DWQ Stormwater Program o -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. 3890 10

Water Quality Certification Flo. 3890
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. 13
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 'musf be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must be bonstructed and operational
- before, any permanent building or other - structure associated with that phase is
occupied. 4
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 to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Iterh (iii) above for any BMPs, that have been modified for DWQ's review and
approval. 15
1 The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and'
(c)(5).
2 -Non erosive, discharge rates are required in SL 2008- 211 §2(b)(1). The 10 -year design storm
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).
a Constructionnand maintenancerof .thestormwater,plan,is necessary1tp_satisf -15A NCAC.02H.,__
5 Conveys application procedure to "streamline the, permitting process and'reduce any unnecessary
duplication in, the review of stormwater management plans.
6 .Low 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), 45A NCAC 02H .1006(2)(b) and,,. 1,00,1(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a)'and .0277(4)(e).
s .85% TSS removal is required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC- 02H
10.0(2)(c), 15A NCAC 02H .1007(1)(-6). The 30% TN and TP'removal requirements for NSW
waters are set forth in 15A NCAC.0213 .0232, 15A NCAC 02B .0257(a)(1), 15A NCAC 02B
.,0265(3),(a) and 15A NCAC; 02B .0277(4).
s Th6­Sformwaier`BMP Manual'is also referenced in 15A NCAC- 0213 .0265(3)(a) -and :0277(4 -)(e).
10 The requirement for DWQ to ensure that water,quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
11 The LID Toolbox is also referenced "in 15A NGAG 02B .0277(4)(g),
12 The term "public road project" is defined in,15A NCAC 0213 .0,265(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. 3890 11
E
F

AV4
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
DWR Project No.:
Applicant:
Project Name:
John E. Skvarla, III
Secretary
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office —
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699 -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 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
1, - hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer-Rules, the approved plans-and-specifications, and other supporting materials.- _
Signature: Registration No.
Date
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 -5095
Main Phone: [phone] Internet: http: / /www.ncdenr.gov
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