Loading...
HomeMy WebLinkAbout20150047 Ver 1_Approval Letter_20150115North Carolina Department of Environment and Natural Resources Pat McCrory . Governor January 23, 2015 Thomas Paige Gibson and Susan E. Gibson Post Office Box 1882 Marion, North Carolina 28752 Donald R. van der Vaart Secretary DWR # 15 -0047 Rutherford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Gibson Property Dam Repair, Seawall Installation, and Dredging Lake Lure, NC — Rutherford County Dear Mr. and Mrs. Gibson: In accordance with your application dated January 14, 2015 and all additional information submitted, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898, 3883, and the conditions listed below. This certification is associated with the use of Nationwide Permit 3 and General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED 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. Amount Approved Type of Impact Are of Impact Seawall Construction 0.007 (acres) Seawall Construction (extension) 0.002 (acres) Fill (between existing and new west wall) 0.007 (acres) Dredging (above existing dam) 0.05 (acres) Total Impact 1 0.66 (acres) 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Phone: 919 - 707 -86001 Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper ADDITIONAL CONDITIONS 1. 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/Authorization. , 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. 2. SeaWall with Riprap Installation Riprap shall be placed as a linear protective measure along the base of the newly constructed seawall. Stone used in stabilization shall be at least Class B riprap in size to provide additional wildlife habitat. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 25 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. As stated in your application, New seawall should be faced with loose rock up to full pool elevation to provide for' rough surface with cracks and crevices for aquatic habitat. 3. No Impacts Beyond those in Application 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. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Lake Lure is classified as B; Trout waters. This approval and its conditions are final and binding unless contested. This Certification can 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) within sixty (60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. 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 5: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 via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): 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 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Ed Williams at (828) 296 -4686 or ed.williamskncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898, 3883 Certificate of Completion EEP Guidelines for Riparian Buffer Restoration cc: DWR ARO 401 files Rebekah Newton, Clearwater Environmental Clint Calhoun, Town of Lake Lure William Elliot USACE Asheville Regulatory Field Office Andrea Leslie, NC Wildlife Resources Commission Laura Herbert, DEMLR G: \WR \WQ \Rutherford \401s\Non- DOT\Gibson Dam\APRVL401 Gibson.01232015.doc A47LA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary DWR Project No.: County: Applicant: Project Name: 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 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 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 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: Agent's Certification Date: 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: 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: Date 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919-807 -63001 FAX: 919 -807 -6494 Internet: http: ,I/poral.ncdenr.orq /web /wq /ws An Equal Opportunity 1 Affirmative Action Employer Registration No. Water Quality'Certification No. 3898 Water Quality Certification Number 3898 is issued;n 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 Regulations in 15A NCAC 02K,05.00 and 15A NCAC 0213.026.0 far the discharge of fill material to waters and wetland areas as described in the Wilmington District's Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 0213.0200. The State of North Carolina certifies that the specified category oflactivity 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 401 Water Quality Certification from the Division of Water Quality (the. "Division ") a,) Activities that result in fill, dredging or excavation'of waters or Wetlands below the normal' high water level; or b)' 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)1 DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or e) Any impacts to streams and/or buffers in the., Neuse, Tar - Pamlico, or Catawba River Basins or in, the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at time of application) unless the activities are: listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through KO- Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. Water Quality` General Certification must include the appropriate fee, If a project also requires a CAMA;Permit; then one payment to both agencies shall be submitted and will be.the higher of the two fees: Activities included: in this General Certification that do -not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required'. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste,- spoil, solids, or fill of any kind shall occur in Wetlands, waters, or riparianare.as 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 with written authorization, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur, Approved plans and Water Quality Certification No, 3808 1 Water Quality Certification No. 3898 specifications for'this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control) Practices Erosion and sediment control practices must be in full compliance with all specifications> governing the proper design, installation and operation and maintenance of such Best' Management Practices and if applicable,<complywlth 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 Cont rol'Manual. The devices . shall; be maintained >on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or teased 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; 'Suff icient materials required for stabilization and /or repair of erosion control measures and stormwater routing and treatment shall be on site" at all'times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS -I, WS -11, High Quality (HQW), or Outstanding Resource (TRW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A_ NCAC 0413,0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control. Measures in Wetlands or Waters Sediment and erosion control measures shall not be plac( Exceptions to this condition require application submittal t Division. If placement of sediment and erosion control de unavoidable, thenAesign and placement of temporary erc conducted iin a manner that may result in dis- equilibrium c adjacent to or upstream and downstream of the above str control devices shall be removed and the natural grade re date that the Division of Land Resources 1DL.R) or locally the specific area within the project. 4. Construction Stormwater Permit NCGO10000'. d in wetlands or waters. and';written approval by the ficesin Wetlands and waters is sion control measures shall not be. f wetlands; stream :beds, or banks, ictums. All sediment and erosion stored within two (2) . months of the ielegated program has released An'NPDES Construction .Stormwater.Permit is required'for construction projects that disturb one '(1) or snore acres of land. This Permit allows stormwater to be discharged during land' disturbing construction activities as stipulated in the co.n.ditions of the permit. If your project is covered by this permif, full compliance with permit conditions including the erosion .& sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010.000) inspection log sheets, and other information may be found at hi(osr)ortat ncdenr oro /web/wa /ws /su /npdessw#tab -W ; Water Quality Certification No. 3898 ' 2 Water Quality Certification No. 3898 The North Carolina Department of Transportation (NCDOT) shall be' required ;to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological! activity, (Le. sea turtle nesting, fish spawning; or bird nesting), then biological monitoring may be required at the request =of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries {DMF), or National. Marine Fisheries Service (NMFS) to lessen !irrnpacts on trout, anadromous fish, larval /past - larval fishes and crustaceans, or other aquaticspecies of concern shall be implemented. Exceptions`to this condition require written approval by the resource agency responsible for the given moratorium;; Work within the twenty -five (25) designated trout counties or identified state or federal' endangered or threatened species habitat shall be coordinated with the appropriate WRC; USFWS, NMFS, and /or DMF personnel;, 6. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream' does not come in contact with the disturbed area. Approved' best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT' Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written' approval by the Division; 7. Riparian Area Protection (Buffer)'Rules Activities located in the protected' riparian areas, (whether jurisdictional wetlands or not), within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman; Jordan or' Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses° identified within and constructed in accordance with 15A NCAC 02B .0233_0259. .0243. 1 .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. Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection of aquatic habitat. Construction over wetlands shall be elevated at least three (3) feet above any wetlands, and floating structures shall not rest periodically on the bottom. 10. Piers and boat. houses shall be constructed to provide for storage and removal of sewage rather than allowing raw waste or other sewage to be disposed` directly into surface waters. 11. Deed notifications or similar mechanisms shall be placed on ail retained jurisdictional wetlands; waters, and protective buffers within the project boundaries in order to assure Water Quality Certification No. 3898 3 Water Quality Certification No. 8898 compliance The future wetland, water, and b place at the time' of recording of the gropert in opropriate. A http / /portal ncdehr orq/ web /wq /swp /ws /401 /certsandpermits /apply /forms. The text of the sample deed notification may be modified as appropriate to suit to a.soecific project; Documentation of deed not shall be provided to the Division upon request. 12. 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 8.Finding of No Significant Impact (FONSi) or Record of .Decision (ROD) is issued by the State Clearinghouse, 13. In the twenty (20)'coasta[counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations.will be required. 14, This General Certification does:not relieve the applicant of the responsibility to obtain all other required Federal; State, or Local approvals. 15. The applicant/permittee and their authorized consistent with State water quality standard compliance with §303(d), of the Clean Water State and'.Federal Law. If the Division deter met, including failure to sustain a designate d being violated, or that further conditions are Division may reevaluate and modify this Ge agents shall conduct all activities in a manner s (including.any requirements resulting from Act), and any other appropriate requirements of mines that such standards or laws are not being or achieved use, or that State or Federal law is necessary'to assure compliance; then the neral Water Quality Certification. - 16. When written authorization is required for use of this certification, upon completion of all permitted impacts: included within the approval and any.subsequent modifications, the applicant- shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh,, NC, 27699- 1650. - 11. Additional site- specific conditions, including monitoring- and /or modeling requirements, may be added to the written approval!letterfnr projects proposed under this W . ate r Quality Certification i'h order to ensure`compliance`with all "applicable water quality °and effluent standards: 18. This certification grants permission to the director; an authorized representative of the Director, or DENR staff, upon the presentation of`proper credentials, to enter the property . during normal business hours: This General Certification shall expire on the same day as the expiration date of the corresponding; Nationwide and /or Regional General Permit.. The conditions in effect:on the date of issuance of` Certification for a specific project shall remain in effect for the life of.the project, regardless of the expiration date of this Certification; Non - compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification-for the project and may also result in criminal and /or civil penalties; The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this: category of activity if it is determined' that the project is likely to have a significant!adverse effect upon water quality, including state or federally listed endangered or threatened. aquatic species, or degrade the waters so that; existing uses of the wetland or downstream waters are precluded. Water Quality Certification No. 3898 4. Water Quality Certification 'No.. 3898 Public hearings may be held for specific app , lications or group of applications prior to a Certification decision if deemed in t I he public's best interest. by the Director of the Norft Carolina Division Of Water Quality. Charles Wakild, P.E. Director History Note,, Water Quality Certification Number 3898 issued March 19, 2012 replaces WQC .Number 3693 issued November 1, 20 1 07; WQC Number 3639 issued March 19, 2007; WQC Number 3492 issued December 31, 2004; and WQC.Number.3373 issued March 18, 2002, This General Certification is rescinded when the Corps of. Engineers reauthorizes any of the corresponding . Nationwide and /or Regional General, Permits or when deemed appropriate by the Director of the Division of Wat& Quality. Water Quality Certification No. 3898 5 Water Quality Certification No. 38$3 Water Quality'Certification Number 3883 is issued in conformity with the requirements of Section 401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 02H .0500 and 15 NCAC 026.0200 for the discharge of fill material to waters and wetland areas which are Waters'of the United States as described in 33 CFR 330 Appendix A (B) (3,. 4, 5,'6, 7, 19, 20, 22, 25, 30, 32, and 36) and Regional Permits 197800056 and 19780125 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, 302,3 03, 306 and 307 of the Public Laws 92 -500 and 95 -217 :if conducted in accordance With the conditions hereinafterset forth; Activities meeting anyone (1): of the following thresholds or circumstances require written approval fora 401 Water Quality Certification from the Division of Water Quality (the "Division"): a. Impacts equal to or greater, than 40 linear feet of additional permanent stream impact` (including stream relocations) at an existing stream impact location., or, b; Temporary or permanent impacts equal to or greater than one -tenth (1 /10.) of an acre of wetlands; or c. Any impact associated with a for v 1300),'DWQ Surface.Water or Wetland Standards;. or Riparian Buffer Rules (15A NCA( 028-0200); or d. Any impacts to streams and /or buffers in the Neuse; Tar - Pamlico,; or Catawba River Basins or inthe Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules Buffer Rules] in effect at the time. of application) unless the activities are listed as "EXEMPT" from these rules: or a Buffer Authorization Certificate is issued through N.C. Division of Coastai Management:(DCM). delegation for "ALLOWABLE activities;. in accordance With North Carolina General Statute 143- 215.3D(e),- Written >approval for a,401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Water Quality Certification No. 3883 Water Quality Certification No. 3$83'. 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 beyond the footprint of the impacts depic authorized in the written approval 'from tl use of this Certification without written at construction activities, including the desi sediment and,erosion control Best Mana violations of state water quality standard specifications for this project are incorpo permit. all occur in wetlands, waters, or riparian areas. 1 in the Pre - Construction Notification,; as Division or beyond the thresholds established for orization, including incidental impacts. All installation,, operation, and` maintenance of Mont. Practices shall be performed so that no statutes, or rules occur. Approved plans and 11 ed by reference and are enforceable parts;of this 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications . governing: the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. Design; installation, operation, and ,maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of, the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrowsites, 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 m accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d Sufficient materials required for stabilization and /orrepair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs inwaters >or watersheds classified as Primary Nursery Areas 10NAS), SA, W8-1, WS -11, High Quality (HOW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs; must comply with the requirements set forth in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds. 3. No Sediment and ,Erosion'Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. if placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control me. asures shall not b'e: conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks; adjacent to: or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources;(OLR) or locally delegated program has released the specific area within the project; Water Quality Certification No. 3883 2 An NPDES Construction 'Stormwater Permit is required for construction projects that disturb one (1) or more acres of'land. This Permit allows stormwaterto be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered' by this permit, full compliance with permit conditions including the;erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and reporting requirements is required. A copy of: the general permit (NCC010000) inspection log sheets, and other information maybe found at http://pooal.ncdenr.o[g/web/wo/ws/su/npdessw4t6b-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. Work in the Dry All work in or adjacent to stream waters shall be. conducted so-that the flowing stream does not come in contact with the disturbed area. Approved; best management practices from the most current version of the NO Sediment and Erosion Control Manual, or the -NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing Water. Exceptions to this condition require application ,submittal to and written approval by the Division. 6. Construction Moratoriums and Coordination 5'. If activities must occur during periods of high biological activity (i.e. sea turtle nesting; fish spawning; or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities. Resources or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromc val /post - larval fishes and crustaceans, o.r other.aquatic species of concern shall be ented. Exceptions to this condition require written approval by the resource agency Bible for the given moratorium. Work within the twenty -five (25) designated trout counties or'identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC USFWS, NMFS, and /or DMF personnel'. 7. Riparian Area Protection Rules (Buffer Rules) Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 1'5A NCAC 02B .0233;..0259, .0243, .0250, .0267 add .0605, and shall' be.located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule, requirements, including diffuse flow requirements,, must be met, Water Quality Certification No'. 3883 3 Water Quality Certification No. 3883 81 Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for"this project shall be designed and installedi in such a manner that the original stream profiles are not altered and allow "for aquatic life movement during low flows. Existing, stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be, maintained above and below locations of each culvert." Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48' inches, to allow low flow passage,of water and aquatic, life.. When topographio constraints indicate culvert slopes of greater than 5 %, culvert burial; is not required, provided that all alternative options for flattening the "slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, Gros vanes, etc). Notifica #ion to fhe Division, including supporting documentation to include a location map of the culvert, culvert profile: drawings, and lope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is suff icient documentation of the ,!presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is_discovered during construction,, then the Division shall be notified by phone or email within 24: hours of discovery.. If other site - specific topographic constraints preclude the ability to bury the culverts as described above and /or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal . to, and written approval by the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project, Installation of culverts in wetlands must ensure continuity of water movement and be designed-to - adequatehy accommodate_high water or flogd_conditions itionally, 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 riiprap or;other bank hardening methods. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact be 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. 10. Applca "tions for riprap groins proposed in accordance with 15A'NCAC:07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Water Quality Certification No. 3883 ` 4 Water Quality Certification No. 3883 11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre- treated through site - appropriate means (grassed wales, pre- formed scour holes, vegetated buffers; etc.) before entering the stream: Please refer to the most current version of Stormwater Best Management Practices. Exceptions to this condition require written approval by the Division, 12. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)' and /or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding, 150 linear feet per stream shall require mitigation., Buffer mitigation may, be required for any project with Buffer Rules in effect at the time of application for activities classified as °Allowable with Mitigation" or "Prohibited" within the Table of Uses.. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and /or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation 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. 13. 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 naturalwoody vegetation (except for the approved mainterance areas) and restored to prevent erosion: . 14. All temporary /culverts/ ri rap pads etc, shall be installed in all streams as outlined in p ryp the most recent edition of the North Carolina Sediment and Erosion Control. Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or causedis- equilibrium during use of this General Certification:. 15. 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 strearnbank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de- stabilization of.the stream bed or banks upstream or downstream: of the area. 16. Any rip-rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of;debris or toxic pollutants,. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 17. 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'. Water Quality Certification No, 3883 5 Water Quality Certification No. 8883 18. 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. 19. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. 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(0) 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,. 22. When written authorization is required for use of this certification, upon completion of all permitted impacts included withinthe approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval, One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail' Service Center, Raleigh, NC, 27699- 1650`. 23. Additional site- specific conditions, including monitoring and/or modeling requirements; may be added .to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with>all applicable water quality and effluent standards. 24. This certification grants permission to the:director, an authorized representative of the Director, or DEN R' staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the. 'same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, . regardless of the expiration date of this Certification. Non- compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and /or civil. penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification' for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or'threatened aquatic species, or degrade the waters So that:existing uses of the wetland or downstream waters are precluded. Water Quality Certification No; 3883 Water Quality Certification No. 3883 Public hearings may' be held for specific applications or gropp of applications prior to a Certification decision if doomed in the, public's best, interest: by the Director of the.North Carolina Division of Water Qu,a!ity. Effective date: March 19, 2012 DIVISION OF WATER QUALITY gy Charles Wakild, P. E. Director History Note., Water Quality Certification (WQC) Number 3883 issued Match 19, 2012 replaces WQC Number 3687 issued N ovember I, 2007; WQC Number 3624 issue . d March 19, 2007; WQC Number 3494 issued December 31, 2004; and WQC Number 3 376 issued March 18, 2002. This General .0 I ortification is rescinded I when the Corps of I Engineers reauthorizes any of the corresponding Nationwide andlbr.Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 380 7 a Gui�ekne5 fO rRipa ria n -flon Buffer Re5tora i N.C, Department of Environment and Natural Resources Ecosystem Enbancement Program October 2004 1 Purpose ofthese Guidelines Riparian buffers have been identified as a valuable tool for protection of water quality when properly designed and established in the appropriate landscape setting. For this reason, the goal of the Ecosystem Enhancement Program (EEP) is to implement projects to restore riparian buffers that have the greatest value for reducing pollutants in our surface waters as well as provide important aquatic and wildlife habitat. The purpose of these guidelines is to provide the technical information necessary for the successful planning and establishment of riparian buffers. The guidelines are intended for use by private consultants in developing restoration plans for the EEP but should also have utility for private landowners as well as local governments involved in the restoration of riparian buffers. Criteria for Priority Riparian Buffer Restoration Projects A number of factors determine the success of particular riparian buffer restoration projects. In addition to the physical characteristics of the site, issues such as land costs, land ownership, and logistical constraints must be taken into consideration. The following physical characteristics are intended to provide general guidance when identifying sites and are not intended to exclude sites that may have merit based on other criteria. • Woody vegetation absent or sparse (less than 100 stems per acre that are > 5 inches diameter at breast height) measured within 50 feet of intermittent and perennial streams, lakes, ponds, and shorelines. • Adjacent to headwater streams or those streams defined as first, second, or third order. • Project length greater than 1,000 feet (for projects implemented by the EEP). • Ditches, gullies, or evidence of concentrated flow within 50 feet of intermittent and perennial streams, lakes, ponds, and estuaries. • Adjacent source of nitrogen including cropland, pasture, golf course, residential development, ball fields, etc. • Water table depth within three to four feet of surface as determined by characteristics of soil cores. Components ofa Riparian Buffer Restoration /Enhancement Plan Site Assessmen t The riparian area to be restored should be evaluated with respect to these factors that control the viability of riparian plants: • Soil moisture • Soil pH 2 • Soil texture • Seasonal high water table depth • Flooding potential • Aspect, topography, and microtopographic relief Site Prep,?h t&017 The restoration/enhancement plan should address these items regarding preparation of the site for planting: • Plow or rip site to improve compacted soil and /or eliminate areas where channelized flow has developed. • Control of sod - forming grasses such as fescue and Kentucky bluegrass that will compete with plantings for nutrients. • Control of invasive, exotic plants that would hinder the re- establishment of woody vegetation. Proposals for pesticide use should always be reviewed by the North Carolina Division of Water Quality staff to insure compliance with the Neuse and Tar - Pamlico Riparian Buffer Rules. Common Invasive Exotic Plants in North Carolina Ailanthus altissima (Tree -of- Heaven) Albizia julibrissin (Mimosa) Elaeagnus umbellate (Autumn Olive) Hedera helix (English Ivy) Lespedeza cuneata (Korean or Sericea Lespedeza) Ligustrum sinense (Chinese Privet) Lonisera japonica (Japanese Honeysuckle) Microstegium vimineum (Japanese Grass) Paulownia tomentosa (Princess Tree) Pueraria lobata (Kudzu) Rosa multiflora ( Multiflora Rose) Wisteria sinensis (Chinese Wisteria) • Stabilize areas of bare soil. Refer to the following list for species of grasses /sedge appropriate for soil stabilization. The majority of these species are by necessity not native to North Carolina. At present, there are only a few species of native grasses useful for erosion control that are commercially available. Please note that fescue grasses should not be, used for soil stabilization. Fescue grasses, particularly tall fescue, are competitive and will inhibit the eventual re- establishment of native species. 3 A9ro565,71N (Re4top) Found in fields, pastures, roadsides, and other disturbed places throughout North Carolina, this native warm season grass should be used sparingly for erosion control and soil stabilization. Comex strict.9 (Se4ge) This sedge occurs naturally in marshes and low meadows throughout the mountains and northern piedmont and coastal plain of North Carolina. This species has utility in a mix for soil stabilization in moist areas. D?cty115g1omem '3t4 (Orchard grass) This perennial, cool season bunchgrass is a good alternative to fescue because it is less competitive and allows native herbs to colonize the site. Homdeum spp. (Barley) A number of species of barley can be used for soil stabilization. Barley is a cool season, annual grass that when moisture is available will germinate in the fall, stay green during the winter, and then die in the spring as competition for warm season plants increases. Ppnicum %ndestinum (Deer Tongue) This native, perennial, warm season bunchgrass can be used in moist low woods primarily in the piedmont and mountains. Am cum spp. (Panic Grasses) A number of species of panic grasses can be used for soil stabilization depending on the moisture regime and soils of the site. P,Micum vimg -3tum (Switchgrass) This native, perennial, warm season bunchgrass can tolerate a wide range of moisture regimes. It can be used along streams, in wet or dry woods, brackish and freshwater marshes, sloughs, swales, and low pinelands primarily in the eastern piedmont and coastal plain. Pe1717i5etumg 1-3ucum (Brown Top or Pearl Millet) This fast - growing, robust, annual grass exhibits good drought tolerance which makes this species an important warm season option for soil stabilization. 4 Ph ,71,?ris ,7t-a17dindce4 (Reece Canarygrass) A native to North Carolina, this perennial cool season grass is used for the stabilization of pond shorelines, drainage ditches, and streambanks in the mountains and western piedmont. It is established by planting freshly cut stem slips or rhizome fragments. Please note that this species is aggressive and forms large monotypic stands that displace other species. It should only be used if no other species are available. Secv/e cete4 /e (Winter Rye or Rye Grain) Winter rye is a cold -hardy annual grass that will germinate and grow at low temperatures. By maturing early, it offers less competition during the late spring, a critical time in the establishment of perennial species. Winter rye germinates quickly and is tolerant of poor soils. So�gham b1c010J-(5 ucjan9ta5 s) Only the small- stemmed varieties of this annual warm season grass should be used. Sudangrass is useful for temporary seeding, and it is adapted to soils relatively high in clay content. Seed for common Sudangrass is not always available, but other small - stemmed types may be used, such as the hybrid Trudan. The coarse - stemmed Sorghum - Sudangrass hybrids are not appropriate for erosion control. Riparian Buffer Design Species Diversity and Composition The most effective riparian buffers have trees and shrubs to provide perennial root systems and long -term nutrient storage. The design of a riparian buffer can be modified to fit the landscape and the landowner's needs, for example, by replacing shrubs with more trees, substituting some of the trees with shrubs, or incorporating a grass zone. In any scenario, the width of the woody vegetation should be at least 30 feet directly adjacent to the streambank/shoreline. Choose 10 -12 species of native trees and /or shrubs appropriate for site based on site assessment and reference conditions. In addition, please note that this list is alphabetical and does not take into account the assemblages of plants found in nature. The inventory of plants found on the reference site can help determine an appropriate assemblage for the restoration site. In addition, the North Carolina Natural Heritage Program's Classification of the Natural Communities of North Carolina: Third Approximation is a valuable reference on natural assemblages of plants (Shafele, Michael P. and Alan S. Weakley, 1990). Typically, there should be at least three or four understory trees for every canopy tree to provide structural diversity similar to mature forests. Where shrub species are incorporated into the planting plan, they should be distributed more densely at outer edge of riparian buffer to reduce light penetration and recolonization by invasive exotic species. The following table provides a list of native tree and shrub species appropriate for use in riparian buffers. Native Regions M= Mountains P= Piedmont C= Coastal Plain Master List of Native Plants Light Requirements S= Shade P= Partial Sun F= Full Sun Moisture Requirements L= Low Moisture M= Moderate Moisture H= High Moisture A= Aquatic Medlum to Large Trees persimmon XXXXX X X X Acer barbatum Southern sugar maple X X X X X X Acer saccharinum silver maple X X X X X X X Acer saccharum sugar maple X X X X X X X X Betula alleghaniensis yellow birch X X X X X X X Betula lenta cherry birch, sweet birch X X X X X X Betula nigra river birch X X X X X X X X Carya aquatica water hickory X X X . X X X X Carya cordiformis bitternut hickory X X X X X X X X Carya glabra pignut hickory X X X X X X X X X X Carya ovata shagbark hickory X X X X X X X X Carya tomentosa mockernut hickory X X X X X X X X Ceitis laevigata sugarberry, hackberry X X X X X X X kx Chamaecyparis thyoides Atlantic white cedar X X X X X X Diospyros virginiana persimmon XXXXX X X X Fagus grandifolia American beech X X X X X X Fraxinus americana white ash X X X X X X Fraxinus pennsylvanica green ash X X X X X X X Fraxinus profunda pumpkin ash, red ash X X X X Juglans nigra black walnut X X X X I X X Liriodendron tulipifera tulip poplar, yellow poplar X X X X X X X Magnolia acuminata cucumber magnolia X X 1XIX X Magnolia fraseri Fraser magnolia X X X Nyssa aquatica water tupelo X X X X X X Nyssa sylvatica black gum X XXXX X X X Nyssa sylvatica var. bif/ora swamp black gum X X X X X Oxydendrum arboreum sourwood X X X X X X X Picea rubens red spruce X X X X X Pinus echinata shortleaf pine X X X IX X X �Pinus rigida (pitch pine 1XI X X 0 Prnus serotina pond pine I X I I 1XI X X Pinus strobus white pine X X X X X Platanus occidentalis sycamore X X X X X X X Populus deltoides eastern cottonwood X X X X Populus heterophylla swamp cottonwood X X X X Prunus serotina black cherry X X X X X X X X Quercus alba white oak X X X X X X X Quercus bicolor swamp white oak X I X X X Quercus coccinea scarlet oak X X X X X Quercus falcata Southern red oak X XXXX j X X Quercus pagoda cherrybark oak XXX I X X X Quercus laurifolia laurel oak X X X X X X Quercus lyrata overcup oak X X X X X Quercus margaretta sand post oak X X X X Quercus marilandica blackjack oak X X X X X X Quercus michauxii swamp chestnut oak X X X X X X X Quercus nigra water oak XXXX X X X Quercus phellos willow oak XXXX X X X Quercus prinus chestnut oak X X X X X Quercus rubra Northern red oak X X I X X X X Quercus shumardii shumard oak X X X X X X Quercus stellata post oak X X X X X X Quercus velutina black oak X X X X X X Quercus virginiana live oak X X X X Robinia pseudoacacia black locust X X X X X X Taxodium ascendens pond- cypress X X X X Taxodium distichum bald- cypress X X X X Tilia americana var. heterophylla basswood X X X X X Tsuga canadensis Eastern hemlock X X X X X X Tsuga caroliniana Carolina hemlock X X X X X Ulmus alata winged elm X X X X X X X Ulmus americans American elm X X X X X X Small Trees Amelanchier arborea downy serviceberry, shadbush X X X X X X Amelanchier canadensis Canada serviceberry X X I X X Amelanchier laevis smooth serviceberry X X X X X Asimina triloba pawpaw XXX X X X Carpinus caroliniana ironwood, American hornbeam XXX X X X X Cercis canadensis eastern redbud XXX X X X Chionanthus virginicus white fringetree, old man's beard X X X X X X Corpus alternifolia alternate -leaf dogwood X X X X Corpus florida flowering dogwood X X X X X X X Crateagus crus -galli cockspur hawthorn X X X I X X X X Crateagus flabellata fanleaf hawthorn X X X X Crateagus flava October haw X X X X X X Cyrilla racemiflora titi X X X X X Fraxinus caroliniana water ash X X X X Gordonia lasianthus loblolly bay X X X X X X 7 M P CIS I P F L M H A Halesia tetraptera (H. carolina) common silverbell X X 1XIX X Ilex opaca American holly X XXXX X X X Juniperus virginiana Eastern red cedar X X X1 Ix X X X Magnolia tripetala umbrella tree X X I X I X Magnolia virginiana sweetbay magnolia XXXX X X X Morus rubra red. mulberry X XXXX X Osmanthus americana wild olive, devilwood XXX X Ostrya virginiana Eastern hop- hornbeam X X Ixjx X Persea borbonia red bay XXX X X X Persea palustris swamp bay XXX X X XI I Pinus pungens table mountain pine X X X Prunus americana American wild plum X X X X Prunus caroliniana Carolina laurel -cherry X Ix 'x X X Quercus incana bluejack oak X X X X Quercus laevis turkey oak X I I X X X Rhus glabra smooth sumac X X I I X X X Rhus hirta (Rhus typhina) staghorn sumac X I I X X Salix caroliniana swamp willow X X X I X X X X Salix nigra black willow X X X I X X X X Sassafras albidum sassafras X X X I X X X X Staphylea trifolia bladdernut X I X X X Symplocos tinctoria horse - sugar, sweetleaf X XXX X X X Ulmus rubra slippery elm X X I X X X Shrubs' Aesculus sylvatica painted buckeye X X X X X Alnus serrulata* common alder X X X X X X X X Aronia arbutifolia red chokeberry X X X X X X X Baccharis halimifolia silverling X X X X X X Callicarpa americana American beautyberry X X X X X X Calycanthus floridus sweet -shrub X X X X X Castanea pumila Allegheny chinkapin X X X X X X X Ceanothus americanus New Jersey tea X X X X X X Cephalanthus occidentalis buttonbush X X X X X X Clethra acuminata mountain sweet pepperbush X X X Ix Clethra alnifolia sweet pepperbush X X X X X Comptonia peregrina sweet fern X X X X Corpus amomum silky dogwood X. X..x X X X X Cornus stricta swamp dogwood X X X X Corylus americana American hazel, hazelnut X X X X X Euonymus americanus hearts -a- bustin', strawberry bush X X X X X X X Fothergilla gardenii witch -alder X X X X Gay /ussacia frondosa dangleberry X X X X 1X IX Hamamelis virginiana witch hazel X X X X X X X Hydrangea arborescens wild hydrangea X X X X X Ilex coriacea gallberry X X X X X Ilex decidua deciduous holly, possumhaw X X X X X Ilex glabra inkberry X X X X X X Ilex verticillata winterberry XXXX X X X X * These fix nitrogen and should not be used for riparian restoration adjacent to Nutrient Sensitive Waters. No M P C S P F SEEN L M H A Ilex vomitoria yaupon holly XXX X X Itea virginica Virginia willow X X X X X Kalmia angustifolia var. caroliniana Iamb -kill, sheep -kill X X X X X Kalmia latifolia mountain laurel X X X X X 'X Leucothoe axillaris coastal dog - hobble X X X X Leucothoe fontanesiana dog- hobble X X X X Leucothoe racemosa fetterbush X X X X X X Lindera benzoin spicebush X X X X Lyonia ligustrina northern maleberry X X X X X X Lyonia lucida shining fetterbush X X X X Myrica cerifera* Southern wax - myrtle X X X X X X X X Myrica cerifera var. pumila" dwarf Southern wax - myrtle X X X X X Myrica heterophylla" bayberry, evergreen bayberry X X X X Pieris floribunda evergreen mountain fetterbush X X X X. Rhododendron atlanticum dwarf azalea X X X Rhododendron calendulaceum flame azalea X X X X Rhododendron catawbiense Catawba rhododendron X X X X X X X Rhododendron maximum rosebay rhododendron X X X X X X Rhododendron periclymenoides pinxter flower, wild azalea X X X X .X X Rhododendron viscosum swamp azalea X X X X X X Rhus copallina winged sumac X X X X X X X Rosa carolina pasture rose, Carolina rose X X X X X X X Rosa palustris swamp rose X X X X X X Rubus allegheniensis Alleghany blackberry X X X X Rubus cuneifolius blackberry X X X X X X Rubus odoratus purple flowering raspberry . X X X Salix humilis prairie willow X X X X Salix sericea silky willow X X X X X X Sambucus canadensis common elderberry X X X X X X Spiraea alba narrow - leaved meadowsweet X X X Spiraea latifolia broad - leaved meadowsweet X X X Spiraea tomentosa meadowsweet X X X X X X Stewartia malacodendron silky camellia X X X X Stewartia ovate mountain camellia X X X X X Styrax grandifolia bigleaf snowbell X X X X X Vaccinium arboreum sparkleberry X X X X X X Vaccinium corymbosum highbush blueberry X X X X X X X X X Vaccinium cressifolium creeping blueberry X X X Vaccinium elliottii mayberry X X X Vaccinium stamineum deerberry, gooseberry X X X X X X Vaccinium pallidum lowbush blueberry X X X X X Viburnum acerifolium maple -leaf viburnum X X X X X X Viburnum dentatum Southern arrowwood viburnum X X X X X X X Viburnum nudum possumhaw viburnum X X X X X X Viburnum prunifolium blackhaw viburnum X X X X X X Viburnum rafinesquianum downy arrowwood X X X X Viburnum rufidulum rusty blackhaw X X X X X Xanthorhiza simplicissima yellowroot XXXX X X * These fix nitrogen and should not be used for riparian restoration adjacent to Nutrient Sensitive Waters. Where grasses are incorporated into the planting plan on the outside of the buffer strip, only native grasses should be used. Native grasses produce a much more extensive and deep root system than commonly used non - native grasses such as fescue. Common Native Gasses Andropogon gerardii (Big Bluestem) Andropogon virginicus (Broomsedge) Arundinaria gigantea (Giant Cane) Eragrostis spectabilis (Purple Love Grass) Panicum anceps (Beaked Panicum) Panicum clandestinum (Deertongue) Panicum hemitomon (Maidencane) Panicum virgatum (Switchgrass) Schizachyrium scoparium (Little Bluestem) Sorghastrum nutans (Indiangrass) Tridens flavus (Purple -Top) Tripsacum dactyloides (Gama Grass) Planting Density Trees should be planted at a density sufficient to provide 320 trees per acre at maturity. To achieve this density, approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per acre should be planted initially. Shrubs should be planted at a density sufficient to provide 1,200 shrubs per acre. s� 10 Plant Size In many cases, the most cost effective and successful size plant material is bare root seedlings. Some species such as the hickories do poorly as bare root seedlings and will be much more successful as containerized seedlings. In either case, tree shelters should be used to accelerate growth and increase survivability of seedlings. In addition, management of competing vegetation after planting is easier, mowing and weed wacker strikes are prevented, herbicides are isolated from trunk contact, and grazing by deer are restricted. The use of tree shelters may only be practical from an economic standpoint for more expensive seedlings of species difficult to establish, such as red oak. Reductions in maintenance costs and increased seedling vigor associated with tree shelters suggest that tree shelter plantings may be a more cost - effective approach than planting unprotected larger material. In urban or other high visibility areas, some specimen trees and shrubs should be incorporated into the planting plan for projects implemented by the EEP. When live stakes or dormant cuttings are incorporated in a planting plan, choose only the previous season's growth. Live stakes should typically be approximately % inch in diameter and three feet long, and dormant cuttings should be approximately '/2 inch in diameter and two feet long. Suppliers of Native Plant Material Local nurseries are the best option in acquiring plants that will be successful. Plants grown from seeds or cuttings collected close to the restoration area will be the most likely to survive and reproduce. Planting Layout The planting plan should indicate that trees and shrubs will be planted in a random pattern. For inexperienced planting crews, pre - labeled flagged wires can be used to mark the random location of plantings. These flags can also be color coded for each particular species. Various colors of spray paint can also be used to differentiate species. Planting Practices When planting seedlings, it is helpful to mark the plants with colored flagging to make them easier to locate during maintenance tasks. The flagging can also be color -coded to mark plants that have died for replacement at a later date. Tree protectors are also helpful for locating plants. Tree seedlings should be kept moist and should not be exposed for extended periods of time. A correctly planted tree should have the following general characteristics: • Planted so that the root collar is slightly below the soil surface. • Have the main roots nearly straight or spread out. 11 • Have soil firm around the roots. • Have the tree in an upright postion and have it nearly even with the general ground level, not sunk in a hole or raised on a mound. Please note that the Neuse and Tar- Pamlico Riparian Buffer Rules allow for a one time fertilizer application to establish newly planted vegetation. Ongoing fertilizer application is prohibited by these rules. Npatian Buffer Maintenance Control of Grasses and Forbs In the early stages of riparian buffer establishment, competition for nutrients by adjacent grasses and forbs will substantially inhibit seedling growth. Release from herbaceous competition has been demonstrated as the most cost - effective method to accelerate the growth of seedlings. The plan for buffer establishment must incorporate control of the herbaceous layer. Options for weed control include four. to six inches of well -aged hardwood mulch, weed control fabrics, or pre- emergent herbicide. Typically, mowing to control weeds will be impractical based on the random distribution of plantings. Weed control should be continued for three years from the time of planting. Areas ofConcenttated Flow During the required five year monitoring period, the riparian buffer should be inspected for evidence of concentrated flow. If concentrated flow has begun to form, a level spreader or other best management practice should be installed to diffuse the flow before it enters the restored riparian buffer. Illustrations by Karen M. Lynch 12