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