HomeMy WebLinkAbout20141235 Ver 2_401 Application_20151015'34R
RAPID RESPONSE
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October 28, 2015
Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 —1617
Dear Karen,
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In early 20141 began planning a residential home project for myself and my family on a .80 acre lot at Holts
Lake in Smithfield NC. In November 2014 my architect and I worked together to fill out a PCN application and
submitted it. In December we received an "Approval of 401 Water Quality Certification With Additional
Conditions" permit DWR # 14 -1235. 1 thank you for that prompt response.
Holts Lake is drawn down annually from January 2nd till February 15th. The work I had to accomplish in
getting the boathouse support columns and the bulkhead columns installed before the dam was closed and
water raised was very challenging, but we were successful. During construction we learned many things that
we didn't think of prior to construction on how this project could be improved. During the construction of
the bulkhead we determined that extending it to each end of the property made the most sense. In addition,
leaving an opening in the bulkhead to place a boat in and out of the lake also made good sense. These ideas
were not on the original application when we were doing our planning. I've communicated these changes via
phone calls to the U.S. Army Corps of Engineers and it was determined that I should complete another
application that was similar to the original except to add the changes.
Enclosed in this packet is:
• a copy of the (After the Fact) PCN application;
• a copy of the Approval Letter (DWR # 14 -1235)
• a copy of the site plan drawing submitted with the original PCN application
• a current drawing showing the changes made during construction.
1 have stopped any work being performed on this project until the current plans have been reviewed and
approved.
Please call me 919 - 669 -8200 if any further information is needed.
Thank you for your time and service.
w kz-e,,"
Willie Wall
PO Box 1309, 228 Tyler Dr.
Smithfield. NC 27577
Office: 919- 938 - 3888 /Faxs:919-938 -3893
1�
O�O� W ALF99
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
X❑ Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
X❑ Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes X❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes Z No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Home Site
2b. County:
Johnston
2c. Nearest municipality / town:
Smithfield
2d. Subdivision name:
Cypress Point Subdivision
2e. NCDOT only, T.I.P. or state project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
Rapid Response Electric, Inc.
3b. Deed Book and Page No.
deed book 04435, page 0147
3c. Responsible Party (for LLC if
applicable): '
Willie Wall
3d. Street address:
228 Tyler Drive
3e. City, state, zip:
Smithfield, NC 27577
3f. Telephone no.:
919- 938 -3888 / 919 -669 -8200
3g. Fax no.:
NA
3h. Email address:
willie. wall @rapidresponseelectricnc.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
Willie Earl Wall
4c. Business name
(if applicable):
Rapid Response Electric Inc
4d. Street address:
228 Tyler Drive
4e. City, state, zip:
Smithfield, NC 27577
4f. Telephone no.:
919- 669 -8200
4g. Fax no.:
N/A
4h. Email address:
willie. wall @rapidresponseelectricnc.com
5. Agent/Consultant Information (if applicable)
5a. Name:
N/A
5b. Business name
(if applicable):
N/A
5c. Street address:
N/A
5d. City, state, zip:
N/A
5e. Telephone no.:
N/A
5f. Fax no.:
N/A
5g. Email address:
N/A
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
167212 -76 -5269 15110036C
1 b. Site coordinates (in decimal degrees):
Latitude: 35.46984 Longitude: - 78.40412
1c.
Property size:
0.8 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Black Creek (Holt Lake)
2b.
Water Quality Classification of nearest receiving water:
B; NSW
2c.
River basin:
Neuse (subbasin NEU04)
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b.
List the total estimated acreage of all existing wetlands on the property: 0.1
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
Due to buried stumps, unable to access lot via water. Propose to utilize track backhoe during lake draw down to remove debris to facilitate boat access
4-10n5 win p1ccj dock, b,*r- +rr-vap and bolkheJ C�or�s�fuG� -ion.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑ No 0 Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A previous permit was granted to install the bulkhead and boathouse. The new request is to permit the installation of a boat ramp not previously show
on ✓v10m ea Ava.w�,.S ;o( 446-4 ocic)ipj e e ( m jV .
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes X❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams — tributaries ❑X Buffers 0 Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Excavation
Unknown
No
Corps
0.1
W2
Yes/No
-
W3
Yes /No
-
W4
Yes/No
-
W5
Yes/No
-
W6
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
The area affected will be lake bottom excavation to remove buried trees and stumps. The goal is to create necessary depth for access to new boat
house and pier. Install a new concrete boat ramp.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary m
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
-
-
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Holt Lake
Excavation
Lake
0.1
02
03
04
4f. Total open water impacts
4g. Comments: NO Open water impacts.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Other
0.1
P2
5f. Total:
5g. Comments: Excavation to install boathouse, pier and boat ramp. Material removed was loaded and hauled off site to proper landfill location.
5h. Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Track backhoe to remove lake bottom material.
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑X Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61 P
Walkway to boathouse
Holt Lake
No
40
0
B2 P
Bulkhead
Holt Lake
No
B3 P
Home
Holt Lake
No
0
0
B4 P
Landscaping / Hardscaping
Holt Lake
No
0
1,660
B5 P
Boat Ramp
Holt Lake
No
325
0
B6
6h. Total Buffer Impacts:
6i. Comments: Existing riprap is replaced by bulkhead extended to each water front property comers.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Multiple desired home designs were extracted from our plans to get one that works within the available space between the septic field and the riparian
buffer zones. We've redesigned landscaping and hardscapes several times to minimize intrusion in zone two of the riparian buffer.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
We've moved the boathouse site to an area where impact area is minimized to .10 acre. Utilizied track badkhoe while lake was drawn down. All
excavated material was hauled away to appropriate land fill.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes 0 No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Single Family Dwelling to be built on residential lot adjacent to protected riparian buffer.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
A boat house is to be constructed in lake area. Bulkhead to be constructed for erosion protection. Single family dwelling construction on residential lot
adjacent to riparian buffer zone. Boat ramp constructed to access lake from property.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
2e.
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Johnston County
❑ Phase II
❑ NSW
3b.
Which of the following locally- implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
Other: N/A
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
ElCoastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑X Other: N/A
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes X❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form —Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ❑X No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑X No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes 0 No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after - the -fact permit application?
El Yes Q No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes Q No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5C- Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Inquired with the local department in Johnston County
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Checked with Jean Gibby regarding this and determined there will be no impact
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Checked with Jean Gibby regarding this and determined there will be no impact
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
Q Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project should not negatively impact the 100 year flood plain as proposed involves excavation only. All excavated material will be hauled off site and
disposed of in an approved location.
8c. What source(s) did you use to make the floodplain determination?
My survey when I purchased this property.
Willie Earl Wall
/� /, �
(/(
10/25/2015
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 17, 2014
Rapid Response Electric, Inc.
Willie Wall
228 Tyler Drive
Smithfield, NC 27577
John E. Skvarla, III
Secretary
DWR # 14 -1235
Johnston County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Home Site — 47 Huntington Place
Dear Mr. Wall:
You have our approval for the impacts listed below for the purpose described in your application
dated November 4, 2014 and received by the Division of Water Resources (Division) on December
2, 2014. These impacts are covered by the attached Water Quality General Certification Number
3890 and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0.10 (acres)
0 (acres)
I�o°e Carol
Ntura!
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1 -877- 623 -6748
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
47 Huntington Place
DWR# 14 -1235
401 APPROVAL
Page 2 of 3
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur ,in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and
.0502]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H.0507 (c)]
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
5. 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 1508 by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing
fee is received in the OAH during normal office hours (Monday through Friday between 8:00am
and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
47 Huntington Place
DWR# 14 -1235
401 APPROVAL'
Page 3 of 3
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R -DWR -401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R -DWR -401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919 - 791 -4251 or cherri.smith@ncdenr.gov if you have any questions or
concerns.
Si ter ly,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
St. 105; Wake Forest, NC 27597
DWR RRO 401 copy
Water Quality Certification No. 3890
Water Quality Certification Number 3890 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 44, and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
026 .0200.
The State of North Carolina certifies that the specked category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1 ) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream, including temporary and /or permanent impacts; or
c. Any stream relocation; or
d. Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program (such
as, but not limited to, Coastal Counties, HQW, ORW or state - implemented Phase II
NPDES) or a certified community's stormwater program; or
e. Temporary or permanent impacts equal to or greater than one -tenth (1/10) acre of wetlands
or open waters; or
f. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS-11, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River; or
g. Any impacts to coastal wetlands [15A NCAC 07H .0205)], or Unique Wetlands (UWL) [15A
NCAC 02H.05061; or
h. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
DWQ Wetland Rules (15A NCAC 02H.0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200); or
i. 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 the time of application)
unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143- 215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
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 riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3890 2
Water Quality Certification No. 3890
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. if placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures.. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self- monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http://portal.ncdenr.or-qlweb/wq/ws/su/npdessw#ta b -w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (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 impacts on trout, anadromous
fish, larval /post -larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed wit!h buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233-0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre - treated through site - appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 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.
Water Quality Certification No. 3890 4
Water Quality Certification No. 3890
11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and /or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A- Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5 %, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site - specific topographic constraints preclude the ability to bury the culverts as
described above and /or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streamaed
except-in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
18. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots. whichever is appropriate. A
sample deed notification can be downloaded from the 401ANetlands Unit web site at
http' //portal ncdenr org /web /wci/swp /ws/ 401 /Certsandpermits /apply /forms. The text of the
sample deed notification may be modified as appropriate to suit to a speck project.
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3890 6
Water Quality Certification No. 8890
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicantivermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
25. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
26. Additional site - specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division, of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
,4'i
Charles Wakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3890 issued March 19, 2012 replaces
WQC Number 3821 issued April 6, 2010, WQC Number 3631 issued March 19, 2007; WQC 3402
issued March, 2003; WQC Number 3362, issued March 18, 2002, WQC 3287, issued June 1,
2000; WQCs 3106 and 3108 issued February 11, 1997. This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional General Permits and /or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
Attachment A: 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
i. Non - Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non - erosive velocity prior to
entering the stream or wetland during the peak flow from the ten -year storm.
Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant material.3
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage pattems, must be
maintained in perpetuity.°
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Counties, HQW, ORW or state - implemented Phase II NPDES, or a Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plans
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. A site is low density if all the following requirements are met:
The development has a built upon area of twenty-four percent (24 %) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24 %, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.s
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3890 9
Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B.0202(60). 7
b. High Density. Projects that do not meet the-Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty-five percent (85 %) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30 %) of Total Nitrogen (TN) and Total Phosphorus (TP).e
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual .9
3. DWQ may add specific stormwater management requirements on a case -by-
case basis in order to ensure that a proposed activity will not violate water quality
standards.t0
4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development: A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1) -(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mail- Service-Center, Raleigh, NC 27699 -1650.
i. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HOW,
ORW or state- implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site. 13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on sits
e
iii. Projects Not Covered Under Items (i) or (ii). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items. 13
Water Quality Certification No. 3890 10
Water Quality Certification No. 3890
b. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is proposed.13
iv. Phasing. Stormwater management plans may be phased on a case -by -case basis, with
the submittal of a final stormwater management plan per Items (i) -(iii) above required for
the current phase and a conceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must be constructed and operational
before any permanent building or other structure associated with that phase is
occupied. °
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record- keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and
approval. 15
' The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
(c)(5).
2 Non erosive discharge rates are required in SL 2008 - 211 §2(b)(1). The 10 -year design storm
standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC
02H .1006(2)(c) and .1007(1)(a).
4 Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H_ ,
.0506(b)(5).
5 Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
5 Low density built upon area thresholds are set in SL 2006 - 246 §9(c) and SL 2008 - 211 §2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006 - 246 §9(c), SL 2008 - 211 §2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
9 85% TSS removal is required in SL 2006 - 246 §9(d), SL 2008 - 211 §2(b), 15A NCAC 02H
.1006(2)(c), 15A NCAC 02H .1007(1)(a). The 30% TN and TP removal requirements for NSW
waters are set forth in 15A NCAC 02B .0232, 15A NCAC 02B .0257(a)(1), 15A NCAC 02B
.0265(3)(a) and 15A NCAC 02B.0277(4).
9 The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
t0 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
" The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(g).
t2 The term "public road project" is defined in15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
14 Phased development is addressed as a "common plan of development" in 15A NCAC 02H
.1003(3).
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H.101 1.
Water Quality Certification No. 3890 11
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Chns Adam9, AIA
\R" yowl ✓' "•
.L3 9lte Pi.n
AL3 F114 Fbnr Pbn
Avl Sernntl fbar Plm
AL. iountlFUOn POn ilhu 1 -11. -1
ALl Erterbr EknUOmE WIMOw XM1etlub
AL6 Eb.rbr Ehvnbm
ALJ E-1 EMa 11
ALB - 11111111 F11NM1 XM1etlule
AL9 A. Fbor R R—d Gelling Pon
A - iv 9emntl Fbor RelkFW CNIIM Pill
A 13 interior Ekvstbm
A -13 Serontl Fbor Fnmini
A�13 Rod Fnmin9B —PIm
PrP/PCf
Residence for
Willie Wall
47 Hurmngton Place
Hoh Lake
Smithfield, NC
7
A -01
SITE FLAN
c
I
1
O
i
PROPOS D I I
ll HOUSE' l\
euv..ion O.
uev.nan I
1
I,
1
1 EXISTING RIPRAP TO REMAIN IN THIS AREA
l y��
SEE ENLARGED PLAN A -0.2
I
I
I
NEW TIMBER BULKHEAD.
\ - WATER SIDE OF NEW BULKHEAD
TO ALIGN WITH EXISTING
/ I ORDINARY HIGH WATER LINE.
1 ` NOTE: NO FILLING OR GRADING IS
1 PROPOSED BELOW THE LEVEL OF THE
\ EXISTING ORDINARY HIGH WATER LINE.
1 _
1
1
1
I HOLT LAKE
I
I
I
I
II
x — I
- I 1
NOTES:
1. Property Information Is based on'Final Plat for Cypress Poln1 '9a ,? �
SubdMslon" Issued by Southern Surveylog & Mapping, Inc. on
03.01 -et.
2. Locations of water Ine, e)dsdng rlp-rap, and existing dock are based
on as•bufft measurements and observations from July, 2014
NORTH I `
OVERALL PROPOSED SITE PLAN
0' 15' 30' 60'
mAIA
Chris Adams, AIA
105 Cards Road
P.O. Bort 519
EtratWhl0h , NC 28337
919.818.3894
dxYw.m..rcNbct.cam
cnMOd'4W ✓n.arttletl.mm
_ W
NOT for
Construction
Issued for
DWQ Review Only
Residence
for Willie Wall
47 Huntington Place
Holt Lake
Smithfield, NC
\
date p raNsbn
\ — PROPOSED NEW BOATHOUSE ! DOCK
\�
MAXIMUM 4,000 SF DISTURBED AREA
FOR BOATHOUSE CONSTRUCTION
– – NEW RIPRAP BETWEEN END OF
A -0.1
NEW TIMBER BULKHEAD AND PROPERTY LINE.
OVERALL PROPOSED
EXISTING ORDINARY HIGH WATER LINE TO REMAIN
IN CURRENT LOCATION.
SITE PLAN