20151150 Ver 1_Approval Letter_20151215

Water Resources
ENVIRONMENTAL QUALITY
Henderson County
Attn: Marcus Jones
1 Historic Courthouse Square
Hendersonville, NC 28792
PAT MCCRORY
G- ­
DONALD R. VAN DER VAART
searermy
S. JAY ZIMMERMAN
Director
December 15, 2015
D W R # 15-1150
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Pardee Memorial Hospital
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your
application dated October 29, 2015, and received by the Division of Water Resources (Division)
on November 13, 2015, with additional information received December 14, 2015. These
impacts are covered by the attached Water Quality General Certification Number 3890 and the
additional conditions listed below. This certification is associated with the use of Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units) -
Permanent
Amount Approved
(units)
Temporary
Streams
Impact S1
148 feet
Impact S2
20 feet
State orNortll Carolina 19nvGomoemal Quality I Water ReAurus
2090 U.S. Hwy. 70 1 Swannanoa, NoA Caralwa 28178
8282964500

Pardee Memorial Hospital
DW R# 15-1150
401 Approval
Page 2 of 3
2. 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The project shall comply with 15A NCAC 02T .0301 and all other State, Federal and local
- sewer system regulations. [15A NCAC 02T.0301]
4. All temporary impacted areas will be restored to pre -construction natural conditions
upon completion of the project. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H.0506 (b)(2)
and (c)(2)]
6. The Stormwater Management Plan (SMP) approved by Henderson County on August
18, 2015 meets the requirements of the 401 Certification Program. The SMP may not
be modified without prior written authorization from Henderson County. A copy of the
approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer
Permitting Unit (1617 Mail Service Center, Raleigh, INC 27699-1617) prior to
commencement of the modifications. [15A NCAC 02H .0506 (b)(5)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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) within sixty (60) calendar days.
A petition form maybe obtained from the OAH at htto://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 S:OOpm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], 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'
Pardee Memorial Hospital
DWR# 15-1150
401 Approval
Page 3 of 3
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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via. email)
Andrea Leslie —NCWRC (via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files - - -
DWR401 and Buffer Permitting Unit
G:\WR\WQ\Henderson\401s\Non-OOT\Pardee Memorial Hospital\APRVLPardeeMemoriaiHospita1.12-15-2015.do,x

Water Quality Certification No. 3890
GENERAL CERTIFICATIONFORPROJECTS ELIGIBLE
FORD S ARMYGGRPS OF ENGINE ERS-N/1TIONWIDE PERMIT
NUMBERS 18111 DISCHARGES). 21JR SI�DENT_IAL DEVELOPMENT),
39(COMMERCIAL AND INSTITUTIOfJAL-D1=11EL9PME_N?�,
41 (RESHAPING EXISTING DRAINAGE DITCHE 2(RECREATIONAL FACILITIES).
44 (MINING ACTIVITIES) AND 40 )DISCHARGES IN DITCHESI.
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES).
Water Quality Certification Number 3890 is issuedin 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 026,0200
for the discharge of [Il 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 specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 308 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 .15011near 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 astate stormwater program (such
h,& em limned rn rn.ntal (1Mmties: HOW ORW or state -Implemented Phase It
e. Temporary or permanent Impacts equal to or greater thin one -tent 1/1.. acre of wetlands
or open waters; or
f. Any impacts to wetlands adjacent to waters designated as: ORW SA WS -1 WS -Il, 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 115A NCAC 07H 0205)], or Unique Wetlands (UWL) [15A.
'NCAC 021-1,05061, or
h. Any impact associated with 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-Pamllco 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 asEXEMPT" 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 143.215.30(e), written approval. for a 401
Water Quality General Certification must include the appropriate fes 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
ActivItles 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 Conditionscannot be met, then
written approval from the Division Is required.
Conditions of Certification:
t. 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 areae
beyond the footprint of the impacts depioted 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 includingincidental impacts. All
construction activities, including the design, installation, operation and maintenance of
sediment and erosion control Best Management Practices shall be performedso that no
violations of state water quality standards, statutes, or rules occur. Approved pians 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 NP,DES'Construction Stomiwater Permit issued to the site::
a. Design, installation operation and maintenance of the sediment and erosion control
measures must be suchthat they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manuel 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 sedtmant control rreasutes mustbe designed
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manuel.
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.
it, 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 projectoccurs in waters or watersheds classified. as Primary Nursery Areas (PNAs),.
SA, WS -I, WS -II, 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, 0asign Standards In Sensitive Watersheds:
Water Quality Certification No. 3890

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 amanner that may result in chs -equilibrium of wetlands; stream beds, or banks,
adjacent to or upstream and downstream of theabove structures All sediment and erosion
control devices shall be removed andthe natural grade restored within two (2). months of the
date that the Division of Land Resources (DLR) or locally delegated programhas released
the specific area within the project.
4. Construction Stormwater Permit. NCG010000
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
htto:Hoodal nod'enr oro/webfwgMs/su/nndesswktab-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 (NC8000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at therequest of other
state or federal agencies and coordinatedwith these activities.
I trout, anadromous
concern shall be.
resource agency
moratorium..
Work within the twenty-five(26) designated trout counties orldenfified state or federal
endangered or threatened species habitat shalt be coordinated with the appropriate WRC,
USFWS, NMFS, andlor 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 NOSedimentand. Erosion Control Manual, or the NO DPT
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. 3$90
7.: Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whetherjurisdictions wetlands- or not),.
within the Nauss, 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 wth 15A NCAC 02B ,0233, 0259,
.0243 0260, .0267 and .0605, andshall be located designed, constructed, and maintained
to have minimal disturbance to protect water quality to themaximum 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
thatinadvertently 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 drainsshall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through slte•approprlate 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 40 thiscondition
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 impactsequal to or exceeding 150 linear feet per stream shall requite 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 strearn,mitigation requirements attell.be made for -err
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 beimplemented 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. 3690 4

Water Quality CertificationNo. 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.
stabilizationshall 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 practicalL. 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 floodplalns 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.reloeation 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 applicationsshall 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 Jife 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 bebelow the
elevation of the streambed by one foot for all culverts with adiameter greater than 48 inches,
and20 peroant ofthe culvert_diameter for Culverts having a diameter less than or equalto 48,
inches, to allow low flow passage of water and aquatic life,
When topographic constraintsindicate 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,
croesvenes etc). Notification to the Division including supporting documentation to include a
location map of the culvertWvert pmfile 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 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 emailwithin 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, than exceptions to this Condition require application submittal
to,and written approval by, the Division of Water Quality, regardless of the total Impacts to
streams or wetlands from the project
Water Quality Certification No: 3890 5

Water Quality Certification No. 3890
Installation of culverts in wetlands must ensure continulty, of water movement and be
designed to adequately accommodate high water or flood conditions Additionally, when
roadways, causeways, or other fill projectsare constructed across FEMA -designated
floodways or wetlands, openings suchas culverts or bridges must be provided to maintain
the natural hydrology of the System as wall as prevent constriction of the iloodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank: stabilization
techniques must beused where practicable instead of rlprap or other bank hardening
:methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 90 days of the determination that the temporary impact Is no longer
neosssary. The impacted areas shall 'be restored to original grade including each stream's
original cross sectional dimensions,plan formpattern, 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 eroson.
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 andlor"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 anddensity so as not to be able to
be carried off by wave current action, or stream flows -and. consist of clean rock or masonry
1.5. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparianbuffers but is: restricted to no closer than lg feet from top -o€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, thenall lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
Is required toprovide evidence that the lots are buildable without requiring additional impacts
to wetlands watersor 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 mechanismsshall be put in
place at the time of recording of the properW or of individual lots whichever is appropriate. A
sample deed notiflcation can. be downloaded from the 401/Wetlands unit wen site at
htto9/oortal ncdenr oro/Sveb/wp/swo/ws/4011certsandoermits/apply/forms The text of the
'sample deed notification may be modified as appropriate to suit to a specific. project,
Documentation of deed notifications shall be provided to: the Divislon upon request,
Wafer Quality Certification No. 31190 6'

Water Quality Certification No. 3890
21, If an environmental document is. required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification is not valid until a Finding of No
Significant Impact (rONSI) or Record of Decision (ROD) is issued by the State.
Clearinghouse.
22. In the twenty (20) coastal counties the appropriate DWQ Regional office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the. responsibility to obtain all other
required Federal,. State or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with§303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
28 When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modificationa the
applicant shall be required toreturn the certificate of completion attached to the approval.
One copy of the cartificate shall. be sent to the DWQ Central Office in, Raleigh at 1650 Mail.
Service Center, Raleigh, NO, 27699-1660.
26. Additional site-specific conditions,including monitoring and/Ormodeling 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 ineffect 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 formal
application for Individual Certificationfor any project in this category of activity if it is determined
that the project Is likely to have asignificant adverse effect upon water quality, including stateor
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 maybe held for specific applications or group of applications prior to a
Certification decision If deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March. 19, 2012
DIVISION OF WATER QUALITY
By
J%%:"06 "moi ^-_- 12,,
Charles Wakild, P.E.
Director
History Note Water Quality Certification (WQC) Number 3690 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 ibis 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 8

Water Quality Certification No. 3890
Attachment A: 409 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 NOS000250 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 fallowing
stoimwatar design requirements:
I. Non -Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge ata non-erosive velocity prior to
entering the stream or wetland during the. peak flow from: the ten-year storm.
I, Vegetated Setbacks..A 30 -foot wide
streams,: rivers and tidal waters in arei
Protection Rule or other morestringer
the setback: shall be measured horizoi
structures, the top -of -bank of streams
waters, perpendicular to shoreline. Ve
or local governments may be met con
coastal isolated or 404 jurisdictional
vegetated setback may becleared an(
in grass or other vegetative or plant m
IIn
a state
filters required by state rules
iuirement and may contain
Cfional portions of the
s planted with and. maintained
Ifi: Construction and Operation. The stormwater management plan must be constructed
and operational before. any. permanent building or other structure is occupied or utilized at
the site The stormwater management plan including drainage patterns, must be
maintained to perpetnity.4
v. StormwatorDesign Requirements for Projects Not Covered Under Item (ivi.
Projects that are not subject to another DWQ stormwatet program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. Asite is low density, if all the following requirements are met
1 The development has a builtupon 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 Carolinas 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 dralnageways to the maximum extent prectieablas
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 Manuat. Alternative
designs may be approved if the applicant nen 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 026;0202(60):'
High Density. Projects that do notmeet ihe.Low Density requirements shall meet
thefollowing requirements:
t.. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove ejQhty-five percent (85%) of
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).
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.'
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. 10
4. DWQ. may approveLow Impact Developments(LIDs) that meet the guidance set
forth in the Low Impact Development A Guidebook for North Carolina. is
5. Proposed new developmentundertaken 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 requirementslisted below
that require written authorization as indicated in the applicable Tien
and Petmlttiad Unit at
f. Projects that are Subject: to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program such as the Coastal Counties, HOW,
ORW or state -implemented Phase II NPDES then the applicant shall submit copy of
the stormwater approval letter before any impactsoccur on ate+a
ii. Projects that are Subject to a Certified Community's Stormwater Program. .Ifthe
project is subject to a certified local government's stormwater program, then the applicant
shall submitone set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any Impacts occur onsite.
li'r. Projects Not Covered tinder items (1) or (iii. 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 prooess,
a Lew Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items"
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
DWQ BMP Supplement Form and: all required items at the specified scales for each
BMP that isproposed.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
thecurrent phase and aconceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approvedby the
appropriate entity before construction of that phase is commenced. Theapproved
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 writteh authorization from the entity that approved the plan.
If theproject 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 governments approval for record-keeping purposes If the project is subject to
DW© 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."
The stormwater requirement for 401 applications is codified In ISA NCAC 02H.0506(b)(6) and
(c)(6)
Non erosive discharge rates are required In SL 2008-211§2(t))(1). The 10 -year design storm
standard is codified in 15A NCAC 02H f008(§(2) and 1008(g)(1).
' 30 -foot vegetated setbacks are required in SL 2006.246§9(d),SL 2008.211§2(b), 16A NCAC
02H .1008(2)(c) and 1007(1)(a)'
Construction and maintenance ofthe stormwater; plan is necessary to satisfy 15A NCAC 02H_.__
,0506(b)(5)..
s Conveys application'. procedure to: streamline the permitting process and reduceany unnecessary
duplication In the review of stormwater management: plans
a Low density built upon area thresholds are set in. SL 2006-246§9(o) and SL 2008-211§2(b).
' The regwrementfor 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),
' 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).
s The Stormwater BMP Manual is also referenced in 15A NCAC 02B 0265(3)(a) and 0277(4)(e),
t° 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)(8), _
12 The term public road project" Is defined ml5A NCAC 028 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):
is Procedures for modifying stormwater plans are set forth in 15A NCAC 02H.1011.
Water Quality Certification No. $890 11

WaterResources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:_
Project Name:
PAT MCCRORY
G --
DONALD R. VAN DER VAART
Sete'.'
S. JAY ZIMMERMAN
D-.,
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 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
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
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
Registration No.
Siete oENolth Carcllnn I EmUcmnentel QNWity I Wa ReIawces
1611 Mail ATYice Center I RAMab, NoM Carolina 27699-1611
9191079000