20151138 Ver 1_Approval Letter_20151217

WaterResources
ENVIRONMENTAL QUALITY
Little Cross, LLC
Attn: Hugh Surles
126 Brandon Dr.
Lillington, NC 27546
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
December 17, 2015
DWR # 15-1138
Harnett County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Avery Pond Subdivison
Dear Mr. Surles:
You have our approval for the impacts listed below for the purpose described in your
application dated October 2, 2015, received by the Division of Water Resources (Division)
October 30, 2015 and the additional information received on November 12, 2015 and
December 11, 2015. 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 29 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 certifications) 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 (c)]. Note that the
State of North Carolina I Environmental Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
910-433-3300

Avery Pond Subdivision
DWR# 15-1138
following table of impacts uses the impact location numbering from the previously
approved Certification.
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands Impact 1
0.085 (acres)
(acres)
404/401 Wetlands Impact 2
0.1053 (acres)
(acres)
Srtream
I 31-(1hm'aT-fiFetJ—(linear
feef
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. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and
General Certification(s)/Permit/Authorization and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]
3. 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.
4. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained ori all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.

Avery Pond Subdivision
DWI1# 15-1138
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
5. No Sediment & Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands_and- caters-is-unavoidable,-design-and_placementoftemporary_erosion-coatrol
measures shall not be conducted in a mannerthat may result in dis-equilibrium of wetlands
or 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 or locally delegated
program has released the project.
6. The SMP approved by the Fayetteville Regional Office of the Division of Energy, Mineral and
Land Resources on October 28, 2015 (SW6150903) under the state stormwater program
meets the requirements of the 401 Certification Program.
7. Certificate of Completion
Upon, completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the DWR WEBSCAPE Unit at: 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650.
This approval and its conditions are final and binding unless contested. [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 may be obtained from the OAH at http://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 8:00am and 5:00pm, excluding official state
holidays).

Avery Pond Subdivision
DWR# 15-1138
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
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh,–NC-2-7699-6214 Raleigh,–NC-2-7609--&285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Chad Turlington at [phone] or [e-mail] if you have
any questions or concerns.
Sincerely,
�e Belinda S. Henson
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 3890
cc: Adam Carter—Wetland Solutions, LLC (via email)
Tyrus Clayton — Draper Aden Associates (via email)
Emily Greer - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 file
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WaterResources
ENVIRONMENTAL QUALITY
DWR Project No.:
Applicant:
Project Name:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office—
Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. Itis 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:
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.
State of North Carolina I Environmental Quality I Water Resources
225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5043
910433-3300

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 wafers and adjacent wetland areas or to wetland areas that are
not a part of the surtace tributary
States as described in 33 CFR 3
of Engineers regulations and for
02B .0200.
Appendix A (B) (18', 29, 39, 41, 42, 44, and 46) of the Corps
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for 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) thatis not subject to either a state stormwaier program (such
as, but not limited to, Coastal Counties, HQW, ORW or state -implemented Phase II
e. I emporary or pet manum n npaum u4uai w Y. y,�o. , .,,v., ..,,...•..,�, �„ , �i ••-•�
or open waters; or
f. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -1, 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 11.5A NCAC 07H .0205)], or Unique Wetlands (UWL) 115A
NCAC 02H .05061; or
h. Any impact associated with a Notice of Violation or enforcement action for violation(s) of
DWQ Wetland Rules (15A NCAC 02H.0600),. 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 Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.313(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
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 028.0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
hot part of the surface tributary system to interstate waters or navigable waters ortne unitee
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, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter setforth.
Activities meeting any one (1) of the following thresholds or circumstances- require written
approval fora 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. Temnorary or permanent impacts equal to'or greater tha"n ona-tentFiji110}aaie ofwetiand!
or open waters; or
f. Any impacts to wetlands adjacent to waters designated as: ORW; SA, WS -1, 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 UniqueWetlands (UWL) [15A
NCAC 02H .0506]; 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
026 .0200); or
I. Any impacts to streams and/orbuffers in, the Neuse, Tar -Pamlico, or Catawba River Basins
or in 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
WaterQ,uality General Certification must include the appropriate fee. If a project also requires a
LAMA 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
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 natura[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.
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This:Perniit allows stormwaterto be discharged during land
disturbing construction activities as stipulated in the conditions of the permit.. If your project
is covered by this:perrnit, 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
htt67llcortal ncdenr orolwel lw4lwslsu/nodessw#tab
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 (i.e. sea turtle nesting, fish
spawning, or bird nesting),, then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
Commission (WRC), US Fish and Wildlife Service (USFW,S), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries. Service (NMFS) to lessen impacts on trout, anadromous
fish, larvalfpost-larval fishes and crustaceans, or otheraquatic 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 thatthe 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 3'

Water Quality Certification No. 3890
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whetherjurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek: Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses",identified within and constructed in accordance with 15A WAC 029;0233,.0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect waterqualityto 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
that inadvertently contacts uncured concrete shall not be discharged to waters
dueto the potential for elevated pH and possible aquatic life/ fish kills.
state
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
mostourrent version of StortnwaferBest 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 atthe time of
application for activities classified as 'Wlowablewith Mitigation" or "Prohibited" within the
Table.of Uses.
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 Mittggtion Guidelines (April 200$) drifts '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
s
i

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 arid, 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
applicantfnust provide written justification and any calculations used.to determine the extent
v, "F -i a,, .w '-y...
restoration as defined in the US Army Corps of Engineers Wilmington District, Apri[2003
streamMitigation 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 thro-ughout 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 notaltered andallow 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,
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 IlfR movementl 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 Flo. 3890
Installation of culverts in wetlands must ensure contindity 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 mustbe 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
nnnditions within 60 days of the determination that. the ternoorary impact is no loneer
necessary. The impacted areas shall be restored tor original grade, including each stream E
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) culvertsi riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planningand
Design Manual or the. North'Carolina Surface MiningManualso as not to restrict stream flow
or cause di's-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 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 notbe installed in the streambed
-..-.--- _ except inspeoifc,areas,requ¢ed,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 bythe 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 placedon 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
nfare nt the time of rernrdino of the nrooertv or of individual lots. whichever is aooroodate. A
hfto-liportal.ncdenr.orglWeb/ swolws/40'llcertsandpermits/aopiy/forrin The textof the
sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3890 6

Water Quality Certification No. 3890
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant 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
shall conduct all activities in a manner
nn env requirements resulting from
compliance with §$03(d) of the Clean Water Act), and any otner appropnace requupmeins ui
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 tetter for projectsproposed 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 specific project may result
in revocation of this General Certification for project and may also result in criminal andlor 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
2
c
Charles Wakild, P.E.
Director
Iitstory.Note: Water Quality Certification (WQC). Number 3890 issued March 19, 201.2 replaces
.WQC Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19,2007; WQC 3,402
issued March, 2003; WQC Number3362, issued March 18, 2002, WQC 3287, issued June 1,
2000; WQGs 3106 and 3108 fssuedFebruary 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: 40.1 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
entering the stream or wetland during the peak flow from the ten-year storm.`
ii: 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'oftidal
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
it!. Construction and Operation. The stormwater management plan must be constructed
and operational before any.permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity.°
iv. Coordination with OtherStormwater Programs. Projects that -are subject to another
Division of Water Quality'(DWQ) stormwater program, including (but not limited to) the 20
Community's stormwater management program, must be constructed and maintained in
compliance, with the approved stormwater management plan.5
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to-anotherDWQstomiwater program or a Certified
Community's stormwater program shall meet all of the following requirements;
a. tow Density., A site is low density if all the following requirements are met;
The developmenthas 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. Its 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; Manua). Alternative
designs may be approved if the applicant can show that the design provides r
Water Quality Certification No. 3890

Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual.
The project must not Include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC'02B .0202(60) .'
b. High Density. Projects.thatdo 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 (3O%) of Total Nitrogen (TN) and Total Phosphorus (TP).6
Stormwater Best Management,Practices Manual that is in place on the date of
stormwater management pfan.submiital. 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.10
4. DWQ may approve.Low Impact Developments (LIDs) that meet the guidance set
forth in theLowImpact 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
1. Projects that are Subjectto 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 ll NPDES, then. the applicant shall submit copy of
the-stormwater, approval letter before any impacts occur on site.''
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 site.5
Ill. Projects Not -Covered Under Items (i) or (I!). 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.
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
1 The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
(0)(5).
i
Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10 -year design storm
standard is codified in 16A NCAC 02H .1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006-246§9(d), SL2008-211§2(b), 15A NCAC
02H ,1006(2)(c) and .1007(1)(a).
�Construction.and_maintenance_ofnthe_stormwater. plan is.necegsa to_satisf , 15A NCAC 02H
.0506(b)(5),
° C.onveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
s Low density built upon area thresholds are skin. SL 2006-246§9(c) and SL 2008-21 1 §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 026.0265(3)(a) and.0277(4)(e).
8 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 0M.0232, 15A NCAC 02B .0257(a)(1), 16A NCAC 02B
:0265(3)(x) and 15A NCAC 02B :0277(4).
6 The.Stormwater BMP Manual is alsoreferencedin 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
10 The requirementfor 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 0.213 .0277(4)(8).
72 The term "public, road project" is defined in1.5A 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).
's Procedures for modifying stormwater plans are set forth in 15A NCAC 02H.101 1.
Water Quality Certification No. 3890 11