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HomeMy WebLinkAbout20161204 Ver 1_Approval Letter_20170106Y. l.0 Water Resources ENVIRONMENTAL 004LITV January 10, 2017 Haywood County Attn: Ira Dove 215 N Main Street Waynesville, NC 28786 ROY COOPER DWR # 16-1204 Haywood County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Mauney Cove Road Convenience Store Dear Ms. Dove You have our approval for the impacts listed below for the purpose described in your application dated December 5, 2016, and received by the Division of Water Resources (Division) on December 8, 2016, with additional information received on January 4, 2017. 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 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, 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 S I 8 (linear feet) Impact S2 12 (linear feet) Impact S3 12 linear feet) Wetlands Impact Wl 1 0.019 (acres) SWe ofNoM Carolina I euwow lQualityI Wa B —o 2090 U.S. Hwy, 70 Swannanaa, NOM Carolina 28778 8282964500 Mooney Cove Road Convenience Store DWR# 16-1204 401 Approval Page 2 of 4 Impact W2 0.003 acres 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. Stormwater Management Plan Approved by the Division as High Density Proiect The Division approves the stormwater management plan (SMP) consisting of the grassed bioretention cell and all associated stormwater conveyances, inlet and outlet structures, and grading and drainage patterns depicted on plan sheets sealed by Scott Burwell, PE on November 21, 2016; and design calculations and specifications which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: The maximum allowable drainage area for the both the bioretention cell shall be 0.83 ac the maximum allowable built -upon area within that drainage area shall be 16,236 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the Division. [15A NCAC 02H .0506(b)(5)] ii. The footprint of all stormwater management devices as well as an additional 10 - foot wide area on all sides of the devices shall be located in either: public rights-of- way; dedicated common areas; or recorded easement areas. The final plats for the project showing all such rights-of-way, common areas and easement areas shall be in accordance with the approved plans. [15A NCAC 02H .0506(b)(5)] iii. The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] iv. The SMP may not be modified without prior written authorization from the Division. [15A NCAC 02H .0506(b)(5)] V. Maintenance activities for the bioretention cell shall be performed in accordance with the notarized O&M Agreement signed by David Francis (Solid Waste Administrator) on November 28, 2016, The O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facilities. The Division shall be notified promptly of every transfer. [15A NCAC 02H .0506(b)(5)] Mauney Cove Road Convenience Store DWR# 16-1204 401 Approval Page 3 of 4 vi. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (enclosed with this letter). [15A NCAC 02H .0506(b)(5)] 4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC 0214.0506 (b)(3) and (c)(3) and 15A NCAC 02B.0211(12)] - 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected -and -maintained -to -prevent contamination -of-waters-and -wetlands -frorn4ueda lubricants, hydraulic fluids orother potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15ANCAC 02B .0211(12), and GS 143 Article 21A] 6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 7. All temporary impacted areas shall be restored to pre -construction natural conditions upon completion of the. project. Native vegetation shall be used for stream bank stabilization. .[15A NCAC 0214.0506 (b)(2) and (c)(2)] 8. The permitee 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)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:00pm, excluding official state holidays). Mauney Cove Road Convenience Store DWR# 16-1204 401 Approval Page 4 of 4 The petition maybe 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: Ifsending via US Postal Service. Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,, N&27699=6 -7i-4 RuleiglrNC27609=628- 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 Kevin Mitchell at 828-296-4650 or kevin.mitchell(a�ncdenngov if you have any questions or concerns. Sincerely, a, Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 Certificate of Completion cc: John Vilas — McGill Associates, P.A. (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) D WR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\W MQTay ood\401s\ cn-DOTAlauney Cove RaadNPRVL401 Marney Cove Road Convenience Store 01.072017.docx Water Quality Certification No. 3890 GENER ERTI I rA I N F OJSOTS: ELIC BLE FOR U.3 : A VCO S J "IIA Py�ft,5 15 MIT NUMBERS 10(MINOR'DIS! 1A��SI D UELOFMENT 1 ' RA0114FSC TING'D..INA "IITREATION } FACILITIES), - 44:' I OTIYITIE CH R SS'I DIT -HES AND . RIPARIAN'RPA RR TEO'I" _ CGSBU ERNG of En$Inaers regulations and for the' Riparian Area Protection Rules (Buffer Rules) in 15A NCAG 028,11200. The State dr North Carolina derbfies thatthe specified category ofadvily Will not violate applicable portionsof Sections 3Q1.,362 a03,. 306 and 367 of the public Laws g2 -$0Q and 05-217 If conducted in accordance with the conditions hereinafter set folli. a. b. C. d. but f. Any Tro and g. Any NO; h. Any 023 1. Any "ALLOWABLE" act(vitles. (the avatlon or dredging, or k boundaries equal tojorgreater than 160 linear feet permanent impacts;: 4f rated ae. ORW SA, WS4,,WS-11. or d as a North Carolina or National Wild Mallor Unique Wetlands (UWL)(1QA In accordance with North Carolina :t ebarel Statute 143-218.31)(0), written approval for a 401 Water Quality General Certification must include the appropriate fee: If a project also requires!a QAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the twofees. YNater Quality Certification No. 3800 Water Quality Certifitsation NO, 38 O Activities Included In this GeoerafCe dloation that do not Meet one ofthe thresholds listed above do not requlfs written approval front the Olvislop as lung as they comply with. the Conditions of'Certifioation listed bdlow, if a'ny of thele Conditions cannot be met, then - wrltten. approval from the hivlslttn.Is required, - Condilions of Certification, 1, No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold. Of U$e of this'CertlAoation No waste, spoil, solids, or fill ofany kind shall occur in wetlands, waters or riparian areas 2. Standard Erosion and Sediment' Control Practices laroelen and sediment oontrol practices must he Intuit compliance with all spocilicatlora -goverinhg the proper. deslgn,installation and operationand malntenanCa of suOhBeat Mansoomerd Practices and iJappllaable, complp'with the speorid condillons and reg0hemantaofthe NPDES Construction StoHdwaterPormit'IssaadtothL,$Iw - e. Design, installation,operation, and maintenance Of the sediment and OrOSIOn Willful measures mus(be sbch that thay equal or exceed the requirements specified In the most recent version of the North Carolina Sediment and Erosion control Manual,. The devisee shall be maintained on all coustructlon area,,borrowalfe i, and waste pile tapoli) prolsots,., Including Contractor-owneq or leased borrow pits associated with the projedt. o, Raolornation-measures and impiemantati011 must comply with the reolamallon in - aCcordarcewith the requirements at the Sedimentation pollution ControliAdt and the Wining Act of 1971., d, Sutficientmaadoismqulredfor stabilization and/or repair oforosloncontrol Jmeasures � and stormwaterrouting and; treatment shall be on sitar at all:time$ e+ If the project occurs in waters orwpfershoesclasallied as Primary Nursery. Areas (PNAg3, $A, WS -I, WS -11, High dustily (HOW) or dutsYanding Resguroe (ORW) waters, thenthe - - sedimentation and erosion dontroi designs must oomply with the requirements set forth n 16A NCAC 04B.61124, Design Standards in .5001m Wet9rshads, Water Quality Certification No, 3,896 2 Water Quality Certification No. 3890 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wellandsgrwaters. Exceptions to this condition require applioation submittal to and Written approval by the Division, Itplaasment of sediment end erosion control devices lr('wellands and wafers is unavoidable, then design and placement of temporAry erosigo control measuresshall not be conducted in.a manner that may. result In ft-edullibnum of wetlands, stream beds or banks, - adjacent to or upstream and downstream of thi48tsove struatprss. All sediment and erosion control devices shall be removed and the natural grade restdred'within two (2) months of the date that the Division of )_and Resources (DLR) or locally delegated program hasreleased the specific area within the project - 4, `Construction Stonnwater Permit. N00010000 - An NPDES Construction Stormweter permit Is required for construction projectsThat disturb - qna (1) or more acres of land This Permit allows skcrmwater to be discharged during land disturbing construction activities a$r stipulated in conditions of the permit. If your project is Covered by this permit. full cohgpllahoe with permit conditions including the eroslon s Sedimentation control plan inspections and maintenance ealf-monitoring record keeping andreporting requirements is required, A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at hits')/OOYtel h68aTlFora/Web(Wqfad/nbditstil 0lb-W , T,be North Carolina Department of Transportation (NCDOT) shag be required to be in full compliance With the condtfonarelated to eonslfu010h activities within the most recent version of their mriIlvidual NPDES (NCS000250), storlowater permit:, $. Construction Moratoriums and Coordination If activities must occur during periods of high bidtogtoal activity (i.e. sea tulle nesting, fish - SpAwning, or bird nesting) thenbiological monitoring may be required at the requestof other state or federal agencies and coordinated with these sQUYl (es. responsible for the given moratorium. Work within the twenty-five (228) designated trout counties or identified state or federal endan ered or threatened species habitat shall ba coordinated With the appropriataWRC, tiSF5 , NMr$, and/or CMF personnel S, Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in caniagt wlth the disturbed area Approved best management practices from the most current version of the NO Sediment and Erosion Cgnool Manual, or theNODOT Construction and Maintenance Aodvltiea Manual,: such as sandbags rock berms, coffondams, and other diversion structures shall be used to. mihimize egcavation in flowing water. .Exceptions to this;condihon require application submittal to and written approval by the :Division, Water Quality Certification NO. $890 3 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-Pamfico, or Catawba River Basins or in theRandlemaot Jordan, or Goose Creek Wetershads (or any other basin or watershed with bufferYules) epall be limited; to "uses" identified within and constructed in accordance with 16A NCAG 02B 0223 02149, .0243 0250, ,OZ67 and .0606. and shall be located, designed, constructed, and maintained to have minimexll'stproance, to protectwaterc uglify to the Maximum extent practicabte lhrggghthe Use, of best management practices. All bolter rule requ rentents inolpoing diffuse flow requlramapfs, must be met. - 0. Bridge deck drains shall nor discharge directly Into the stream, Stormwater shall be directed across the bridges and pre-treated through sfte-spprephate means (grassed swalea pre- formed scour holes; vegetated buffers, ato.) bArg uttering the stream, Please refer to the most currentvetsfon of&onhwdfer6esf Management PraCffces. Exceptions tothiscondifioh require written approval by the Division. - io Compensatory Mitloo on In accordance w1tn95A NCAG 02H ,0606 (h), compensatory mitigation may be required for losses of equal to or greaterthan l60 linear eetof streams (intermittent end perennial} antltor equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts aqual to or exceeding 160 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules In effect at the time of apptfgatlon for activities classified as "Allowable with Mltlgatian' pr' Prohibited" within the Table of Uses. - n .n. ..u_._.u,.. u ._u__� _ aua._.,.p Y .. �nnuiva.«nnln Slidll'He nieAe iRbOnta Water Quality Certification No. 3680_ - 4 ) 1 Water Quality Certification No. 3890 11. Relocated stream designs should Include lhe.same dimensions, patterns, and profiles as the: -existing channel (or a stable reference reach U 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 ohair-der uniftthe banks are Stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establish ment;of a 30 -foot wide wooded and an adpooent20400t wlda Vegetated buffer on both sides of the relocated channel to the maximum extent praotleal . A transitional phase incorporating appropriate, erosion controf matting materials and; seedlstg establishment Is allowable, however malting that incorporates plastic mash and/or plastic twine shall not be Used In wetlands, riparian buffers or floodplain as racommanded by the North Carolina Sediment and P.rbs,on Control Manual RIP- rap. A -Jacks gonorete gablons or other Hard structures maybe allowed lf8 is natessalyto maintain tho, physfQa(inte� of the stream; however, the - applicant must provide written justification and any, calculations use� emrufmothee end—� ofrip-mpeoverage, Pleasenotothotffkhestrealq,[olooatlanl'sconductadasestreem - restoration as defined in the US Army Corps of Rngineers Wilmington District, A'pri 2003 S,tmam Mingatlon Guldelrnea,(orIts subsequent,` updates), the'restored length maybe used ascompensalorymitigation for fine impacts resulting from the relocation - 12, S'tormwater Management Plan: Requirements 1 - All as shall address stormwater management throughout the entire project, area per the4TI$tormwaterRequirements, referenced 34mirlas"ANachmentA at the end ofthis Certglcaflon 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 ere not altered and allow far aquatic life movement during low flows. Existing stream dimensions (including the Pros$ section dimensions,, pattern, and longitudinal preftle) must be maintained' above and below lbcatlods of each culvert, When topographic constraints indicate qulvert slopes of greater than 5%, culvert burialis not required, provided that all alternative options for flattening the slope have been Investigated I and aquatic life. movement/ connectivity has been provided when possible (rock ladders; crossvanes, eto). NotiNcetlon to the Division including supporting documentation to Included j location map of -the culvert, culvert profile drawings and elope calculations shall be provided. . to the Division 80 days prior to the Instal of the culvert, When bedrock Is, present In culvert 10080008i Olvert burial lanot;require¢ provided that there - issufficient ddcumentaflonoflha'preaenoa,of bedrock, Notification to the Division including soppoding documentation such as', but not limitedto, a looatlon map of the culvert, j g=o Pchnloal reports photographs, ehvshall be provided to the Division a minimum of 80 7 deye prior to the installation of thaculvert If bedrock is discovered during construction, then the: Division shall be notified by phone or elnafl within 24 hours of discovery, If other site-specific topographic constraints preolude the ability to bury the ouiverts as described above andlor It can be demonstrated thathurying the culvert would result In _ I destabilization of the channel, then exceptions to this condition require application submittal to, and wrftten approval by the Division of Water Ovellty, regardless of the total Impacts to streams or wetlands from the project. Wafer Quality Cettif1catlon No. 3890 - 5 Water Quality Certification No. 3690 Installation of culverts In wetlands must en$ura contmolty of water movement and be designed to adequately accommodate high water Or flood dotlditions, Additionally, when roadways causeways or other flh projects areoonstmptad across 5EMA designated floodways or wetlands, openingssuchas culverts or bridges must be provided to maintain the natural hydrology of the System as well as preventoonsltiction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and ether $Oft,stream bank stabilization techniques most be used where practicable Instead of rlprep.or other bank hardening methods, 15. All temporary pipes/ culverts/ riprap pads etc shall be installed In all streams as outlined"in the most recent edition of the North Carolina Sediment and k5ms(On Controf Planning and Design Manuair the Norfh Carolina Sur/ace Miring Manll$f to as not to restrict stream flaw or cause dis-equlllbdum duringuse. of this General Corllfeed0n, - - 19 Any riprap required for proper culvert placement, stream stabilisation or restoration of " temporarily disturbed areas shall be restricted to the area directly impacted by -the approved construction activity. All nip-rap:Ahall buried and/tif keyed In" such that the original stream elevation and streamhank contours ate restored and Maintained, Placement of rip -raper other approved materials shall not result in da•5ta41114atlon Of the stream bed or hanks Vpsmaam or downstream of the area. 1t1, A one-time application of fertilizer to ra astagli9h vegetation KAI16wed in disturbed areas Including riparian buffers but is rEatrlcfed 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. 10. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant Most be buildable, without additional impacts tostreams orWetlands. Theapplleant is required to provide evidence that the lots are bulldable without requiring additional impacts to wetlands, Wafers or buffers If required to do so In Writing bytle Division. For road construction purpoee%jhls Certification shall only be utilized from natural high ground to netufalhigh ground, 20.. Deed notifications or similar regcha isms shall'be placed on al retained jurisdictional Wetlands waters, and protective buffers withinthe praleot boundaries in order to assure - compliance for future Welland, crater, and bufferimpacf These meehanismashatl be but in place at the Hma of rgo rd rdina oP the prooartV or of ln�i-Nitlual�d}4�, Whlahaver is abnrdoriate. A sample dead notificatku. can be downloaded from the 4A7/Wetlands Umt web site et h /(omrtal ncdenf OrdlWe /wars dlws/AA1/nertsandbaYmhsiaomlV/forms. The text, of the sample deed nOtiHcation may be:moddled as appropriate to suit to a specific proje% Documentation of deed notifications shall be provided to" the,Dluisign upon request, Water Quality Cartlfloation No, 3890 M Water Quality Certification No. 3890 21. If an environmental document is required under the Natlonalor State Environmental Policy Sgnificant ImpaoQor FON$0 or Record of Decision (ROO) i is, then this General Certification is not slued byd until athe StateFinding Of Clearinghouse. 22, In the twenty(20)coastal counties, the appropriate DWQ Regional Offlca must be contacted to determine If Coastal StormwatEr Regulabods'will be required. 23 This General Codification does not relleve the applicant of the responsibility to obtain all other - required Pectoral, State, or Local approvals. 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 oardfloate of completion attached to the approval. Ono copy of the ser ificate shall. be soot to the. DING Central Office in Raleigh Of 1650 Mail. Service Center, Raleigh, NO, 27699-15510. 25. Add Worst sfte-spe4dic conditions,including monitoring and/or modeling requirements, may be added to the written approva ,letterfor protects proposed under this Water Quality Certification. in order to ensure compliance. with all applicable: water quality and aHlitent 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 data of rho - cOrraspondipg Nationwide and/or Regiohal General Permit The conditions in effect on the date of Issuance of Certification for a:specific project shall remain in effect for thelifeof the project, regardless of the expiration date of this CeMlflooelorl Nnn-rmmblinnee with or violationcribs conditions herein set forth bya specific project may result The Director of the North Carolina :Division of Water Quality may require subm188iod application for Individual Certification for any project In this category of activity If It is that the project is likely to have aslgnifloaut adverse affect upon water quality, incluc federally listed endangered or threatened aquatic species, or degrade the waters so uess of the wetland or downstream waters are, precluded. Water Quality CeMification No 3890 7 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 Carobpe. DlNslob of Water Quality. Effectivedate: March 10, 2012 i DIVISION OF: WATER QUALITY SY Charles Wakild, P.E t Director Water Quality Certification No 3090 C i 7- Water Quality Certification No. 3890 Attachment A; 461 Stofmwater Raqutromente- The requirements listed below shall be Implemented in order to comply with Condition 12ofthis 0engral.Certrflcaticn,. For the North Carolina Department of Transportation, compliance with NCDQT's Individual NPDEB permit V08000250 shall serve to satisfy the 401 and Isolated Wetland StormwaterRequiremems. A. Design and Implementation Requiromente, All projects, regardless of projact area, amount of built -upon area or amount ofjudsdictlonai impact, shalt meet the following. stgrmwater design requirements: prior to Jt, Vegetated Setbacks. A80 -foot wide vegetated setbadk Must be maintained adjacent to Of .ulred by state rules aroma y contain , rtlons of the with and maintained. Ili.. Construction and Operation. The stormwafer management plan must be constructed and operational before anypermanent building of other structure Is occupied or utilized at the sne The atdrmwater management plan, including drainage patterns, must be maintained m perpetuity.' Iv. in k Stcrmwaterposlon Reriulremsnts for Pro acts Not Roverad Under Itorn (IV). Projects tfart'ale not Subject another Dl4! stormwatef program or a Certified Community`setormwater program shall meet all of the fallowing requirementsl a t,oW Density. A site is low dansity If all the following requlremantsare mets 1 Thadevelopmenthas a builtupon area of twenty-four percent .(24%)or less, dbheldoring both ourrent and future development. When determining the amount of built upon Area, coastal wetlands shall bamoiud'ed; however, ponds lakes and dyers as specified fnNorth Carolina's Schedule of Classibcahons shall be excluded If a portion of protect has -a density greater then 2401w, the higher density area must be located in s0 upland area and slay from surface waters and dralnagawaystothe maximum extent practicable. 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; oWQ Storydwafor Best Monagament.Fractices, Manual. Alternative designs may be approved it the applicant canshow that the design provides Water Quality Certification No. 8890 9 Q i Water Quality Certification No, 3890 equal or better water quality protectibrf than Ins practices specified in: the manual. The project must not include a at 6hrmateircolleollIm system (suail'as piped conveyances) as defined. in 15A NCAC. 02D .0202(60f, b. High Density. Prdjeots that do hot meet the,Low lionsity requirements shall meet thefollowing requirements: 1.. Stormwater runoff from the entiresite must be treated by structural stormwater that 2. All BMPsmust :bedesigned inaccordance win in&version ofthe :NCDWQ Stormwater Best Management Pfa&#;O&'MaUual that is In place an the date of stormwater management plan submittal Alternative designs maybe approved If ms applicant can show that the design provides equal at better water quality protection than the practices specified in the manuals 3. DWQ may add specific stornnWater Management requirements, an a case-by- case basis In order to ensure'that a, proposed' aollvity Will net vtOlato water quomy stondards.fo Q DWQ may approve Low Impact Developments (LIDS)that meet the guidance 801 forth in the Low Impact Devalgpmert A Quiddbadkfor North Carolfna't 5 Proposed new development undertaken W a local government so101y as a public road projeotshall-follow the requitemants of the NC COT BMP Toolbox rather than )h3ms:(1)-(4) abave:rt - 1,projects that Oro SOJecho: Another DIA10 StormWstse Program: Iftheproject is subject to another DWQ stormwater pro mm, such as the 20 Coastal Counties, HOW;. CRW or sPate•implemeated Phase 11 NPR% the applicant snalI sutimita copy of the stormwater approval letter before any Impacts occur onsite.' it projects that are Subject to a Certified. Community's Stormwater program. if the proleot is subject to a dertiflf d lapel governments stormwater program then the applleant- shall submit one set atapproved stormwater management plan details and calculations. with documentation of the Ideal government's approval before any impacts occur on8ite e Ill, PMb eoeo Not Covered Under items (1) Or Ill). If the project is not subject to another D Stormwater Program or a Certified Community's stormwater program, then it shall be mvieWed and approved by the DWQ through the Water Quality Certification authorization proeass, a, LOW Density. For low density projects,' the applicant shall submit two copies Of the DWQ LOW Denslty Supplement Form. with all required items 10 Water Quality Certification NO. 3090 - 10 Water Quality Certification No, 3890 i b High Density. For high density projects, the applicant shall submit two poples -df a DWQ BMP Supplemer"I Form and all required items at the specified scales for each BMP that is proposed,' r r iv. Phasing..StormWater Management plana may be phased on a case -by Lasa basis, with the submittal 'of a final atormwater management plan per Items (#}(iii) above required tot thecurrent phase and a concepluaf stomrivener management plan for the future phase($). Thestormwater management plan for each future phase mist be approved by the - approprlateen➢ty before eonstruc4on of thatphase is Commenced. The approved stormwater managementplan for each. future phase must, be constructed and operational before n, permanent building or other structure aasoclated: with that phase Is „ n� d V. Stormwatef Management Plan Modifications, The storhlw@ter management plan may not bemodifiedwithout prlorWrltten authorization from the entity that approved the plan If the project is within a Certified COmmuMly, then the applicant shall submit one setof 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 poples of the appropriate Supplement Forms per Item (iii) above for any BMPs that. have been mud f 6d for DWQ'sreview and approval _ The stormwater requirement for 401 applications is ccdlfied In 15A NCAC 02H .050,02)(6) and : Nonerosive discharge rates are required in SL 2008211§2{b}(1). The 10 -year design storm. standard Is coddfed in15A NCAC 02H 1008(f)(2) and .1008(g)(1). ' 30 -foot vegetated setbacks pre required In SL 20176.246§9(d) SL 2008-211§2(b) 15A NCAC 02FC,1008(Z)(C) and J007(1)(a). _ 0 on procedure to streamline the permitting process and reduce: any unnecessary review of stgrmwater management plans. upon area thresholds are set 10:54 800824Q§0(o) and SL 2008-211 §2(b).. NSW' Waters are set forth In 15A NCAC 02B.0232 16A NQAC 02B .0257(4)(1), 15A NCAC 025 0205(3)(8) and 15A NCAC 02B .0277(4) a The 6,tcrmwater BMP Manuel Is alsoreferencedin 16A NCAC 028.0265(3)(a) And,.0277(4)jaa', is The requirement for DWQ to ensure that wafer quality standards are protected before issuing a 4,01 pett41ca6on iscod fladln 1SA.NCAC 02H .06061, fr The LIDTOolbox is also referenced in 16A NCA© 4211.0277(4)(g)• ' The term pubito road project" Is defined 05A NCAC 026 .0205(3)(9), 13 Conveys application procedure to streamline the permitting process. 14 Phased development is addressed as a 410MM06 plan of deve(opmenf in 15A NCAC Q211 .1043(3). is Procedures for Modifying stormwater plans are set forth in 15A NCAC 02H.1011. Water quality Certification No, 3890 11 K1111C-0 Water-Resources, ENVIRONMENTAL ORALITY PAT MCCRORY caMaraor DONALD R. VAN DER VAART saeremy S. JAY ZIMMERMAN Arearor WR Project No.: County: Applicant: _ Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-.1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification L I hereby state thak 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 cue 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 1, 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. vURofNOMCvo— I EnYimu LI udiry I WMm RNA—A 1611 Mad service CETU I Raldyb. Noah Camlina 27699-1611 9197079000