20160751 Ver 1_Approval Letter_20170126

Water Resources M
Environmental Quality
January 26, 2017
Broadwell Land Company
Attn: Dohn Broadwell, Jr.
P.O. Box 53587
Fayetteville, NC 28305
ROY COOPER
MICHAEL S. REGAN
.s'eeretmy
S. JAY ZIMMERMAN
Director
DWR # 16-0751
Cumberland County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Elliot Farms Phase 1A & B
Dear Mr. Broadwell:
You have our approval for the impacts listed below for the purpose described in your
application dated July 7, 2016, received by the Division of Water Resources (Division) August 1,
2016 and additional information provided. 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 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 (c)].
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-161.1
919-707-9000

Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands Impact 1
0.101 (acres)
(acres)
404/401 Wetlands Impact 2
1 0.127 (acres)
(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. 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 on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or
leased borrow pits associated with the project.

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 waters is unavoidable, design and placement of temporary
erosion control measures shall not be conducted in a manner that 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 Division of Energy Mineral and Land Resources, permit
number SW6161201 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 401 and Buffer
Permitting 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 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 [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
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:
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,
Trent Allen
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 3890
cc: Mike Eaker —Southeastern Soil & Environmental Associates (via email)
Emily Greer - USACE Wilmington Regulatory Field Office (via email)
DWR FRO 401 files
DWR 401 & Buffer Permitting Unit (via email)

h'
w
Water Resources
Environmental Quality
DWR Project No.:
Applicant:
Project Name:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Direclor
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. 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:
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:
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: Registration No.
Date
Notlling Compares
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-161 1
919-707-9000

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 0213.0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 44, and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
0213 .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 set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream, including temporary and/or permanent impacts; or,
c. Any stream relocation; or
d. Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program (such
as, but not limited to, Coastal Counties, HQW, ORW or state -implemented Phase 11
NPDES) or a certified community's stormwater program; or
per
e. Temporary or permanent impacts equal to or greater than 6ne-tenni (1710) acre o weflands
or open waters; or
f Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -1, WS -II, 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 02H.05061; or
h. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
DWQWetland 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
L Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.30(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Activities, Included in this General Certification that do not meet one or mresnoias
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 those Conditions cannot be met,, then
written approval from the Division Is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, Including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that, no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifir
governing the proper design, installation and operation and maintenance of such
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such: that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and ErosionControl Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
recent version of the
North Carolina Surface Mining Manual..
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or Watersheds classified' as Primary Nursery Areas (PNAs),
SA, WS -I, WS -ll, High Quality (HQW), or Outstanding' Resource (ORW) waters, then the
sedimentation and erosion Control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds,
Water Quality Certification No. 3690

Water Quality Certification No. 3890
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit 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
hftp://t)ortal,ncdenr.orci/webfwci/ws/su/npdessw#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 (NCS000260) 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.
nal Marine Fisheries Service (NMFS) to lessers impacts on trout, anadromous
-larval fishes and crustaceans, or other aquatic species of concern shall be
xceptions to this condition require written approval by the resource agency
the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6, Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rockberms, 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. 3390
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas :(whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and: constructed in accordance with 15A NCAC 02B 0233, ,.0259,
.0243, .0250, .0267 and .0605, and shallbe located, designed,, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete is used during the construction, theft all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream, Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swates, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any, project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
General Water Quality Certification for tt
Design and monitoring protocols shall to
District Stream Mitigation Guidelines (AK
mitigation plans shall be submitted to th(
protocols. The mitigation plan must be ii
occur on site Alternatively, the Division
mitigation bank. in these oases, proof of
any impacts occur on site.
tationwide and/or Regional General Permit.
the US Army Corps of Engineers Wilmington
003) or its subsequent updates. Compensatory
vision for written approval as required in those
amented and/or constructed before any impacts
accept payment into an in -lieu fee program or a
yment shall be provided to the Division before
Water Quality Certification No. 3890 4

Water Quality Certification No. 3890
11. Relocated stream designs should include the;
existing channel (or a stable reference reach ii
maximum extent practical. The new channel e
not be turned into the new channel until the be
stabilization shall be limited to native woody sl
30 -foot wide wooded and an adjacent 20 -foot
relocated channel to the maximum extent prac
appropriate erosion control matting materials E
however matting that incorporates plastic mes
wetlands, riparian buffers or floodplains as rec
and Erosion Control Manual. Rip -rap, A -Jack;
may be allowed if it is necessary to maintain tt
applicant must provide written justification and
of rip -rap coverage. Please note that if the str
restoration as defined in the US Army Corps o
Stream Mitigation Guidelines (or its subsequel
as compensatory mitigation for the impacts re:
12. Stormwater Management Plan Requirements
sions, patterns, and profiles as the
I channel is unstable); to the
hstructed in the dry and water shall
Aized. Vegetation used for bank
should include establishment of a
ted buffer on both sides of the
sitional phase incorporating
establishment is allowable,
stic twine shall not be used in
by the North Carolina Sediment
gabions or other hard structures
ntegrity of the stream, however, the.
tions used to determine the extent
on is conducted as a stream
Wilmington District, April 2003
the restored length may be used
the relocation.
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life; movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
inches, to allow low flow
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all, alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project,
Water Quality Certification No, 3890

Water Quality Certification No. 3890
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where, practicable instead of riprap:or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
I& All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for v@Ipcity control and to ensure structural integrity of hank
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 tots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters; and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A.
sample deed notification can be downloaded from the 401NVetlands Unit web site at
http•//portal ncderir oro/web/wo/swp/ws/401 /certsandpermitslaoplV/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 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 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..
25. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
26. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director; an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity If it is determined
that the project is likely to have' a, significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded,
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Public hearings may be held for specific applications or group of applications prior to a
Certification decision If deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
M
Charles Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3890 issued March 19, 2012 replaces
WQC Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402
issued March, 2003; WQC Number 3362, issued March 18, 2002; WQC 3267, issued June 1,
2000; WQGs 3106 and 3108 issued February 11, 1997, This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional General Permits andlor when deemed appropriate by the Director of the Division of
Water Quality:
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Attachment A. 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
i. Non -Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non-erosive velocity prior to
entering the stream or wetland during the peak flow from the ten-year storm.
VegetatedSetbacks. A 30 -foot wide
streams, rivers and tidal waters in are
Protection Rule or other more stringer
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'v
vegetated setback may be cleared an
in grass or other vegetative or plant m
I setback must be maintained adjacent to
e not subject to a state Riparian Area
ed setback requirements. The width of
the normal pool elevation of impounded
and the mean high waterline of tidal
-tback and filters required by state rules
vith this requirement and may contain
Non -jurisdictional portions of the
but must be planted with and maintained
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any.permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity.4
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
CcastbI Counties; H0W ORW or state-iM016 Tented Phade'II NPDES, or a Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plan.6
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. A site is low density if all the following requirements are met:
1. The development has a built upon area: of twenty-four percent (24%) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24%, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.6
2 All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual Alternative
designs may be approved if the applicant can show that the design provides
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Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B.0202(60) .7
b. High Density. Projects that do not meet the Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty-five percent (85%) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP),'
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual.9
3. DWQ may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards. t0
4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development; A Guidebook for North Carolina."
5, Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above. 12
B. Submittal Requirements. The
that require written authorization
as projects that require an Isolat
be sent to the Wetlands, Buffe
listed below apply only to projects
icable General Certification as well
iy required documentation shall
mpliance and Permitting Unit at
i. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW
QRW or state -implemented Phase ll NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site. 13
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.5
iii. Projects Not Covered Under Items (i) or (li). 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
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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 pians 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 managementplan for each future phase must be constructed and operational
before any, permanent building or other structure associated with that phase is
occupied.
v, Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record' -keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any,BMPs that have been modified for DWQ's review and
approval,15
The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
x (c)(5)
Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10 -year design storm
standard is codified in 15A NCAC 02H. 1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006246§9(d), SL 2008-211§2(b), 15A NCAC
02H .1006(2)(c) and .1007(l)(a).
--Construction.and maintenance..of the,stormwater plan is necessaryto satisfy 15A NCAG.02H .
.0506(b)(5).
e Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
e Low density built upon area thresholds are set in SL 2006-246§9(c) and SL 2008-211 §2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006-246§9(c), SL 2008-211 §2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 0213,0265(3)(a) and .0277(4)(e).
e 85% TSS removal is required in SL 2006-246§9(d), SL 2008-211§2(b), 16A 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)(x) and 15A NCAC 02B .0277(4).
9 The Stormwater BMP;Manual is also referenced in 15A NCAC 02B ,0265(3)(a) and.0277(4)(e),
10 The requirement for DWQ to ensure thatwater 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 in15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
t4 Phased development is addressed as a 'common plan of development" in 15A NCAC 02H
.1003(3).
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H, 1011.
Water Quality Certification No. 3890 11