HomeMy WebLinkAbout20170133 Ver 1_Approval Letter_20170224C4.
ROY COOPER
Gmernm
MICHAEL S. REGAN
Scoria'),
WS. JAY ZIMMERMAN
Water Resources
Dlrrcmr
Furvirairgesual Quality
February 24, 2017
Larrabe, LLC
Attn: Todd Miller
2024 Nix Creek Road
Marion, NC 28752
R&M Equipment Company, LLC
Attn: Rob Noyes
104 Mull Street
Morganton, NC 28655
DWR # 17-0133
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Countryside BBQ Driveway Improvements
Dear Mr. Miller and Mr. Noyes:
You have our approval for the impacts listed below for the purpose described in your application
- dated January 25,201.7 -and received by theDivisionof Water Resources (Division) on January `
30, 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 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
SmtearNatth Ctuihi a I Environmental Qua a, I Water Ra......
2090 U S. Highway 70, Swann roa, Posh Carolina 28778
828-296-4500
Countryside BBQ Driveway Improvements
DWR4 17-0133
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact Sl
10 (linear feet)
Impact S2
40 linear feet)
Impact S3
10 (linear feet)
Impact S4
50 linear feet
2. This approval is for the purpose and design described in your application. The plans and
specifications for this prof ect 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. 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
02H .0506.(b)(3) and (c)(3) and 15A NCAC 02B.0211(12)]
4. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other 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'prnat the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call (800) 558-0368.
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), 15A NCAC 02B .0211(12), and GS 143 Article 21A]
5. Natural fiber mattingis recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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 02H .0506 (b)(2) and (c)(2)]
The pexmitee 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)]
Countryside BBQ Driveway Improvements
DWRB 17-0133
401 Approval
Page 3 of 4
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 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
Ifsending 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:
William F. Lane, 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 ncdem.gov if you have any questions or concerns.
Sincerely,
�
Z" an Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Countryside BBQ Driveway Improvements
DWR# 17-0133
401 Approval
Page 4 of 4
Enclosures: GC 3890
Certificate of Completion
cc: John Vilas — McGill Associates, P.A. (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NC WRC (via email)
Stan Aiken— Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQWicDo 11\401s\Non-DOTCountryside BBQ Driveway ImprovementsWPRVL.Coadrya& BBQ Driveway
Improvements_ 02.N 2017.docx
Water Quality Certification No. 3890
GENERAL CERTIP CAION FORPROJECTS ELIGIBLE
FORT :S. ARM CORPS OF ENGI EE TIO WIDE PERMIT
NUMBERS'781MINOR DISCHARGES). -'29 (RESIDENTIAL DEYELOPMENTI
391COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS_),
41(RESHAPIN I�EXISTING DRAINAGE DITCHES). 4ZIRECKEATIONAL.FAUILITIESI.
44 (MININGACTIVITIES), AND 46 QISCHARGE9IN OITCHESI.
AND RIPARIAN AREA PROTECTION RULESIBUF ERRULE31
Water Quality Certification Number 3890 is issuedin conformity with the requirements of Section.
401, Public Laws 92.500 and 95-217 of the United .States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations. in 16A 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
nota part of the surface tributary system to interstate waters or navigable waters of the United
States as described in 3$ CFR 330 Appendix A (B) (18, 29, 38 41, 42, 44 and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
02B.0200.
The State of North Carolina certifies that the specified category of activity Will not violate
applicable portions of Sections 301, 502. 303, 306 and 307 of the Public Laws 02-600and :95 217
if conducted in accordance with the conditionshereinafter set forth.
Activities meeting any one (1):of the following thresholds or circumstances require written
approval for a 401 Water Quality Certificationfrom the Division of Water Quality (thee
"Division"):
a. Any impacts to streams involving excavation: or dredging;. or
b. Total stream impacts within the project boundaries equal to or greater than 160 linear feet
of stream Including temporary and/or permanent Impacts; or
d. Any stream relocation or
d. Any impact associated with a high density. project (as defined in Item (A)(iv) of the 401
SformwaterRequirements) that is not subject to either 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
e. Temporary or permanent lmpaefs aqua to or Brea er than one-tenth 'i -Ill core Of Wetlands
or open waters;. or
f. Any impacts to wetlands adjacent to waters designated as: ORW,SA,WS•I W911,or
Trout,or wetlandscontiguous to waters designated as a North Carolina. or National Wild
and Scenic River; or
g. Any impacts to coastal wetlands [I 5A NCAC 07H .0205)], or Unique Wetlands (UWL) (15A
NCAG 02H .05061or
h. Any impact associated With a Notice of Violation or an enforcement action for violation($) of
DWQ Wetland Rules (16A NCAC 02H 0500). Isolated Wetland Rules (15A NCAG 02H
.1300), DWQ Surface Water or Wetland. Standards, or Riparian Butter Rules (15A NCAC
0213 .0200); or
-i: Any impacts to streams and/or buffers in. the Neuse, Tar -Pamlico or Catawba River Basins
or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless the activities are listed'. as `EXEMPT' from these rules or a Buffer Authorization
Certificate is issued through N.C.Division of Coastal Management(DCM) delegation for
In accordance with North Carolina General Statute 143-215.3D(e), written approval: for a 401.
Water Quality General Certification must include the appropriate fee. If a project also requires
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No, $890
Water Quality Certification No. 3890
Activities Included In this GeneralCertification (Oat do not most one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certificationlisted below. Ifany of those Conditions cannot be met,. then
written approval from the Division is required.
Conditions of Certification: -
t. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste spoil :solids or NII of any kind shall occur in wetlands waters or riparian areas
beyond the footprint of the impacts depicted In the Pre-Constmotion 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 anderosion control Best Management Practices shall be performed so that no.
violations of state Water quality standards statutes, or rules occur. Approved plans and
specifications. for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
;Erosion and sediment control practices must be In full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and If applicable, comply with the specific conditionsand
requirements of the NPDES.Construction Stotmwater Permit issued to the site:
a. Design, Installation operation, and maintenance of the sediment and erosion control'
measures must be such: that they equal or exceed the requirements specified In the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
mostrecent
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d, Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment. shall be on site at all times.
e. If the project occurs in Waters or watersheds classified. as Primary Nursery Areas (PNAs),
SA, WS -I, WS -II, High Quality (HOW), or Outstanding Resource. (ORW) waters, then the.
sedimentation and erosion. control designs must comply with the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
Water quality Certification No.: 3890
Water Quality Certification No. 3890
3. No Sediment and Erosion Control Measures in Wetlands or. Waters
Sediment and erosion control measures shall not be placed in Wetlands waters.
Exceptions to this condition require appllcatlon submittal to and written approval by the
Division, If placement of sediment and erosion control devices in wetlands and waters Is
unavoidable, then. designandplacement of temporary erosion oehbol measures shall not be
conducted In. a manner, that may result In die -equilibrium ofwetlands, 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 stormwaterto 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 &
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
oftheirindividual NPDES (NCSOD0250) 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.
I trout, anadromous
concern shall be
resource -agency
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 INC Sediment and. Erosion Control Manual, or the NC DCT
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 (whether
or
to have minimal disturbance to protect water quality to the maximum extent, practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete Is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state Water
that inadvertently contacts uncured concreteshall 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 awales, pre-
formed scour holes, vegetated buffers etc) before entering the stream. Please refer to the
10. Compensatory Mitigation
In accordance with f5A NCAC: 02N 0008 (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 160 linear feet per stream shall requite mitigation.
'Buffer mitigation may bereq uired for any project with Buffer Rules In effect at thetime of
application for activities classified as "Allowable" with Mitigation" or Prohibited"within the
Table. of Uses.
7y -
:Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream MiNgation.Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must beimplemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation. bank. In these cases. proof of payment shall be provided to the Division before
anyimpacts occur on site
water Quality Certification No 3890 - 4
Water Quality Certification No. 3890
11. Relocated stream de<.
existing channel (or a
The
appropriate erosion control matting materials;
however matting that Incorporates plastic mes
wetlands riparian. buffers or floodplams as rec
and Erosion Control Manual. Rip -rap, A,tackl
maybe allowed if it is necessary to maintain if
applicant must provide written justification and
of rip -rap coverage,. Please note that if the str
restoration as defined in the US Army Corps
12, Stormwater Management Plan Requirements
as the
ar shall
he North Carolina Sediment
ions or other hard structures
pity of the stream, however, the
e used to determine the extent
s conducted as a stream
mington District, April 2003
restored length may be used
relocation.
All applications shall address stormwater management throughout theentireproject 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 tow flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert,:
other structures in waters and streams must be below the
by one foot for all culverts with a diameter greater than 48
When topographic constraintsindicate culvertslopes of greater than 5%, culvert burial is not
required providedthat 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 culvertculvert profile drawings„ and slopecalculations shall be provided
to: the Division 60 days prior to the installation of the culvert.
When bedrockis present inculvert 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 orwetlands 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 rlprep.or other bank hardening
methods. -
14. All temporary fill and culvertsshall be removed and the impacted area returned to natural
conditions within 80 days of the determination that the temporary impact is no longer -
necessary. The impacted areas shall be restored to original. grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,.
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ dprap pads etc, shall be installed in all streams as outlined to
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the, North Carolina Surface Mining Manua! so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification, -
18.. 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. burled 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 (tensity so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rook or masonry
- material free of debris or toxic pollutants. Rip -rap shalt not be Installedin the streambed
18.. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparianbuffers, but is restricted to no closer than 10feet 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 most be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes,. this Certification shall only be utilized from natural high ground to
natural high ground;
or similar mechanisms shall be placed on all retained jurisdictional
and protective buffers withinthe project boundaries In order to assure
ire wetland, water, and buffer impact. These mechanisms shall be put in
f mrrordlnn of the nronartV or of Individual lots. Whichever is appropriate. A
of the
sample deed noaticatlon may pe moanlea as appropriate to suit to a spear
Documentation of deed notifications shall be provided to the Division upon
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 appiieant/parmlttee 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(4) 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 uponcompletion 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, NO, .27699-1650.
26. Additional site-speolflo conditions,including monitoring andlor 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 staffuponthe 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 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 aquaticspecies, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3890
Water Quality Certification No. 3890
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision If deemed in the publics best interest by the Director of the North Carolina.
Division of Water Quality.
Effective date: March 99,'2092
DIVISION OF WATER QUALITY
By
Charles Wakild, P.E.
Director
HlstoryNote 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, 200$' WQC 3287, issued June 1,
2000; WQCs 3106 and 3108 Issued February 11, 1997, This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide, or
Regional General Permits 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
NC¢QT's Individual NPDES permit NCS000260 shall serve tosatisfy 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 velocityprior to
entering the stream or wetland during they peak flow fromthe ten-year storm.
0. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacentto
streams rivers and tidal waters in areasthat are not subject to a state. Riparian Area
Protection. Ru Is or other morestringent vegetated setback .requirements. The width of
the setback: shall be measured horizontally from the normal pool elevation of impounded
structures the top -of -bank of: streams and. rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may Contain
coastal, isolated or 404 jurisdictional wetlands Non -jurisdictional portions of the
vegetated setback may be cleared and graded, but most be planted with and maintained
In grass or other vegetative or plant material.3
ill. Construction and Operation. The stormwater management plan must be constructed
and operational beforeany.permanent building or other structure is occupied or utilized at
the site The stormwater management plan, including drainagepatterns, must be
maintained in perpetuity.4
iv. Coordination with
M mierne r
maintained in
compliance with
v. Stormwater Design Requirements for Projects Not Covered Under item five.
Projects that are not subject to another DWQ stormwater program ora Certified
Community's stormwater program shall meet all of the following:requiremebtV
a Low Density, A site is low density if all the following requirements are met:
i. The development has a built upon area of twenty -Pour percent (24%) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall beinduclK however, ponds, lakes and
rivers as specified to North Carolina's Schedule of Classifications shallbe
excluded If a portion of project has a density greater than 24%, the higher
density area must be located in an upland: area and au ay from surface waters
and dramageways to the 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 DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved If the applicant can. show that the design provides
Water Quality Certification No. 3690 9
Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual:
The project must not Include a stormwater collection system (such as piped
conveyances). as. defined in 15A NCAC 028:0202(60),'
b High Density. Projects that do not meet the, Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entiresite must be feasted 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),s
2. All BMPs must be designed. in accordance with. the version of the NC DWQ
Stormwater Best Management Practice$ Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved If
the applicant can show that the design provides equal or better water quality
protection than the practices specified in the manual.
3 DWQ may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards. fo
4. DWQ may approve: Low Impact Developments (LIDS) that meet the guidance set
forth in the Low Impact Development A Guidebook for North Carolina."
6, Proposed new development undertaken by a local government solely as a public,
road project shall follow the requirements of the N£ DOT BMP Toolbox rather
than :Items (1)-(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
thatrequire written authorization as indicated to the applicableGeneral Certification as well
as projects that require an Isolated Wetlands Permit Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater C6mollaaee and Permitting Unit at
i.. Projects that am Subject to Another DWQ Stormwater Program: Ifthe. project is
subject to another DWQ stormwater program such as the 20Coastal Counties, HQW,
ORW or state -implemented Phase II NPDES, then the applicant Shall Submit copy of
the stormwater approval letter before any impactsoccur 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 detailsand calculations
with documentation of the local government's approval before any impacts occur on site.b
Iii'. Projects Not Covered Under Items IQ or (ti). 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
DWQ BMP Supplement Form and all required items at thespecified scales for each
BMP that is proposed."
iv, Phasing. Stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final stormwater management plan per Items (i)-(iii)above required for
thecurrent phase and aconceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be 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 assoclated with that phase is
occupied.
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization fromthe entity that approved the plan.
If theproject is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation' of
the local 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 (n0 above for any BMPsthat have been modified. for DWQ's review and
approval,"
The: stormwater requirement for 401 applications iscodified in 16A NCAC 02H .0506(b)(5). and
(c)(5).
s Non erosive discharge rates are required In SL 2008.211§2(b)(1). The 10-yeardesign storm:
standard is codified in 15A NCAC 02H .1008(@(2) and 1008(8)(1).
' 30406tvegetated setbacks are required in SL 2006-246§9(d), SL 2008.211§2(b), 15A NCAC
02H .1006(2)(c) and.1007(1)(a).
4 .Construction and maintenance -of theatormwater plan is necessary to satisfy 15gNCAC 02H
.0506(b)(5).
e Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plane
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
2000.248§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 15ANCAC 02B .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) 16A 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 028.0257(a)(1), 15A NCAC. 02B
.0265(3)(a). and 15A NCAC 028.0277(4).
e The Stormwater BMP Manual is also referenced'. in 15A NCAC 02B 0265(3)(a) and 0277(4)(e).
tP The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified In 15A. NCAC 02H .0506.
The. LID Toolbox is also referenced in 15A NCAC 028.0277(4)(g).
12 The term public road. project" Is defined m15A NCAC 028 .Q265(3)(a).
19 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).
Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No. 3890
NC
Water Resources
evmronmomm Qaamy
WR Project No.:
ApplicanC
Project Name: _
ROY COOPER
L'overnor
MICHAEL S. REGAN
Seoemry
S. JAY ZIMMERMAN
Di,,, t,
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
'NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due 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
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 Pemdtee 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
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Sia¢ 9Y Noah Ca�.flna 16nvvamnevWt Quality I wafer Rev9umes
2090 U.S. Highway 70. Swennenoo. Nmr, C.Hno 29978
819 2964500