20071579 Ver 1_Approval Letter_20080725

O?O? W A T ?9QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 25, 2008
Mr. Gary Brown
NC Center for Automotive Research, Inc.
P.O. Box 685
Jackson, NC 27845
Re: NC Center for Automotive Research, Northampton County
DWQ #20071579; USACE Action ID. No. SAW-2007-03219
Arthur's Creek [030208, 23-28, C]
APPROVAL of 401 Water Quality Certification, and Isolated Wetland General Permit with
Additional Conditions
Dear Mr. Brown:
Attached hereto is a copy of Certification No. 3752 issued to Mr. Gary Brown and NC Center for
Automotive Research, Inc., dated July 25, 2008. Also, we have determined that this Isolated Wetland fill
is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters
(IWGP 100000). In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater,
Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
T ly,
Coleen H. Sullins
CHS/cbk/Ym
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
IWGP 100000
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACE
Lauren Witherspoon, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Kim Williams, Land Mangement Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 071579NC_CenterForAutomotiveResearch(Northa m pton)401_IC-IW
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
One
No
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 2 of 5
July 25, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS PERMIT AUTHORIZATION 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 15 NCAC 2H, Section .0500 to Mr. Gary Brown and NC Center for Automotive
Research, Inc., to fill or otherwise permanently impact 2.94 acres of 404/wetlands, temporarily impact
0.076 acres of 404/wetlands, permanently impact 130 linear feet of perennial stream, temporarily impact 84
linear feet of perennial stream, and permanently impact 0.47 acres of Isolated Wetlands, to construct the
proposed automotive research facility at the site, which is located on the south side of Blyth Road, and the
north side of Highway 46, east of I-95, northwest of Garysburg, in Northampton County, North Carolina,
pursuant to an application dated September 14, 2007, and received by the DWQ on September 18, 2007,
and by Public Notice by the U.S. Army Corps of Engineers issued on the 12th day of October of 2008
(received by DWQ on October 16, 2008), and by additional information received on November 29, 2007,
January 9, 2008, May 28, 2008, July 18, 2008, and July 24, 2008. Also, we have determined that this
Isolated Wetland fill (0.47 acres of Isolated Wetland) is covered by the State General Permit for Impacts to
Isolated Wetlands and Isolated Waters (IWGP100000).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This Approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Approval is required. If the property is sold, the new owner must be given a copy of the Approval and
Approval letter and is thereby responsible for complying with all conditions of this Approval. Any new
owner must notify the Division and request the Approval be issued in their name. Should wetland or
stream fill be requested in the future, additional compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change
in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing
and a new application for 401 Certification may be required. For this Approval to be valid, compliance
with the conditions listed below is required.
Conditions of Approval:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Approval are met. No other impacts are approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 3.016 [(acres) permanently impact Application and PN
2.94 acres of 404/wetlands,
temporarily impact 0.076 acres of
404/wetlands]
Isolated Wetland 0.47 acres Application and PN
Stream - perennial 214 [(linear feet) permanently impact Application and PN
130 linear feet of perennial stream,
temporarily impact 84 linear feet of
perennial stream]
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 3 of 5
July 25, 2008
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from 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 down stream 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.
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing Compliance:
Mr. Gary Brown and NC Center for Automotive Research, Inc. shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the 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, the
Division may reevaluate and modify this Approval to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Approval, the Division shall notify Mr. Gary Brown and NC Center for
Automotive Research, Inc., and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Gary Brown
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 4 of 5
July 25, 2008
and NC Center for Automotive Research, Inc. in writing, and shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 90 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
404/Wetland 2.94 (acres) Chowan/03010204; Chowan/03010203
Isolated Wetland 0.94 (acres) Chowan/03010204; Chowan/03010203
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr.state. nc. us/su/Forms Documents. htm. -1
9. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
10. Certificate of Completion
Upon completion of all work approved within this Approval, and any subsequent modifications,
the applicant is required to return the attached certificate of completion to the 401
Mr. Gary Brown and NC Center for Automotive Research, Inc.
Page 5 of 5
July 25, 2008
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Also, this Approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit, and the
authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in your
application and as authorized by this Permit, shall expire upon expiration of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
If this Approval is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Approval. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are
made to an original Approval, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Approval. Unless such demands are made,
this Approval shall be final and binding.
3752
This the 25`h day of y 2008
D IO O R QUALITY
Coleen H. Sullins
CHS/cbk/ijm
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
in accordance with 15A NCAC 2H.0500, Mr. Gary Brown and the NC Center for Automotive Research, have
permission as outlined below to permanently impact 2.94 acres of 404/wetlands, temporarily impact 0.076 acres of
404/wetlands, permanently impact 130 linear feet of perennial stream, temporarily impact 84 linear feet of
perennial stream, and permanently impact 0.47 acres of Isolated Wetlands associated with construction of the NC
Center for Automotive Research, which is located on the south side of Blyth Road, and the north side of Highway
46, east of I-95, northwest of Garysburg, in Northampton County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: NC Center for Automotive Research
DWQ PROJECT #: 20071579
LOCATION: Garysburg
COUNTY Northampton
BASIN/ SUB BASIN Chowan/03010204 and Chowan/03010203
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
2.94 Acres of 404/Wetlands 2.94 Acres of 404/Wetlands
0.47 Acres of Isolated Wetlands 0.94 Acres of Isolated Wetlands
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071579NC CenterForAutomotiveResearch(Northampton)401_IC_IW_EEP
NNoneaCarolina
401 Oversight/Express Review Permitting Unit ? "`tuCall?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (113) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
..North Carolina as amended and other lawful standards and regulations, including
15A NCAC 21-1.1300 and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts I, ll, III, IV, V, VI and VII of this General Permit
Number One.
This General Permit shall become effective on September 10, 2003.
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Klimek, Director
Division of Water Quality
By the Authority of the.
NC Environmental Management Commission
1
This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
, 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.
Conditions of Permit:
Totaling Impacts and Application Requirements:
A. Application Thresholds - Impacts to isolated, classified. streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 1/3 of an acre
require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 1/3 of an'acre east of 1-95 and
1/10 of an acre west of 1-95 require written notification to and approval by the
Division of Water Quality;
4. Proposed -fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unigue Wetlands
(UWL) shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than 1) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling.and Reporting of Impacts:
1. Isolated'Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures-unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
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.
Conditions of Permit:
1. Totaling Impacts and Application Requirements:
A Application Thresholds - Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or.equal to 150 cumulative feet of stream
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 1 /3 of an acre
require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of 1-95 and
1/10 of an acre west of 1-95 require written notification to and approval by the
Division of Water Quality; .
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands
UWL shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than 1) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H.1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling and Reporting of Impacts:
1. Isolated Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
. 2

profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes and Ponds y the Division of Water Quality shall be measured asd
wetlands as determined
t the shall be enumerated on entire project for all impcts
area. Permanent and/or propos d regardless of which 404 Nationwide
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts. the Division of
3. Isolated Wetlands - Impacts to isolated wetlands as determined by wetland.
Water Quality shall be measured as area. Permanent and/or temporary impacts shall be enumerated on the entire project for all imp that reg rdl1es a loss
which 404 Nationwide Permits are used (if any). Any a
of. use of wetland functions considered wetland impacts. dImpacts to wetlands shallining, to filling, excavating, and flooding shall of a wetland.
include activities that change the hydrology
Public Notice requirement - A separate Public Notice and
than 250 dl?ineaPfeet'of isolated
required for all projects which propose to impact more ers streams or more than (Foa impact wetlands or oer
thresholds,tth s'Gene?adance
with 15A NCAC 2H 1303.
Permit is applicable without additional Public Notice.
Y
In accordance an with North Carolina General
Isolated Wetland General or Individual Perm it must include the
application for CAMA Permit, one payment to both
appropriate fee. If a project also requires shall bet a higher of the two fees;
agencies shall be submitted. This payment
Impacts to any stream length for streams regulated by the respective. riparian buffer
rules in the Neuse, Tar-Pamlico, Area Catawba Protection
majo r river basins with Riparian otect on Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
below.
ned'to, apply for written
accordance with NCAC 0 from these rules do nott e
Activities listed ed as "exempt"
concurrence under t Permit as long as they meet the
located in the p otectedtripar an thresholareds vided in
the rules. New development
(whether jurisdictional streams, wetlands,
be limited to uses" identified with nland with
riparian buffer protection n mules shall
constructed in. accordance with 15A NCAC 2B .0200.
All new developsce to protect watery quality to the matt mum,extent practicableo
have minimal disturb
through the use of best management practices;
G. Irrespective of other application thresholds in this General Permit, all dimpacts s requoe
perennial waters and their associated buffers in water supply watersh
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-1), 2B.0213 (WS-11), 213.0214 (WS-III) and 2B.0215 (WS-
IV). Only water dependent activities, public projects and structures with
mus then activites require a variance from the allowed degated local
rules. al government
ated
All other
addition, a 30 foot widelvegetative
and/or the E Permit can be proce sed Commission
Wetis land General
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in
D.
E.
F.
water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
II. On-Site Stormwater Management:
A. Additional site-specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case-by-case basis.
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when a site-specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 2B.01 04(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
Alternative designs may be requested by the applicant and will be
reviewed on a case-by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater programs including appropriate local
programs are sufficient to satisfy this Condition as long as the stormwater
management plans meet or exceed the design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
1. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. Also, before any permanent building or other structure is occupied at the subject
site, the facilities (as approved by the Wetlands Unit) shall be constructed and
operational, and the stormwater management plan (as approved by the
Wetlands Unit) shall: be implemented.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
Compensatory Mitigation: perennial
???• required at a 1:1 ratio for not only p
stream mit acts igation shall that be require application to DWQ ecasea unearth
Compensatory
A,
HQW Tr, WS-I and WS-11 unlessehStream impact
but also intermittent stream imp ect, -foot pr-stream classified as ORW, proj which has a 150
publicly-funded transportation mitigation may be
allowance; 1300, compensatory
?• to 150 linear more of streams and/or ne acre or more o
In accordance with 15A NCAC2r • feet or ro ects, impacts equal
Public buffer
required for impacts
wetlands for an entire project. For linear p Buffer
per stream may require mitigation. In addition,
150 feet p act with Riparian Area Prote
to or axon may be required for any pro], acts resulting Buffer
mitigation may c f 0 a?tNities
Rules) in effect at the time of application for buffer imp wetland
classified as ??allowable with mitigation" within the "T A deterrri nation this section
buffer, General e Permit. of Uses" Rules or require a variance under requirements the I s al be made for any use of
owed and
and stream mitigation reand monitoring protocols from DWQ shall be followed must
i red in those protocols. The most current design
uired for a project, the mitigation plans
written plans submitted for rDt Wa onesroyal req as requ roved by the Permit occur,
When compensatory g before the impacts app Ian must be
be appro ved by DWQ' in writing' royal letter. The mitigation p
ecified in the app er The building or structure on site is
unless otherwise sp ro ects, the mitigation plan must be
implemented and/or const ubl cdroad pr 1 ny p ublia. Please note that if a
occupied . In the case of p ed to the travelling p
implemented before the road is open a April 2001 or
ion is conducted as a stream 'r restoration as defined in Thefesult ag
Technical its successor), the
stream al Guide for Stream Work in North acts
th can be used as compensatory mitigation for the imp
restored leng be
the relocation;
project involving re-alignment of streams, a stream rely ca?ov plan must Relocated
C, 'For any p application for written at e Qs and profiles as the
included with the General Permit app channel is unstable), The
stream designs should include the same reach if td existing water shall not be turned into
existing channel (or a be const u reference cted in the dry fa an, used for bank stabilization stable new channel should be c Vegetation 30
ton , and oulinclude e buffer on stablishment oba
new channel until that banks woody s ecies stabilized. Veg vegetated both sides Of the
shall be limited acent 20 foot wide ecific basis y
foot wide wooded and an adj allowed on a site-sp
coir fiber and seedling establishment is allowable.
relocated channel. A smaller er may be be allowed if it
A transitional phaseincorporating concrete, or other hard structbut the applicant must
Also, rip-rap, A-Jacks, con, 9 of the stream,
to maintain the physical integrity e the practical on-
is necessary cation and any hydraulic calculations used to determine t e
provide written justifi e requested. If suitable stream mitigation is not ra coverag
im act will oneedn to as be de ne mitigated elsewhere. If stream relocation is
extent of rip- P in The Internal Technical Guideer
site, then stream P 2001, the res
conducted as a stream restorati fo
(April 2001 or its. successoac'ts resulting from the
Stream Work in North Carolina at ry mitigation for the imp
length can be used as compens
be
relocation;
er structures installed in waters aIlow streams, flow and passage wetlands of must water and
low
D. Culverts and oth passage would be
placed below the elevation be shc of the' streambed s including open bottom or bottomless
shall
aquatic life unless it can bacement of cul ert that p rovilow control mea
impractical. Design and p temporary erosion ol me or
result in aggradation, degradation a r to or
arch culve du conducted other
manner that may nn s or stream beds or res not be con hydrology of wetland or banks,
significant changes in
upstream and down stream of the above structures. The applicant is required to
provide written evidence that the equilibrium shall be maintained if requested to do so
in writing by DWQ. 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 aggradation,
degradation or significant changes in hydrology of streams or wetlands;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual". If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best. Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
B. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site-specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit is used to access building sites, all lots owned by the applicant must
buildable without additional fill beyond that explicitly allowed under ot be
her General or
6
Individual 401 Water Quality Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to wetlands, waters or
this Permit
purposes,
ed do so in wr
buffers if required
from natu all high grou d to natural high ground;
only be Iz
v. Possible requirement for an Individual Permit and Public Meetings of a
A. The Director of the North Carolina Division of Water Quality may require submission
formal application for Individual Permit for any project in this category activity that that
roject is requires written concurrence under
effect this upon water ?tye2) impact stathe te or federally ely
to 1) have a significant adverse qu degrade the waters so that existing uses
listed threatened or endangered species, or 3)
of the wetland or downstream waters are precluded. of applications prior to a
B. Public meetings may be held for specific applications or group
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Vi. Compliance and Reporting:
o issued by thelS Finding of No
' (ROD) OD) is not Valid until a
r Record of required, this
A. If an environmental document
Significant Impact FONSI)
Clearinghouse;
B. Deed notifications or similar 50 feet of all streams aandtponds if riparian buffer
wetlands and waters o
hanisms shall be. put in.place
protection rules are applicable. These mec within 30 days e issuance
of the the date of issuance sample deed notification formathcan be downloaded omethet
(whichever is later).
site at htt ://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sen
401/Wetlands Unit web site
copies of all deed restrictions applied to these lots;
C. When written concurrence
of Completion to inform DWQ that work authorized by. thisent
version of the Certificate cate o
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall
expiration
years from the date of the cover letter from DWQ or on the same day as the date of the corresponding US Army Corps of Engineers 40etPe fromiDWQ? whichever is
sooner unless otherwise explicitly allowed in the approval
E. Non-compliance with or violation of t the fo?thetp oject and may also result nccr minalroject
may result in revocation of this
and/or civil penalties. sub'ect the . ined
in this
permit F. Failure abide enby the conditions and forcement action limitations
he Division ofaWa ter Quality in ac or dance with
Permitta e to an
143-215.6A to 143-215.6C.
G. This permit may be,modified, revoked and reissued or terminated for cause. The filing o
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying ing the
Permit
allowed the Permit, revoking and reissuitainethe d in Tit e, 15A of the tNorth Carol na Admin st ativethe
5.1 et. al.
laws, rules, and regulations con 143
Code 3, Subchapter 02H. 1300, andNe son Carolina General
entity except afterunot ce to land written
person
1. The Permit is not transferable to any
approval the Director. T Director and ncorpo ate such otherarequirements as
reissuanca of the Permit to change the name
may be necessary. A formal permit request must be submitted to the Division of Water ved Quality accompanied by the appropriate fee, documentation fromo al ofthis request invol will
and other supporting materials as may be appropriate. The app
be considered on its merits, and may or may not be approved.
l
a?
?F)
I
J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
K. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.
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