20081352 Ver 1_Approval Letter_20090206

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Cape Fear Public Utility Authority
Mr. Frank Styers
235 Government Center Drive
Wilmington NC 28403
Division of Water Quality
Coleen H. Sullins
Director
February 6, 2009
Dee Freeman
Secretary
DWQ Project # 08 - 1352
New Hanover County
Subject Property: New Hanover County Northern Campus Regional Wastewater Collection System
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Styers:
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact 0.144 acres of 404 Wetlands and 40 linear feet of perennial stream, to
permanently impact 0.04 acres of isolated wetlands, and to permanently impact 0.472 acres of
404 wetlands for the purpose of constructing a sewer main system as described within your
application received by DWQ on December 19, 2008. After reviewing your application, it has
been determined that the impacts are covered by General Water Quality Certification Number
3699 (GC3699). The Certification(s) allows you to use Nationwide Permit 12 when issued
by the US Army Corps of Engineers (USAGE) and the State General Permit For Impacts
To Isolated and Other Non-404 Jurisdictional Wetlands and Waters IWGP100000. In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and stormwater regulations. 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.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Nahmaliff
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404/401 Wetlands 0.144 acres (Temporary) Page 4 of 8
404/401 Wetlands 0.472 acres (Permanent) Page 4 of 8
Isolated Wetlands 0.04 acres (Permanent) Page 4 of 8
Perennial Stream 40 Linear Feet (Permanent) Page 4 of 8
2. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
proj ect.
3. Construction Stormwater Permit NCGO10000
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.
4. 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 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
5. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
Page 2 of 3
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-
7215.
Sincerely,

Coleen H. Sullins, Director
- - A Division of Water Quality
Enclosures: GC 3699 a. Z7416P /MOO
Certificate of Completion
cc: Kim Williams - Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
WiRO
Page 3 of 3
STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED AND
OTHER NON-404 JURISDICTIONAL WETLANDS AND WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
AND OTHER NON-404 WETLANDS, LESS THAN
TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF
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 2H .1300 and 15A NCAC 213
.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 and other non-
404 wetlands, isolated streams or other isolated waters in accordance with the conditions set forth in this
General Permit.
This General Permit shall become effective on October 31, 2008.
This General Permit shall expire at midnight on October 31, 2013 or unless otherwise rescinded or until
deemed appropriate by the Director of the NC Division of Water %Iaiitq?(DWQ).
7 "
oleen H. Sullins, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission
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
and other non-404 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.
Activities meeting any one (1) of the following criteria require written approval from the Division of
Water Quality (the "Division"):
1. Isolated stream and/or buffer impacts:
a. Any impacts to isolated perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their associated
riparian buffers in Water Supply (WS), High Quality Water (HQW), or Outstanding Resource
Water (ORW) watersheds. Only water-dependent activities, public projects, and structures with
de minimis increases in impervious surfaces will be allowed as outlined in those rules [15A NCAC
213 .0212 through .0215]. All other activities require a variance from the delegated local
government and/or the NC Environmental Management Commission before the application for
the 401 Water Quality Certification can be processed.
b. Any impacts to isolated streams and buffers in the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application [in accordance with 15A NCAC 2B .0200]), unless the activities are listed
as "EXEMPT" from these Rules..
c. Any impacts to isolated streams involving excavation or dredging.
d. Total isolated stream impacts equal to or greater than 150 linear feet of intermittent and/or
perennial stream to be filled, culverted, rip rapped, or relocated, including temporary and/or
permanent impacts.
ll. Impacts to isolated lakes and ponds (temporary or permanent):
a. Equal to or greater than one-third (1/3) of an acre
III. Impacts to isolated and other non-404 wetlands (temporary or permanent):
a. Equal to or greater than one-third (1/3) of an acre east of 1-95
b. Equal to or greater than one-tenth (1/10) of an acre west of 1-95
c. Any impacts to isolated and other non-404 wetlands adjacent to waters designated as: ORW, SA,
WS-I, WS-11, or Trout, or wetlands contiguous to waters designated as a North Carolina or
National Wild and Scenic River.
d. Proposed fill or substantial modification of any amount of isolated and other non-404 wetlands
classified in accordance with 15A NCAC 2B.0101 (e)(7) as Unique Wetlands (UWL)
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement action
initiated by the Division and/or the Division of Land Resources.
Totaling and Reporting of Impacts:
1. Isolated and Other Non-404 Jurisdictional 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. Mitered bottomless culverts
shall be prohibited from using this General Permit. 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 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)
II. Isolated and Other Non-404 Jurisdictional Lakes and Ponds - Impacts to isolated waters other than
streams and wetlands as determined by the Division of Water Quality shall be measured as area.
Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts
proposed 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.
III. Isolated and Other Non-404 Jurisdictional Wetlands -Impacts to isolated and other non-404 wetlands
as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary
wetland impacts shall be enumerated on the entire project for all impacts. Any activity that results in a
loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall
be considered wetland impacts. Impacts to wetlands shall include activities that change the hydrology of a
wetland.
Public Notice requirement - A separate Public Notice and Individual Permit will be required for all projects
which propose to impact more than 250 linear feet of isolated streams, more than one (1) acre of isolated
and other non-404 wetlands, or more than one-third (1/3) acre of other isolated waters in accordance with
15A NCAC 2H .1303. For impacts less than these thresholds, this General Permit is applicable without
additional Public Notice.
In accordance with North Carolina General Statute Section 143-215.3D(e), any application for an Isolated
Wetland General or Individual Permit must include the appropriate fee. If a project also requires a CAMA
Permit, one payment to both agencies shall be submitted. This payment shall be the higher of the two
fees.
Activities that are below the thresholds, or otherwise do not meet the
criteria listed above in this General Permit do not require written approval from
the Division of Water Quality as long as they comply with the Conditions of
Certification listed below, including the Stormwater Management Plan and
Compensatory Mitigation conditions. If the project requires a Stormwater
Management Plan, but is otherwise below the written approval thresholds, the
applicant may provide a courtesy copy of the Pre-Construction Notification along
with a copy of the Stormwater Management Plan (and approval letter from the
appropriate locally delegated state program where applicable). Similarly, if
collective wetland impacts, including 404 and non-404 wetlands, are equal to or
greater than one (1) acre, compensatory mitigation is required (see attached
examples "Wetland Impact Types and Compensatory Mitigation). If the project
requires a mitigation plan, but is otherwise below the written approval thresholds
for use of IWGP100000, the applicant may provide a courtesy copy of the Pre-
Construction Notification along with a copy of the mitigation plan. If any of the
following Conditions cannot be met, then written approval from the Division is
required, and may require an Individual Permit.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this
Permit
No waste, spoil, solids, or fill of any kind shall occur in isolated and other non-404 wetlands, isolated
waters, or isolated riparian areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification and authorized in the written approval from the Division, 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.
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:
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.
b. 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.
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), Trout
Jr), SA, WS-I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sediment and erosion control requirements contained within Design Standards in Sensitive
Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion control
requirements.
3. No Sediment and 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, then 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.
4. 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 (NCG010000) administered by the Division 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.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting), then
biological monitoring may be required at the request of other state or federal agencies and
coordinated with these activities. This condition can be waived through written concurrence on a
case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval
fishes and crustaceans, or other aquatic species of concern shall be implemented. This condition can
be waived through written concurrence on a case by case basis upon reasonable justification.
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 in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require submittal to, and approval by, the Division of Water
Quality.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar-Pamlico, Catawba, or Randleman (or any other basin with buffer rules), shall be
limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259,
.0250 and .0243, and shall be 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. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide vegetative buffer
(high-density development) shall be maintained adjacent to all perennial waters except for allowances
as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and possible
aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for losses of
150 linear feet or more of streams and/or one (1) acre or more of total wetland impacts, including all
impacts to 404 and non-404 wetlands (see attached examples "Wetland Impact Types and
Compensatory Mitigation). For linear, public transportation projects, impacts equal to or exceeding
150 linear feet per stream shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and intermittent
stream impacts in watersheds classified as ORW, HQW, Trout, WS-1 and WS-11.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application
for buffer impacts resulting from activities classified as "Allowable with Mitigation" within the "Table of
Uses" section of the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any General
Water Quality Certification for this Nationwide Permit. Design and monitoring protocols shall follow
the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003), or its
subsequent updates. Compensatory mitigation plans shall be submitted for written Division approval
as required in those protocols. Alternatively, the Division will accept payment into an in-lieu fee
program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent building or
structure on site is occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the public. Proof of payment to an in-lieu fee program or
mitigation bank must be provided to the Division to satisfy this requirement.
11. For all activities requiring re-alignment of streams, a stream relocation plan must be included for
written Division approval. Relocated stream designs should include the same dimensions, patterns
and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to
the maximum extent practical. The new channel should be constructed in the dry and water shall not
be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization
7
shall be limited to native woody species, and should include establishment of a 30-foot wide wooded
and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating appropriate erosion control matting materials and
seedling establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent of rip-
rap coverage. Please note that if the stream relocation is conducted as a stream restoration as
defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation
Guidelines (or its subsequent updates), the restored length can be used as compensatory mitigation
for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For the North Carolina Department of Transportation (NCDOT), compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy this condition.
B. All non-NCDOT projects shall be classified as either Low or High Density. Low Density
projects do not require the submittal of a Stormwater Management Plan (SMP). A
development shall be considered Low Density if ALL of the following criteria are met:
The overall site plan contains less than 24% impervious surface area considering
both current and future development,
All stormwater is transported primarily via vegetated conveyances designed in
accordance with the most recent version of the NCDENR BMP Manual, and
iii. Any area within the project that has impervious surface area greater than 24% is
located in an upland area and drains to surface waters and drainageways via diffuse
flow. Diffuse flow measures must be designed in accordance with the most recent
version of the NCDENR BMP Manual.
C. All non-NCDOT projects that do not meet Low Density criteria are considered to be High
Density. High Density projects require the submittal of an SMP to the Division. SMPs must
comply with all the applicable provisions of the most recent version of Stormwater
Management Plan Requirements for Applicants other than the North Carolina Department
of Transportation posted on the Division web site at the time of application. A proiect that is
considered to be High Density requires the submittal of an SMP to the Division regardless
of whether a written authorization is required for this permit.
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 placed below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for
culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
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.
If site-specific topographic constraints preclude the ability to bury the culverts as described above
and/or the applicant can demonstrate that burying the culvert would result in destabilization of the
channel and head-cutting upstream, the Division will consider alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the original
stream elevation is restored and maintained.
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. Additional site-specific conditions may be added to the written approval letter for projects proposed
under this General Permit in order to ensure compliance with all applicable water quality and effluent
standards.
15. If an environmental document is required under the National or State Environmental Policy Act
(NEPA or SEPA), then this General Permit is not valid until a Finding of No Significant Impact
(FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
16. If this General Permit is used to access building sites, then all lots owned by the applicant must be
buildable without additional impacts to streams or wetlands. The applicant is required to provide
evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers
if required to do so in writing by the Division. For road construction purposes, this Permit shall only
be utilized from natural high ground to natural high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers 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
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to a specific project.
18. When written authorization is required for use of this permit, 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.
19. This General Permit shall expire five (5) years from the date of issuance of the written
letter from the Division. 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 Permit.
20. 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
Permit.
The Permit is not transferable to any person or entity except after notice to and written approval by the
Director. The Director may require modification or revocation and reissuance of the Permit to change the
name and incorporate such other requirements as may be necessary. A formal permit request must be
submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both
parties involved, and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.
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.
The permittee grants permission to DENR Staff to enter the property during business hours for the
purposes of inspections and compliance review.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in
revocation of this General Permit 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.
Public hearings may be held for specific applications or group of applications prior to a Permit decision if
deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: October 31, 2008
DIVISION OF WATER QUALITY
By
1
r r ,
Coleen H. Sullins
Director
History Note: This Isolated Wetlands General Permit replaces the Isolated Wetlands General Permit
(IWGP100000) issued on October 3, 2003. This General Permit is rescinded five (5) years from the
effective date or unless otherwise rescinded or until deemed appropriate by the Director of the Division of
Water Quality.
10
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ 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,
used in the observation of the
compliance and intent of the 401
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 Permittee 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.
County:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
Water Quality Certification No. 3699
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
rC 49 1[ITII ITY LINE ACTIVITIESI AND 47 (PIPELINE SAFETY PF
Water Quality Certification Number 3699 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 2H, Section .0500 and 15A NCAC 213
.0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12) and Nationwide Permit No. 47 of the Corps of Engineers regulations
including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection
Rules (Buffer Rules) in 15A NCAC 2B .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.
This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile.
Activities covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division") as long as they comply with the Conditions listed below. Written
approval is required if the maintenance corridor is greater than 15 feet wide. Gas pipelines
may have a maintenance corridor larger than fifteen feet if mitigation is provided for these
additional wetland fills.
If any of these Conditions cannot be met, or if the activities are associated with, or in
response to a Notice of Violation or an enforcement action initiated by the Division of
Water Quality or the Division of Land Resources, then written approval from the Division is
required to use this Certification. Activities that are located within river basins with
Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the
Table of Uses as "EXEMPT".
In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval for a 401 Water Quality 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.
Conditions of Certification:
1. No Impacts Beyond Thresholds that Qualify for this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established for use of this Certification, 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.
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:
Water Quality Certification No. 3699
Water Quality Certification No. 3699
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.
b. 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.
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
(PNA's), Trout Jr), SA, WS-l, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B.0124) supercede all other
sediment and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
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 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.
4. 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 (NCG010000) administered by the Division 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 enrstate. nc us/su/Forms Documents.htm.
5. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented.
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.
Water Quality Certification No. 3699
Water Quality Certification No. 3699
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved.
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. Riparian Area Protection (Buffer) Rule
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Catawba, and Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B.0233, .0259, .0250 and .0243, and shall be 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. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) must be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS-1 and WS-11.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by the
Division for any application for this Certification. Design and monitoring protocols shall follow
the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April
2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for
written Division approval as required in those protocols. Alternatively, the Division will accept
payment into an in-lieu fee program or credit purchase from a mitigation bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No. 3699
Water Quality Certification No. 3699
11. For all activities requiring re-alignment of streams, a stream relocation plan must be
included for written Division approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel (or a stable reference
reach if the existing channel is unstable), to the maximum extent practical. The new
channel should be constructed in the dry and water shall not be turned into the new
channel until the banks are stabilized. Vegetation used for bank stabilization shall be
limited to native woody species, and should include establishment of a 30-foot wide
wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard
structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage. Please note that if the stream relocation is
conducted as a stream restoration as defined in the US Army Corps of Engineers
Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates),
the restored length can be used as compensatory mitigation for the impacts resulting from
the relocation.
12. For sewer lines, the edge of the construction corridor shall not be installed parallel to and
closer than 10 feet to a stream except for the following classifications; 50 feet to waters
classified as WS (except WS-I or WS-V), B, SA, ORW, HQW, or SB from normal high
water (or tide elevation) and wetlands; or 100 feet to private or public water supply
sources or waters classified as WS-1 waters or Class I or Class II impounded reservoirs
used as a source of drinking water in accordance with 15A NCAC 02T.0305(f).
Utility lines shall not cross a stream channel at other than a near-perpendicular direction
(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank).
13. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval
from DWQ is required.
14. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
15. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling.
16. Placement of rip-rap shall be restricted to the stream bottom and banks directly impacted
by the placement of the utility line. Rip-rap shall only be used below the normal high
water level. The stream berm must be restored to the original contour after construction.
Placement of rip-rap or other materials shall not result in de-stabilization of the stream bed
or banks upstream of downstream of the crossing.
17. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue
are prohibited.
Water Quality Certification No. 3699
Water Quality Certification No. 3699
18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to no
closer than 10 feet (3 meters) of streams. Any fertilizer application must comply with all other
Federal, State and Local regulations.
19. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable.
20. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 15 feet in width except at manhole locations. A 15-foot by
15-foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters)
apart.
21. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require
anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or
less. A section and plan view diagram is attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
22. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area.
23. If an environmental document is required under 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.
24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required. .
25. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals.
26. 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.
27.When written approval is required, the applicant is required to use the Certificate of
Completion form attached to the cover letter to notify the Division when all activities
authorized by this General Certification have been completed.
28. This General Certification shall expire three (3) years from the date of issuance of the written
approval letter or on the same day as the expiration date of the corresponding Nationwide
Permit 12. 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
Water Quality Certification No. 3699 5
Water Quality Certification No. 3699
Certification. If the construction process for approved activities will overlap the expiration and
renewal date of the corresponding 404 Permit and the Corps allows for continued use of the
404 Permit, then the General Certification shall also remain in effect without requiring re-
application and re-approval to use this Certification for the specific impacts already approved.
29. 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.
Non-compliance with or violation of the conditions herein set forth by a specific fill 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.
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: November 1, 2007
DIVISION OF WATER QUALITY
By
een H. Sullins
Director
History Note: Water Quality Certification Number 3699 replaces Water Quality Certification
Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on
September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11,
1997, Water Quality Certification Number 3288 issued on June 1, 2000, Water Quality
Certification Number 3374 issued on March 18, 2002, and Water Quality Certification Number
3625 issued on March 19, 2007. This General Certification is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3699