20090046 Ver 1_Approval Letter_20090223

KJ;A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Town of Wrightsville Beach
Mr. Steve Dellies
Mr. Tom Ames
200 Parmele Boulevard
Wrightsville Beach NC 28480
DWQ Project # 09 - 0046
New Hanover County
February 23, 2009
Subject Property: West Charlotte Street - Storm Drain Repair
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Dellies & Ames:
You have our approval, in accordance wi he attachec?,r?l fio d those listed below, to extend an
existing stormwater outfall pipe 90 addi 1 e A Banks 1 *,ibed in your application
received by DWQ on January 9, 2009. After r pplicati
ha determined that the
11
impacts are covered by General Water Quality Certi 36,, ^ 87). The
Certification(s) allows you to use Nationwide Permit 7 n l?s ahe US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwisey other required
federal, state or local permits before you go ahead with your project me ut ' t 601 limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this aiproval 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
cert ification and any additional conditions listed below.
The Additional Conditions of the Certification are:
L 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 76 square feet 0.002 acres) age 3 of 4
404/401 Wetlands 140 square feet (0.003 acres) Page 3 of 4
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
North Carolina
Natmally
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 project.
3. 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.
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 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 colos'are final and binding unless you ask for a
R
hearing.
Violations of any condition herein set forth may esalt "gin vacation of s c ' rt and may result in
criminal and/or civil penalties. The authorization tiff ur prop-0 or to conduct
11-1 impacts to waters as depicted in your application and as a lca ion shall expire upon
expiration of the 404 or CAMA Permit. . ,
This letter completes the review of the Division of Water Quality under Section 401 o tClean 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
` 4 Division of Water Quality
Enclosures: GC 3687
Certificate of Completion
cc: Dave Timpy - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
W.
Page 2 of 2
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
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 , here° -state th4, to the best a e care and diligence was
used in the observation of the construction such that the r ?N
T O?'
as obser?e8 -to e built within substantial
compliance and intent of the 401 Water Quality Certification an R, t? i the; approved plans and specifications,
and other supporting materials.
11
Signature: Date:
Agent's Certification
1
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
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the 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.
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. 3687
Water Quality Certification Number 3687 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 and 15 NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas which are waters of the United
States as described in 33 CFR 330 Appendix A (B 3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of
the Corps of Engineers regulations and Regional t 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in .0200.
The State of North Carolina certifies tha n s fie category vity t violate
applicable portions of Sections 301, 30, 30143 of the ?li and 95-217
if conducted in accordance with the conditions` rth. -
Activities meeting any one (1) of the following thresholds r4or .require written
approval for a 401 Water Quality Certification from the Division ' r I¢6ri{tte
"Division"): f,
a. Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location, or
b. Temporary or permanent impacts equal to or exceeding: one-third (1/3) acre of
wetlands East of Interstate-95, or one-tenth (1/10) of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources; or
d. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. Any impacts to streams and/or 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) unless the activities are listed as
"EXEMPT" from these Rules-
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities included in this General Certification and below the thresholds listed above do
not require written approval from the Division of Water Quality as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met,
written approval from the Division is required.
Water Quality Certification No. 3687
REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification No. 3687
Conditions of Certification:
1. No Impacts Beyond Those Authorized for this General 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 General Certification, or beyond the
footprint of the impacts authorized in the written approval, 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. except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
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) 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 outside
of the permitted impact areas without prior approval from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the 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 the
Water Quality Certification No. 3687
Water Quality Certification No. 3687
activity 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
htta'Ah2o. enr. state. nc. us/su/Forms Documents. htm.
NCDOT shall be required to be in full compliance with the conditions related to construction
activities within the most recent version of their individual NPDES (NCS000250) stormwater
permit.
5. 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.
6. 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 protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
obeyed. 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 personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Randleman, Catawba (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 riparian area protection rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
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].
Water Quality Certification No. 3687
Water Quality Certification No. 3687
9. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross-sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
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, streams, and wetlands 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 48 inches, to allow
low flow passage of water and aquatic life, unless otherwise justified and approved by the
Division.
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.
Any rip rap 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. rip-rap or other bank hardening
methods.
10. 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.
11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H .1405.
12. Temporary Fills and/or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, plan form pattern, and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.
Water Quality Certification No. 3687
Water Quality Certification No. 3687
13. For activities requiring written approval, additional site-specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards.
14.Certificate of Completion
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.
15. 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.
16. This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.76, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit. The
conditions in effect on the date of issuance of Certification for a specific project shall remain
in effect for the life of the project, regardless of the expiration date of this Certification. 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.
17. 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 shall
result in revocation of this General Certification for the project and may 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.
Water Quality Certification No. 3687
Water Quality Certification No. 3687
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullin
Director
History Note: Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued
December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This
General Certification is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3687 6
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tN`cst (Yharl(Ate Street Stortliwater Ouffall fxten_sioll
Prclpcily Description.
The lami pawl 1,td.i.icent to the proysed pfC71mt 1S (?'`'ned by the Ic)--vit of «'ricgh ti' ille Tic'<ich mid serif 1's "public
,cces to Banks Channel. I here is no waste v,' Ater or pc;tat?ie ervi(?e cul-'entl` provided to thc° propel-ty, The rttll?
n1F1nnia.le, -t.rllCtl.Ife On the hrcTc' Q is a set O] p0 "al boxem vY 'cr.l.t on is 11?,c3111.r71 j g s,.1 vith 0,1c .,bider .lllti xs In '1' it.
at the NY "m swe of the ptc"my.
Pr(VIect Narrative: The a.s)wn of A'I'IghtsklC l: each is prt!pc3<.ing to extend the existing stOrlllw;.iwr M AI ppe 1.111
additional >(t ,\est'4 iud It-o t lho, exlstho Lt:!)-.tlf'M on .1.0wn (,1.)l'eny So 6; nks C.llt nnel. This 1'Ii) eci 1; !?( iqg,
?It,lpf?. ?:.i trl iG,?p vise to resdent. s ct:HIy laint:s of vlott iK lto 111Ac;rtlll Rlil? We Stll.lOu o redac1111tt1 BMWs in th;'
9CmAy of the m01'?l1 F ner out Rd sl?i'i.Itl.'ii at tale i :iii o Wc -t (. lmClillte S7t et.

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s nnwe ; ,•?,. s;t sr?:;, ',?• l;.3;.,. t? ;;fi`.'1 1 !8? : T'W tCv 2 t`xttT0 s .Litt! + i.-t ....l,U 7 W 1NRrib's{
Nest Charlotte Street Stormwater Outfall Extension
Project Location: This project is located at the end of West end of Charlotte Street on Wrightsville Beach. Persons
unfamiliar with this location should take State Highway 76 (Causeway Drive) across the draw bridge over the Intercoastal
Waterway and continue straight on Highway 76, to the traffic light at the intersection of Causeway Drive and Waynick
Boulevard. Continue through the light onto South Lumina Street. After turning onto South Lumina, Charlotte Street will
be the fifth cross street. The location of the proposed project will be the Town-owned property across from East Charlotte
Street.
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West ("harlotte Street Stornmater Outfall Extension.
lIc CUCRC 1'1t OLitfaH Ype is : ampused of day and extends trorn an iilA Structure 't.Ct. the W Ne tion o \ln.S L11n1 nN am!
g`e`l (. h:ulcittc SCrceLs to an ouzf?ill in an wAsting KU M at Ku mo W of he Awn pa cd. Stunivotcr exitill,_ W.
oattall i? chre ted alon the , gkwoiit ht,Aheaas to t:he north of the null dl by ':and So Ims .1..cmal n tm ifin ywopm-ty TV:
h1c7110 l'i proj" .?`tllild COnt1e'.Cl COOL Tjod swd OpII g to lhc ex1 Ap, Comete. Opt "AM cNands Rom the ink,
utlctul?° to the bulkllua l_ l t1e. pie=el Q& ??'?_11.Ilti he rllrl Won die 111.11khead to a. l.x?u1t a Pj)C0,KMaat?:1v 90? ,vast { irllo HL3n ')
t_.;"SCiMCH o to hi,4.A clad. 1 h1.ti Ian, tla 1ti'hei g, pl-cl posod i:i_t direct ?fi)1`tl"l?k"ct(LT l cyomt thc' accr?,1c2 1 Sfuld ,1:3i3 r?, preV :11[ tllr.
pipe outtall t'rorn. hcirlg covered WAY during dry periods.
th, fait ?o or Ho new oiltbU 1\'ill he ;Ih= the ex I x111'__' i?t4?und ML 1l "HI he >llf)p`[tcd by im) vypoi:t i,m tr'
WC Oil i'llM :end of the pipo The cWrs " A Q install a, A111ow?:
Sal'?` 3... MAO taixi1 if lf'_413.E4 . i , 4 . V?vv - i3.16" % 1-2 ,.
•- West Charlotte Street Stormwater Outfall Extension

Treated 6x6 post with 2x6 support cradles
Final height and width of support cradle dependant
upon pipe size and material
Hardware - 5/8 carriage bolts, nuts & washers, hot dipped galvanized
Posts jetted into position; typically 5 - 6' in depth
Not to scale
Accreted sand and vegetation will need to be removedto accomplish the installation. Vegetation will be replaced
following the backfill of the area. All sand that is not replaced on the accreted dune will be place between the dune and
the bulkhead ( on the beach area).
All heavy equipment required to accomplish the installation of the proposed drain pipe will be brought to the project site
via a barge. Equipment will be stored on the barge when not in use.

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