HomeMy WebLinkAbout20180159 Ver 1_Email_20180320Water Resources
Environmental Quality
WR Project No.:
Applicant:
Project Name:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: 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 Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
--�;"''N-othing C-Dmpares!r-,
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500
K"
Water Resources
Environmental Quality
March 20, 2018
Dionna Rymer Long
P.O. Box 430
Fairview, NC 28730
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 18-0159
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Long, 131 Clear Sail Way — Lake James
Dear Ms. Long:
You have our approval for the impacts listed below for the purpose described in your application
dated January 23, 2018, and received by the Division of Water Resources (Division) on February
1, 2018, with additional information received on February 12, 2018, March 6, 2018, and March
12, 2018. These impacts are covered by the attached Water Quality General Certification
Number 4145 and the additional conditions listed below. This certification is associated with the
use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that
you should obtain any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit, and/or Buffer Rules are met. This
approval includes grading at the shoreline to achieve a 2:1 slope. No other impacts are
approved, including incidental impacts. [ 15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0196 (acres)
0.0065 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division and
State of North Carolina I Environmental Quality
2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828-296-4500
Long, 131 Clear Sail Way
DWR # 18-0159
401 Approval
Page 2 of 4
you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [I 5A NCAC 02H .0507(d)(2)]
3. The proposed project must comply with the McDowell County local riparian buffer
ordinance approved by the Division of Water Resources under the Catawba River Basin:
Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
4. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear protective
measure upon the regraded slopes. Stone used in stabilization shall be of a size and
density sufficient to prevent movement by wave or current action or stream flows and
shall consist of clean rock or masonry material free of debris or toxic pollutants. The
riprap shall be installed over a toed in filter fabric to prevent soil erosion behind the
stabilized area. All exposed soils, above the riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached Guidelines for
Riparian Buffer Restoration. This authorization shall in no way be construed as
allowing the installation of a bulkhead or seawall. [ 15A NCAC 02H .0507 (c)]
5. Immediately following construction, disturbed soils must be stabilized as quickly as
possible by providing a temporary ground cover. This ground cover is a temporary
measure used to address erosion until buffer restoration can be accomplished. [I 5A
NCAC 02B .02 (4) and (5)]
6. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed
areas with pre-existing trees or woody vegetation must be replanted with trees and woody
vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with
forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 260 trees per acre at maturity. This density can usually be achieved
by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
Restoration of trees/shrubs/forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they
will need to be replaced such that the density is sufficient to provide 260 trees per acre at
maturity. [ 15A NCAC 02H.0507 (c), 15A NCAC 02H.0506 (b)(3), and Table of Use
for Catawba River Buffer Rule]
7. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba-Wateree river system 2006 Shoreline
Management Plan.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Long, 131 Clear Sail Way
DWR # 18-0159
401 Approval
Page 3 of 4
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at hM2://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Amy Annino at 828-296-4656 or
amy.annin0&ncdenr.gov if you have any questions or concerns.
Sincerely,
,t n, Ki,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4145
Certificate of Completion
Long, 131 Clear Sail Way
DWR # 18-0159
401 Approval
Page 4 of 4
Guidelines For Riparian Buffer Restoration
cc: William Elliot — USACE (via email)
Andrea Leslie — NCWRC (via email)
Ron Harmon — McDowell County Planning (via email)
Wade Harmon — Duke Energy (via email)
DWR ARO 401 files
G:\WR\WQ\McDowell\401s\Non-DOT\Long, 131 Clear Sail Way\20180320_Long, 131 Clear Sail Way_APRVL.doex
r~ Guidelines for Riparian
E�me t Buffer RestorationPROGRAM
N.C. Department of Environment ani Natural Resources
Ecosystem Enhancement Program
October 2004
Purpose oftbese Guidelines
Riparian buffers have been identified as a valuable tool for protection of water
quality when properly designed and established in the appropriate landscape
setting. For this reason, the goal of the Ecosystem Enhancement Program
(EEP) is to implement projects to restore riparian buffers that have the greatest value for
reducing pollutants in our surface waters as well as provide important aquatic and
wildlife habitat. The purpose of these guidelines is to provide the technical information
necessary for the successful planning and establishment of riparian buffers. The
guidelines are intended for use by private consultants in developing restoration plans for
the EEP but should also have utility for private landowners as well as local governments
involved in the restoration of riparian buffers.
Criteria for Priority Riparian Buffer Restoration Projects
A number of factors determine the success of particular riparian buffer
restoration projects. In addition to the physical characteristics of the site, issues
such as land costs, land ownership, and logistical constraints must be taken into
consideration. The following physical characteristics are intended to provide general
guidance when identifying sites and are not intended to exclude sites that may have merit
based on other criteria.
• Woody vegetation absent or sparse (less than 100 stems per acre that are > 5 inches
diameter at breast height) measured within 50 feet of intermittent and perennial
streams, lakes, ponds, and shorelines.
• Adjacent to headwater streams or those streams defined as first, second, or third
order.
• Project length greater than 1,000 feet (for projects implemented by the EEP).
• Ditches, gullies, or evidence of concentrated flow within 50 feet of intermittent and
perennial streams, lakes, ponds, and estuaries.
• Adjacent source of nitrogen including cropland, pasture, golf course, residential
development, ball fields, etc.
• Water table depth within three to four feet of surface as determined by characteristics
of soil cores.
Components of a Riparian Buffer Restoration/Enhancement Plan
Site Assessment
The riparian area to be restored should be evaluated with respect to these factors that
control the viability of riparian plants:
• Soil moisture
• Soil pH
2
• Soil texture
• Seasonal high water table depth
• Flooding potential
• Aspect, topography, and microtopographic relief
Site Prep�?'�tion
The restoration/enhancement plan should address these items regarding preparation of the
site for planting:
• Plow or rip site to improve compacted soil and/or eliminate areas where channelized
flow has developed.
• Control of sod -forming grasses such as fescue and Kentucky bluegrass that will
compete with plantings for nutrients.
• Control of invasive, exotic plants that would hinder the re-establishment of woody
vegetation. Proposals for pesticide use should always be reviewed by the North
Carolina Division of Water Quality staff to insure compliance with the Neuse and
Tar -Pamlico Riparian Buffer Rules.
Common Invasive Exotic Plants in North Carolina
Ailanthus altissima (Tree -of -Heaven)
Albizia julibrissin (Mimosa)
Elaeagnus umbellata (Autumn Olive)
Hedera helix (English Ivy)
Lespedeza cuneata (Korean or Sericea Lespedeza)
Ligustrum sinense (Chinese Privet)
Lonisera japonica (Japanese Honeysuckle)
Microstegium vimineum (Japanese Grass)
Paulownia tomentosa (Princess Tree)
Pueraria lobata (Kudzu)
Rosa multiflora (Multiflora Rose)
Wisteria sinensis (Chinese Wisteria)
• Stabilize areas of bare soil. Refer to the following list for species of grasses/sedge
appropriate for soil stabilization. The majority of these species are by necessity not
native to North Carolina. At present, there are only a few species of native grasses
useful for erosion control that are commercially available. Please note that fescue
grasses should not be used for soil stabilization. Fescue grasses, particularly tall
fescue, are competitive and will inhibit the eventual re-establishment of native
species.
Agi-ostis alba (Re4top)
Found in fields, pastures, roadsides, and other disturbed places throughout North
Carolina, this native warm season grass should be used sparingly for erosion control
and soil stabilization.
C.31-exstrict.3 (Sedge)
This sedge occurs naturally in marshes and low meadows throughout the mountains
and northern piedmont and coastal plain of North Carolina. This species has utility in
a mix for soil stabilization in moist areas.
D�ctylisglome"�t� (Orcharc grass)
This perennial, cool season bunchgrass is a good alternative to fescue because it is
less competitive and allows native herbs to colonize the site.
Hmcfeum spp. (Barley)
A number of species of barley can be used for soil stabilization. Barley is a cool
season, annual grass that when moisture is available will germinate in the fall, stay
green during the winter, and then die in the spring as competition for warm season
plants increases.
Pwicum cbndestinum (Peer Tongue)
This native, perennial, warm season bunchgrass can be used in moist low woods
primarily in the piedmont and mountains.
P3nicum spp. (Panic Grasses)
A number of species of panic grasses can be used for soil stabilization depending on
the moisture regime and soils of the site.
P317icum virgitum (Switchgrass)
This native, perennial, warm season bunchgrass can tolerate a wide range of moisture
regimes. It can be used along streams, in wet or dry woods, brackish and freshwater
marshes, sloughs, swales, and low pinelands primarily in the eastern piedmont and
coastal plain.
Peonisetumgll�ucurn (Brown Top or Pearl Millet)
This fast-growing, robust, annual grass exhibits good drought tolerance which makes
this species an important warm season option for soil stabilization.
PA�Z� s ,�rundin,ce� ( Reed Cana ryg rass)
A native to North Carolina, this perennial cool season grass is used for the
stabilization of pond shorelines, drainage ditches, and streambanks in the mountains
and western piedmont. It is established by planting freshly cut stem slips or rhizome
fragments. Please note that this species is aggressive and forms large monotypic
stands that displace other species. It should only be used if no other species are
available.
Sec,3lecere,3le(Winter Rye or Rye Grain)
Winter rye is a cold -hardy annual grass that will germinate and grow at low
temperatures. By maturing early, it offers less competition during the late spring, a
critical time in the establishment of perennial species. Winter rye germinates quickly
and is tolerant of poor soils.
Sorghum bico%i-(Sudangrass)
Only the small -stemmed varieties of this annual warm season grass should be used.
Sudangrass is useful for temporary seeding, and it is adapted to soils relatively high in
clay content. Seed for common Sudangrass is not always available, but other small -
stemmed types may be used, such as the hybrid Trudan. The coarse -stemmed
Sorghum-Sudangrass hybrids are not appropriate for erosion control.
Riparian Buffer Design
Species Diversity and Composition
The most effective riparian buffers have trees and shrubs to provide perennial
root systems and long-term nutrient storage. The design of a riparian buffer can
be modified to fit the landscape and the landowner's needs, for example, by
replacing shrubs with more trees, substituting some of the trees with shrubs, or
incorporating a grass zone. In any scenario, the width of the woody vegetation should be
at least 30 feet directly adjacent to the streambank/shoreline.
Choose 10-12 species of native trees and/or shrubs appropriate for site based on site
assessment and reference conditions. In addition, please note that this list is alphabetical
and does not take into account the assemblages of plants found in nature. The inventory
of plants found on the reference site can help determine an appropriate assemblage for the
restoration site. In addition, the North Carolina Natural Heritage Program's
Classification of the Natural Communities of North Carolina: Third Approximation is a
valuable reference on natural assemblages of plants (Shafele, Michael P. and Alan S.
Weakley, 1990).
5
Typically, there should be at least three or four understory trees for every canopy tree to
provide structural diversity similar to mature forests. Where shrub species are
incorporated into the planting plan, they should be distributed more densely at outer edge
of riparian buffer to reduce light penetration and recolonization by invasive exotic
species. The following table provides a list of native tree and shrub species appropriate
for use in riparian buffers.
Native Regions
M= Mountains
P= Piedmont
C= Coastal Plain
Master List of Native Plants
Light Requirements
S= Shade
P= Partial Sun
F= Full Sun
Moisture Requirements
L= Low Moisture
M= Moderate Moisture
H= High Moisture
A= Aquatic
IN
me
Re
M
P C
5
ht
P
F
Moisture
L M H A
Medium to Large Trees
Acer barbatum
Southern sugar maple
X X
X
X
X
Acer saccharinum
silver maple
X
X
X
X
X
Acer saccharum
sugar maple
X
X
X
X
Betula alleghaniensis
yellow birch
X
X
X
X
Betula lents
cherry birch, sweet birch
X
X
X
X
Betula nigra
river birch
X
X X
X
X
X
X
Carya aquatics
water hickory
X
X
X
X
Carya cordiformis
bitternut hickory
X
X X
X
X
X
X
X
Carya glabra
pignut hickory
X
X X
X
X
X
X
X
Carya ovata
shagbark hickory
X
X X
X
X
X
X
Carya tomentosa
mockernut hickory
X
X X
X
X
X
X
X
Celtis laevigata
sugarberry, hackberry
X X
X
X
X
Chamaecyparis thyoides
Atlantic white cedar
X
X
X
X
X
Cladrastis kentuckea
yellowwood
X
X
X
X
Diospyros virginiana
persimmon
X
X X
X
X
X
X
X
Fagus grandifolia
American beech
X
X X
X
X
X
Fraxinus americana
white ash
X
X X
X
X
X
Fraxinus pennsylvanica
green ash
X
X X
X
X
X
X
Fraxinus profunda
pumpkin ash, red ash
X X
X
X
Juglans nigra
black walnut
X
X X
X
X
X
Liriodendron tulipifera
tulip poplar, yellow poplar
X
X X
X
X
X
X
Magnolia acuminata
cucumber magnolia
X
X
X
X
X
Magnolia fraseri
Fraser magnolia
X
X
X
Nyssa aquatica
water tupelo
X
X
X
X
X X
Nyssa sylvatica
black gum
X
X X
X
X
X
X
X
Nyssa sylvatica var. biflora
swamp black gum
X
X
X
X
X
Oxydendrum arboreum
sourwood
X
X X
X
X
X
X
Picea rubens
red spruce
X
X
X
X
X
Pinus echinata
shortleaf pine
X
X X
X
X
X
Pinus palustris
longleaf pine
X X
X
X
X
Pinus rigida
pitch pine
X
X
X
IN
cientific N
on Name
Region
Light
Moisture
M
P C
S
P
F
L
M
H
A
Pinus serotina
pond pine
X
X
X
X
Pinus strobus
white pine
X
X
X
X
X
Platanus occidentalis
sycamore
X
X X
X
X
X
X
Populus deltoides
eastern cottonwood
X X
X
X
Populus heterophylla
swamp cottonwood
X
X
X
X
Prunus serotina
black cherry
X
X X
X
X
X
X
X
Quercus alba
white oak
X
X X
X
X
X
X
Quercus bicolor
swamp white oak
X
X
X
X
Quercus coccinea
scarlet oak
X
X
X
X
X
Quercus falcata
Southern red oak
X
X X
X
X
X
X
Quercus pagoda
cherrybark oak
X X
X
X
X
X
Quercus laurifolia
laurel oak
X
X
X
X
X
X
Quercus lyrata
overcup oak
X X
X
X
X
Quercus margaretta
sand post oak
X
X
X
X
Quercus marilandica
black jack oak
X
X X
X
X
X
Quercus michauxii
swamp chestnut oak
X X
X
X
X
X
X
Quercus nigra
water oak
X X
X
X
X
X
X
Quercus phellos
willow oak
X X
X
X
X
X
X
Quercus prinus
chestnut oak
X
X
X
X
X
Quercus rubra
Northern red oak
X
X
X
X
X
X
Quercus shumardii
shumard oak
X X
X
X
X
X
Quercus stellata
post oak
X
X X
X
X
X
Quercus velutina
black oak
X
X X
X
X
X
Quercus virginiana
live oak
X
X
X
X
Robina pseudoacacia
black locust
X
X X
X
X
X
Taxodium ascendens
pond -cypress
X
X
X
X
Taxodium distichum
bald -cypress
X
X
X
X
Tilia americana var. heterophylla
basswood
X
X
X
X
X
Tsuga canadensis
Eastern hemlock
X
X
X
X
X
X
Tsuga caroliniana
Carolina hemlock
X
X
X
X
X
Ulmus alata
winged elm
X X
X
X
X
X
X
Ulmus americana
American elm
X
X X
X
X
X
Small Trees
Amelanchier arbores
downy serviceberry, shadbush
X
X X
X
X
X
Amelanchier canadensis
Canada serviceberry
X
X
X
X
Amelanchier laevis
smooth serviceberry
X
X
X
X
X
Asimina triloba
pawpaw
X
X X
X
X
X
Carpinus caroliniana
ironwood, American hornbeam
X
X X
X
X
X
X
Cercis canadensis
eastern redbud
X
X X
X
X
X
Chionanthus virginicus
white fringetree, old man's beard
X
X X
X
X
X
Cornus alternifolia
alternate -leaf dogwood
X
X
X
X
Cornus florida
flowering dogwood
X
X X
X
X
X
X
Crateagus crus-galli
cockspur hawthorn
X
X X
X
X
X
X
Crateagus flabellata
fanleaf hawthorn
X
X
X
X
Crateagus flava
October haw
X
X X
X
X
X
Cyrilla racemiflora
titi
X
X
X
X
X
Fraxinus caroliniana
water ash
X
X
X
X
Gordonia lasianthus
loblolly bay
X
X
X
X
X
X
cientific N"
me
Region
Light
Moisture
M
P C
S
P
F
L
M
H
A
Halesia tetraptera (H. caroling)
common silverbell
X
X
X
X
X
Ilex opaca
American holly
X
X X
X
X
X
X
X
Juniperus virginiana
Eastern red cedar
X
X X
X
X
X
X
Magnolia tripetala
umbrella tree
X
X
X
X
Magnolia virginiana
sweetbay magnolia
X X
X
X
X
X
X
Morus rubra
red mulberry
X
X X
X
X
X
Osmanthus americana
wild olive, devilwood
X
X
X
X
Ostrya virginiana
Eastern hop -hornbeam
X
X
X
X
X
Persea borbonia
red bay
X
X
X
X
X
X
Persea palustris
swamp bay
X
X
X
X
X
X
Pinus pungens
table mountain pine
X
X
X
Prunus americana
American wild plum
X
X
X
X
Prunus caroliniana
Carolina laurel -cherry
X
X
X
X
X
Quercus incana
bluejack oak
X
X
X
X
Quercus laevis
turkey oak
X
X
X
X
Rhus glabra
smooth sumac
X
X
X
X
X
Rhus hirta (Rhus typhina)
staghorn sumac
X
X
X
Salix caroliniana
swamp willow
X
X X
X
X
X
X
Salix nigra
black willow
X
X X
X
X
X
X
Sassafras albidum
sassafras
X
X X
X
X
X
X
Staphylea trifolia
bladdernut
X
X
X
X
Symplocos tinctoria
horse -sugar, sweetleaf
X
X X
X
X
X
X
Ulmus rubra
slippery elm
X
X
X
X
X
shrubs
Aesculus sylvatica
painted buckeye
X
X
X
X
X
Alnus serrulate*
common alder
X
X X
X
X
X
X
X
Aronia arbutifolia
red chokeberry
X
X X
X
X
X
X
Baccharis halimifolia
silverling
X X
X
X
X
X
Callicarpa americana
American beautyberry
X X
X
X
X
X
Calycanthus floridus
sweet -shrub
X
X
X
X
X
Castanea pumila
Allegheny chinkapin
X
X X
X
X
X
X
Ceanothus americanus
New Jersey tea
X
X X
X
X
X
Cephalanthus occidentalis
buttonbush
X
X X
X
X
X
Clethra acuminata
mountain sweet pepperbush
X
X
X
X
Clethra alnifolia
sweet pepperbush
X
X
X
X
X
Comptonia peregrina
sweet fern
X
X
X
X
Cornus amomum
silky dogwood
X
X X
X
X
X
X
Cornus stricta
swamp dogwood
X
X
X
X
Corylus americana
American hazel, hazelnut
X
X
X
X
X
Euonymus americanus
hearts-a-bustin', strawberry bush
X
X X
X
X
X
X
Fothergilla gardenii
witch -alder
X
X
X
X
Gaylussacia frondosa
dangleberry
X
X
X
X
X
X
Hamamelis virginiana
witch hazel
X
X X
X
X
X
X
Hydrangea arborescens
wild hydrangea
X
X
X
X
X
Ilex coriacea
gallberry
X
X
X
X
X
Ilex decidua
deciduous holly, possumhaw
X X
X
X
X
Ilex glabra
inkberry
X
X
X
X
X
X
Ilex verticillata
winterberry
X
X X
X
X
X
X
X
cientific Now
Name
Region
Light
Moisture
M
P C
S
P
F
L M
H A
Ilex vomitoria
yaupon holly
X
X
X
X
X
Itea virginica
Virginia willow
X X
X
X
X
Kalmia angustifolia var. caroliniana
Iamb -kill, sheep -kill
X
X
X
X
X
Kalmia latifolia
mountain laurel
X
X
X
X
X X
Leucothoe axillaris
coastal dog -hobble
X
X
X
X
Leucothoe fontanesiana
dog -hobble
X
X
X
X
Leucothoe racemosa
fetterbush
X X
X
X
X
X
Lindera benzoin
spicebush
X
X
X
X
Lyonia ligustrina
northern maleberry
X
X X
X
X
X
Lyonia lucida
shining fetterbush
X
X
X
X
Myrica cerifera*
Southern wax -myrtle
X X
X
X
X
X X
X
Myrica cerifera var. pumila*
dwarf Southern wax -myrtle
X
X
X
X X
Myrica heterophylla*
bayberry, evergreen bayberry
X
X
X
X
Pieris floribunda
evergreen mountain fetterbush
X
X
X X
Rhododendron atlanticum
dwarf azalea
X
X
X
Rhododendron calendulaceum
flame azalea
X
X
X
X
Rhododendron catawbiense
Catawba rhododendron
X
X
X
X
X
X X
Rhododendron maximum
rosebay rhododendron
X
X
X
X
X X
Rhododendron periclymenoides
pinxter flower, wild azalea
X
X X
X
X
X
Rhododendron viscosum
swamp azalea
X
X
X
X
X
X
Rhus copallina
winged sumac
X
X X
X
X
X X
Rosa carolina
pasture rose, Carolina rose
X
X X
X
X
X X
Rosa palustris
swamp rose
X
X X
X
X
X
Rubus allegheniensis
Alleghany blackberry
X
X
X
X
Rubus cuneifolius
blackberry
X X
X
X
X X
Rubus odoratus
purple flowering raspberry
X
X
X
Salix humilis
prairie willow
X
X
X
X
Salix sericea
silky willow
X
X X
X
X
X
Sambucus canadensis
common elderberry
X
X X
X
X
X
Spiraea alba
narrow -leaved meadowsweet
X
X
X
Spiraea latifolia
broad-leaved meadowsweet
X
X
X
Spiraea tomentosa
meadowsweet
X
X X
X
X
X
Stewartia malacodendron
silky camellia
X
X
X
X
Stewartia ovata
mountain camellia
X
X
X
X
X
Styrax grandifolia
bigleaf snowbell
X X
X
X
X
Vaccinium arboreum
sparkleberry
X X
X
X
X X
Vaccinium corymbosum
highbush blueberry
X
X X
X
X
X
X X
X
Vaccinium crassifolium
creeping blueberry
X
X
X
Vaccinium elliottii
mayberry
X
X
X
Vaccinium stamineum
deerberry, gooseberry
X
X X
X
X
X
Vaccinium pallidum
lowbush blueberry
X
X
X
X
X
Viburnum acerifolium
maple -leaf viburnum
X
X
X
X
X X
Viburnum dentatum
Southern arrowwood viburnum
X
X X
X
X
X
X
Viburnum nudum
possumhaw viburnum
X
X X
X
X
X
Viburnum prunifolium
blackhaw viburnum
X
X X
X
X
X
Viburnum rafinesquianum
downy arrowwood
X
X
X
X
Viburnum rufidulum
rusty blackhaw
X X
X
X
X
Xanthorhiza simplicissima
yellowroot
X
X X
X
X X
* These fix nitrogen and should not be used for riparian restoration adjacent to Nutrient Sensitive Waters.
Where grasses are incorporated into the planting plan on the outside of the buffer strip,
only native grasses should be used. Native grasses produce a much more extensive and
deep root system than commonly used non-native grasses such as fescue.
Common Native Grasses
Andropogon gerardii (Big Bluestem)
Andropogon virginicus (Broomsedge)
Arundinaria gigantea (Giant Cane)
Eragrostis spectabilis (Purple Love Grass)
Panicum anceps (Beaked Panicum)
Panicum clandestinum (Deertongue)
Panicum hemitomon (Maidencane)
Panicum virgatum (Switchgrass)
Schizachyrium scoparium (Little Bluestem)
Sorghastrum nutans (Indiangrass)
Tridens flavus (Purple -Top)
Tripsacum dactyloides (Gama Grass)
Planting Density
Trees should be planted at a density sufficient to provide 320 trees per acre at maturity.
To achieve this density, approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing)
trees per acre should be planted initially. Shrubs should be planted at a density sufficient
to provide 1,200 shrubs per acre.
10
Plant Size
In many cases, the most cost effective and successful size plant material is bare root
seedlings. Some species such as the hickories do poorly as bare root seedlings and will
be much more successful as containerized seedlings. In either case, tree shelters should
be used to accelerate growth and increase survivability of seedlings. In addition,
management of competing vegetation after planting is easier, mowing and weed wacker
strikes are prevented, herbicides are isolated from trunk contact, and grazing by deer are
restricted. The use of tree shelters may only be practical from an economic standpoint for
more expensive seedlings of species difficult to establish, such as red oak. Reductions in
maintenance costs and increased seedling vigor associated with tree shelters suggest that
tree shelter plantings may be a more cost-effective approach than planting unprotected
larger material. In urban or other high visibility areas, some specimen trees and shrubs
should be incorporated into the planting plan for projects implemented by the EEP.
When live stakes or dormant cuttings are incorporated in a planting plan, choose only the
previous season's growth. Live stakes should typically be approximately 3/4 inch in
diameter and three feet long, and dormant cuttings should be approximately 1/z inch in
diameter and two feet long.
Suppliers of Native Plant Material
Local nurseries are the best option in acquiring plants that will be successful. Plants
grown from seeds or cuttings collected close to the restoration area will be the most likely
to survive and reproduce.
Planting Layout
The planting plan should indicate that trees and shrubs will be planted in a random
pattern. For inexperienced planting crews, pre -labeled flagged wires can be used to mark
the random location of plantings. These flags can also be color coded for each particular
species. Various colors of spray paint can also be used to differentiate species.
Planting Practices
When planting seedlings, it is helpful to mark the plants with colored flagging to make
them easier to locate during maintenance tasks. The flagging can also be color -coded to
mark plants that have died for replacement at a later date.
Tree protectors are also helpful for locating plants. Tree seedlings should be kept moist
and should not be exposed for extended periods of time. A correctly planted tree should
have the following general characteristics:
• Planted so that the root collar is slightly below the soil surface.
• Have the main roots nearly straight or spread out.
11
• Have soil firm around the roots.
• Have the tree in an upright postion and have it nearly even with the general
ground level, not sunk in a hole or raised on a mound.
Please note that the Neuse and Tar -Pamlico Riparian Buffer Rules allow for a one time
fertilizer application to establish newly planted vegetation. Ongoing fertilizer application
is prohibited by these rules.
Riparian Buffer Maintenance
Control of Grasses and Forbs
In the early stages of riparian buffer establishment, competition for nutrients by
adjacent grasses and forbs will substantially inhibit seedling growth. Release
from herbaceous competition has been demonstrated as the most cost-effective
method to accelerate the growth of seedlings. The plan for buffer establishment
must incorporate control of the herbaceous layer. Options for weed control include four
to six inches of well -aged hardwood mulch, weed control fabrics, or pre -emergent
herbicide. Typically, mowing to control weeds will be impractical based on the random
distribution of plantings. Weed control should be continued for three years from the time
of planting.
Areas of Concentrates# Flow
During the required five year monitoring period, the riparian buffer should be inspected
for evidence of concentrated flow. If concentrated flow has begun to form, a level
spreader or other best management practice should be installed to diffuse the flow before
it enters the restored riparian buffer.
Illustrations by Karen M. Lynch
12
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4145
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT 198200030 (WORK IN LAKES AND RESERVOIRS OWNED,
OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES, TVA, AND LOCAL
GOVERNMENTS), AND
• REGIONAL GENERAL PERMIT 198200079 (WORK IN LAKES OWNED AND/OR OPERATED
BY THE USACE IN NC AND VA)
Water Quality Certification Number 4145 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 Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permits 198200030 and 198200079.
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.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director
GC4145
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities that result in fill, dredging, or excavation of waters or wetlands below the
normal high-water level; except for maintenance dredging of less than 0.5 acres of open
water provided that the areas are not dredged beyond their original depth and width; or
c) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS -I, WS -II, Trout, or North Carolina or
National Wild and Scenic River; or
d) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL); or
e) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B.0200); or
f) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. Rip -rap shall be installed waterward of bulkheads to ensure protection of aquatic habitat.
Construction over wetlands shall be elevated at least three (3) feet above any wetlands, and
floating structures shall not rest periodically on the bottom. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
2. Piers and boat houses shall be constructed to provide for storage and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly into surface waters.
[15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 2 of 10
GC4145
3. Except for areas covered under Condition #4 of this Section below, excavation and/or filling
of wetlands is not authorized by this Certification. [15A NCAC 02H .0501]
4. Canals or boat basins shall not be dredged beyond their original depth and width. The area
shall not be dredged to a depth deeper than the receiving water. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non -404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
Page 3 of 10
GC4145
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS -I, WS -II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require application
to and written approval from DWR. [15A NCAC 0213 .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
Page 4 of 10
GC4145
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
11. 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) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
12. Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers) or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
13. Culverts 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. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% 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.
Page 5 of 10
GC4145
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used . where practicable instead of rip -rap or other bank hardening
methods.
14. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 0213 .0200 and 15A NCAC 0213 .0231]
Page 6 of 10
GC4145
16. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 026 .0200]
17. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
19. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
20. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
21. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 7 of 10
GC4145
22. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H
.0506(b)(3) and (c)(3) and 15A NCAC 026.0211 (12)]
23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
24. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
25. If an environmental document is required under the State Environmental Policy Act (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. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A
NCAC 01C .0107(a)]
26. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to, Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
27. The applicant 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 DWR 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 DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
28. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
Page 8 of 10
GC4145
29. 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 a certificate of completion (available on the DWR
website: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
30. Additional site-specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
31. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .05021
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
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GC4145
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or 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 water or
downstream waters are precluded.
History Note: Water Quality Certification Number 4145 issued December 1, 2017 replaces
WQC4098 issued March 3, 2017; WQC 3898 issued March 19, 2012; WQC Number 3693 issued
November 1, 2007; WQC Number 3639 issued March 19, 2007; WQC Number 3492 issued
December 31, 2004; and WQC Number 3373 issued March 18, 2002.
Page 10 of 10
Strickland, Bev
From: Annino, Amy M
Sent: Tuesday, March 20, 2018 1:47 PM
To: 'Elliott, William A CIV USARMY CESAW (US)'; Leslie, Andrea J; Ronald Harmon
(rharmon@mcdowellgov.com); John.Harmon@duke-energy.com
Cc: 'Marshall Matthews'
Subject: DWR 2018-0159 Approval - Long
Attachments: 20180320_Long, 131 Clear Sail Way_APRVL.docx.pdf, EEP Guidelines for Buffer
Restoration 2004.pdf, GC4145.pdf, 11-15-2017 Certificate of Completion.pdf
Please see attached DWR Shoreline Stabilization Approval for the subject property in McDowell County.
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(o)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-��Nothing Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties