20081474 Ver 1_Approval Letter_20090504

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
May 4, 2009
Columbus County
DWQ Project #: 08-1474
Mr. Frank Horne
P.O. Box 338
Fair Bluff NC 28439
Subject Property: 1012 Causey Road (After-The-Fact) - (Revised)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Horne:
You have our approval, in accordance with the attached conditions to impact 0.99 acres of 404 Wetlands
and 20 linear feet of stream for construction of a residence adjacent to the Lumber River and for
construction of an access road with utilities as described in your application received by the N.C. Division
of Water Quality (DWQ) on February 26, 2009. After reviewing your application, it has been determined
that the impacts are covered by General Water Quality Certification Number 3704 (GC3704). This
Certification can be found on line at: httD://h2o.enr.state.ne.us/ncwetlands/rd wetlands certifications.htm.
The Certification(s) allows you to use Nationwide Permit 14 when issued by the US Army Corps of
Engineers (USACE). 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.
The Additional Conditions of the Certification are:
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 Wetlands 0.99 acres Page 9 of 13 in PCN
Stream 20 (linear feet) Page 9 of 13 in PCN
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone]
FAX [phone]
Nose Carolina
Customer Service 1 -877-623-67,
Internet: h2o.enr.state. nc.us
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Frank Home Residence
Columbus County
2008-1474
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the CAMA Major application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. 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.
4. Culvert Installation
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48
inches, and 20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ. Culverts required for this project shall be installed in
such a manner that the original stream profiles are not altered. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be maintained above
and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or
become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
5. 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.
6. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
To restore hydrologic features of the wetlands on your site, it is necessary to restore the original
capacity of the canal by installing clay plugs and allowing sediment to backfill and narrow the canal. In
accordance with the Settlement Agreement signed by the DWQ and Mr. Frank Horne of Frank Horne
Construction, Inc. on 2/18/09, you must fill and restore 0.26 acres of the canal in 5 separate plugs.
r
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Frank Horne Residence
Columbus County
2008-1474
8. Wetlands restoration work will be performed later in the year when the area is as dry as possible, so that
completion of work is accomplished by October 1, 2009. Should you, for reasons beyond your control,
be unable to complete the work within the time agreed upon, you may submit to the DWQ Wilmington
Regional Office a timely request for extension of the deadline. DWQ may agree to consider such
request and act upon it within reasonable discretion.
9. In accordance with the Settlement Agreement signed by the DWQ and Mr. Frank Horne of Frank Horne
Construction, Inc. on 2/18/09, you shall execute and cause to be recorded in the Columbus County
Register of Deeds a conservation declaration (see attached copy) and preservation map for the purpose
of maintaining approximately 21.32 acres of on-site jurisdictional wetlands as conservation areas, as
described within the PCN under Section VIII (page 10 of 13) and shown on the preservation map
submitted to the DWQ on April 16, 2009, in their natural and mitigated state in perpetuity. This
includes all of the property except the house site, the road, and uplands portion of the parcel. A
recorded copy of the conservation declaration and preservation map must be submitted to this Office
and to the 401 Oversight and Express Unit in Raleigh by July 1, 2009.
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.
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 conditions are final and binding unless you ask for a
hearing.
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
Division of Water Quality
Enclosures: GC 3704
Certificate of Completion
cc: Tom Gulley - Needham Environmental, Inc., 9100 Charlestowne Road, SE, Winnabow,
NC 28479
Jennifer Frye - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
John Hennessey - NPS-ACO Unit
Niki Maher - NPS-ACO Unit
WiRO
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STATE OF NORTH CAROLINA
COLUMBUS COUNTY
CONSERVATION DECLARATION
Prepared by:
Dennis T. Worley
P.O. Box 457
Tabor City, NC 28463
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Declaration") is made on this day of March, 2009, by Frank Horne
Construction Company, Inc., a corporation organized and existing under the laws of the State
of North Carolina ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
("Property"), being approximately 21.32 acres, more particularly described
and identified as Tract "B" on a plat entitled "Survey for Frank Horne
Construction, Inc." consisting of 21.32 acres, with said plat being recorded in
Map Book , Page , Columbus County Registry. Specifically excepted from
this Conservation_Easement is the uplands area road and house area shown and
depicted on the survey as 5.99 acres identified as Tract "A",
which is incorporated by reference for further certainty and accuracy of description as to the
conservation area.
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values and characteristics of the Property, and prevent the
use or development of the Property for any purpose or in any manner that would conflict with the
maintenance of the Property in its natural condition. The preservation of the Property in its
natural condition is a condition of the Frank Horne Construction 401 Water Quality Certification
issued by the Department of Environment and Natural Resources, Division of Water Quality,
Project Number 2008-1474 and 401 Water Quality Certification Number 3704 and is required as
mitigation pursuant to a settlement in that certain action entitled Frank Horne Construction, Inc.
Petitioner v. Division of Water Quality, Respondent, Office of Administrative Hearings Case
Number: 08 EHR 2101 and Division of Water Quality case number WQ 07-0006. It is further
noted that the contested case was resolved by memoranda of settlement dated February 18, 2008
wherein this Conservation Declaration was required as said settlement. The parties intend that
the provisions hereof may be enforced by the Division of Water Quality or its successors.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property shall be held subject to the following restrictions, covenants and conditions as set out
herein, to run with the subject real property and to be binding on all parties that have or shall
have any right, title, or interest in and to said property.
J
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing and subject to the requirements of the 401 Water
Quality Certification referenced above, the following activities and uses are expressly prohibited
or restricted.
A. Disturbance of Wetlands and Natural Features. Any change, disturbance,
alteration or impairment of the wetlands or other natural features of the Property or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, road, driveway, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or
permanent structure or facility on or about the Property.
C. Industrial Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural uses of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the Property.
G. Signage. No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs identifying
the Declarant as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change on the topography of the land in any manner on the Property,
except to maintain or restore the natural hydrology, topography or drainage patterns.
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J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or
biocides is prohibited.
K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks, on the Property is prohibited.
L. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
M. Other prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration may be enforced by the Division of Water Quality ("DWQ") of
the North Carolina Department of Environment and Natural Resources and its successors and
assigns. This covenant is to run with the land and shall be binding on all parties and all persons
claiming under the Declarant.
B. DWQ, its employees and agents and its successors and assigns, have the right,
with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle
DWQ to bring any action against Declarant for any injury or change in the Conservation
Property caused by third parties, resulting from causes beyond the Declarant's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in
good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to Property or harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any existing
utility lines, Declarations and rights of way.
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B. Title. The Declarant covenants and represents that the Declarant is the sole owner
and is seized of the Property in fee simple and has good right to make the herein Declaration;
that there is legal access to the Property, and that the Property is free and clear of any and all
encumbrances, except general utility easements, restrictions of record, if any, and the terms and
conditions of all applicable building codes and zoning ordinances.
ARTICLE V. MISCELLANEOUS.
A. Conservation Purpose. Declarant, for itself, its successors and assigns, agrees that
this Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Columbus County, North Carolina, and may re-record it
at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Propertt. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Property described herein is and at all times hereafter will continue to be in full compliance with
all federal, state and local environmental laws and regulations, and (b) as of the date hereof there
are no hazardous materials, substances, wastes, or environmentally regulated substances
(including, without limitation, any materials containing asbestos) located on, in or under the
Property or used in connection therewith, and that there is no environmental condition existing
on the Property that may prohibit or impede use of the Property for the purposes set forth in the
Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
FRANK HORNE CONSTRUCTION COMPANY, INC.
By:
Frank Horne, President
STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
a Notary Public, do hereby certify that Frank
Horne personally appeared before me this day, and acknowledged that he is the President of
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Frank Horne Construction Company, Inc., a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed and sealed in
its name by him as its President.
WITNESS my hand and notarial seal, this -day o2009.
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\6506034.3
Water Quality Certification No. 3704
Water Quality Certification Number 3704 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 26
.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers
regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .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.
Any proposed fill or modification of wetlands and/or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division") except for the single family lot exemption described below.
Application and written approval is not required for construction of a driveway to a single family lot
as long as the driveway involves less than 25 feet of temporary and/or permanent stream channel
impacts, including any in-stream stabilization needed for the crossing. This activity must meet all
of the Conditions of Certification listed below. If any of these Conditions cannot be met, or if the
activity is associated with or in response to a Notice of Violation from the Division of
Water Quality or the NC Division of Land Resources, then written approval from the
Division is required.
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, one payment to both agencies shall be submitted and will be the higher
of the two fees.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold for
Use of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval or beyond the
thresholds 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. 3704
GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification No. 3704
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
(PNA's), Trout Jr), SA, WS-I, WS-I1, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 046 .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 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.enr. state.nc.us/su/Forms Documents.htm.
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.
Water Quality Certification No. 3704
Water Quality Certification No. 3704
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 of Water Quality.
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 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.
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 100-foot wide vegetative buffer (high-density development) or the 30-foot wide
vegetative buffer (low 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 wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
may require mitigation.
Water Quality Certification No. 3704
Water Quality Certification No. 3704
In watersheds classified as: ORW, HQW, Tr, WS-I, and WS-II, compensatory stream
mitigation may be required at a 1:1 ratio for not only perennial but also intermittent stream
impacts equal to or exceeding 150 feet, unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance.
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 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 to use 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 whenever practical or at
the earliest reasonable time during the construction of the project. 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 permanent 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 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, the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a
Stormwater Management Plan in accordance with the version of Stormwater
Management Plan (SMP) Requirements for Applicants other than the North
Carolina Department of Transportation posted on the Division web site at the time
of application shall be provided for any project that meets both of the following two
criteria:
i. Requires this 401 Water Quality Certification, (regardless of whether
written authorization is required by the Division), AND
Water Quality Certification No. 3704
Water Quality Certification No. 3704
Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate. Use of this
Certification to construct a private driveway to one single-family
residential lot will not trigger the stormwater management plan
requirement.
B. For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy this condition.
13. If this Water Quality Certification is used to access building sites, all lots owned by the
applicant must be buildable without additional fill. For road construction purposes, this
General Water Quality Certification shall only be utilized from natural high ground to natural
high ground.
14. 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 or equal to 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.
15. Additional site-specific conditions may be added to the written approval in order to ensure
compliance with all applicable water quality and effluent standards.
16. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
Water Quality Certification No. 3704
Water Quality Certification No. 3704
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. 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.
19. This General Certification shall expire three (3) years from the date of issuance of the written
approval from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031. 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.
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 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 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.
Water Quality Certification No. 3704

Water Quality Certification No. 3704
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3704 replaces Water Quality Certification
Number 2177 issued on November 5, 1987; Water Quality Certification Number 2666 issued on
January 21, 1992; Water Quality Certification Number 2732 issued on May 1, 1992; Water Quality
Certification Number 3103 issued on February 11, 1997; Water Quality Certification Number 3289
issued on June 1, 2000; Water Quality Certification Number 3375 issued March 18, 2002, Water
Quality Certification Number 3404 issued March 2003 and Water Quality Certification Number
3627 issued March 2007. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permit 14 or Regional General Permit 198200031or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3704 7
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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
County:
Date:
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 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.
Signature: Registration No.
, 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,
Date