20000319 Ver 3_Approval Letter_20200522

May 22, 2020

DWR # 2000-0319V3
New Hanover County
Wilmington Waterfront Property Owner, LLC
Attn: Graham Tyrrell
8255 Greensboro Drive, Suite 200
Mclean, VA 22102

Subject: Approval of 401 Water Quality Certification with Additional Conditions
Kettler Wilmington Riverfront (19 Harnett St – Wilmington, NC 28401)

Dear Mr. Tyrrell:

You have our approval, in accordance with the attached conditions and those listed below to p erform
excavation of only rip-rap related material impacting approximately 0.029 acres of open water area and for
the bulkhead installment impacting approximately 0.006 acres of open water area, as described in your
CAMA Major Development Permit application, which was received by the Division of Water Resources
(Division) on April 22, 2020. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 4175 (GC 4175).

This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps
of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, 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 requires you to follow the conditions listed in the attached certification and any additional
conditions listed on the following pages.

The Additional Conditions of the Certification are:

1. 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. If you change your
project, you must notify the Division and you may be required to submit a new application package with
the appropriate fee.

2. The applicant shall require his contractors (and/or agents) to comply with all of the terms of
this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.

3. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific project
shall remain in effect for the life of the project, regardless of the expiration of this Certification.
DocuSign Envelope ID: 8CE3162B-5368-4036-AE41-D0E7BC560A21

4. The applicant/permitee 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, than the Division may reevaluate and modify this General Water Quality Certification.

5. 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 02B .0211 (12)]

6. The permittee shall report to the Wilmington Regional Office at [phone] (after hours and
on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or
wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission shall
also be provided within 5 business days of the time the applicant becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement
on a case-by-case basis.

7. Moratoriums

You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC
Wildlife Resources Commission. In -water work moratoriums shall be observed as required by the NC
Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine
Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous
species and shorebirds), biological monitoring may be required at the request of other state and federal
agencies and coordinated with these in-water activities.

8. Please note that the area surrounding the project site is designated as a Primary Nursery Area
(PNAs). No impacts to PNAs are authorized by this certification outside the approved impacts specified
herein. [15A NCAC 07H .0208(b)]

9. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in
15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215

10. Certificate of Completion

DocuSign Envelope ID: 8CE3162B-5368-4036-AE41-D0E7BC560A21

Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the
enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina
Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project
completion (the certification of completion is also available at:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).

Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire
upon expiration of the 404 or CAMA Permit.

This approval and its conditions are final and binding unless contested. 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). A petition form may be obtained
from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone] for
information.

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00 am and 5:00 pm, excluding
official state holidays).

The petition may be faxed to the OAH at [phone], 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: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:

Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water
Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at
910.796.7303 or [e-mail].

DocuSign Envelope ID: 8CE3162B-5368-4036-AE41-D0E7BC560A21

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Enclosures: GC 4175

cc: Curt Weychert DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
Dana Lutheran, Southern Environmental Group, Inc., EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

DocuSign Envelope ID: 8CE3162B-5368-4036-AE41-D0E7BC560A21
5/22/2020
f;' fr A if l
&TAN 1111
.
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT
ACT),
• REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS)
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE
ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS
198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE
PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54
Water Quality Certification Number 4175 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 Regional General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of
Engineers Regulations.
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: February 1, 2019
Signed this day: February 1, 2019
'M/
for Linda Culpepper, Director

XMW
a\ Activities authorized bvCAK4AMajor Deve|OprnentP8nnit3 except:
i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation Or filling 0fcoastal wetlands (a5
defined inl5ANCA[O7H.O2O5)shall not exceed lO0square feet;
ii\ Shoreline protection measures (excluding ||ving5hOr2|ines/nn8r5h sills) that /l\
tie into existing bulkheads, land or other shoreline protection measures or (2) do
not extend vvatervvard of the normal high water or normal water line more than
10 feet, provided the activity will not involve the excavation or filling of any
Submerged Aquatic Vegetation (3AV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts |8Ss than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCACO7H .0205)shaU not exceed IO0square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend vvo1enward of the nOrrn8| high water or normal water line more than 30
feet or five feet vvatenmard of the existing wetlands whichever distance is
greater, (Z) the activity will not involve the excavation or fill of any Submerged
Aquatic Vegetation (SAV) orsignificant shellfish resources (as identified by the
Division of Marine Fisheries), and (3) does not result in any fill landward of the
toe of the sill alignment, provided the Division of Coastal Management
representative submits a copy of the written authorization for the General
Permit tothe Division upon issuance; or
iv) Piers and docks designed to accommodate up to but not exceeding 10vesse|s
(except where prohibited in Outstanding Resource Waters /[)RVV\ as defined in
15A N[AC 02B.0225/7\ & (8)\ and where the water depth is equal to or greater
than two feet of water at normal |0vv xv@t8r level Or nOrnn8| vvotSr level
(whichever i62ppUcab|e\;
v) Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands, provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and noSAVorshellfish beds are
excavated Orfilled;
vi\ Projects that involve only shading of waters or wetlands that do not meet the
criteria listed initem (iv)above;
vii> Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDE8 Permit, as long asall impacts are temporary;
viii\Upland development which involves no more than I/IO of an acre of excavation
or filling of non -coastal wetlands, with the exception that no more than 2,000
square feet of the non -coastal excavation or filling may take place within a
Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this
area calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

considered, which may include boat ramps, bulkheads Or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of4O4 jurisdictional wetlands
as long as written concurrence is not required from DVVRfor the applicable US
Army Corps ofEngineers Nationwide Permit; 8r
b\ Commercial shellfish aquacu|ture activities that qualify for Nationwide Permit 48, provided
the Division of Marine Fisheries /DIVIF\ Lease Program submits the proposed site map and
investigation report to DVVR for comment prior to the DK4F Director's recommendation on
the application for public notice Ordenial; or
c\ Any stream relocation or stream restoration; or
d\ Any high -density project, as defined in 15A NCAC 02H .1003(2)/a\ and by the density
thresholds specified inI5ANCACQ2H.IOl7,which:
i\ Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii) Proposes permanent wetland, stream oropen water impacts; and
iii) Proposes new built -upon area; and
iv) Does not have a utOrrnvvater management plan reviewed and approved under a
state 6tOrrnxvater program' or 3 state -approved local government stOrnovvater
programnz.
Projects that have vested rights, exemptions, or gr3ndfatherin# from state Or locally -
implemented stOrnnvvater programs and projects that satisfy state or |0C8||y-innp|ernen1ed
stornovvater programs through use of community in -lieu programs require written
approval; or
e\ Any impacts toSAVorsignificant shellfish resources msidentified bythe (DK4F);Or
f\ Any impacts Unique Wetlands (UVVL);0r
g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
NC Wetland Rules /15A NCACO2H .0500\, 0C Isolated Wetland Rules (15A N[A[O2H .1300),
N[Surface Water orWetland Standards /15A 0CACO2B .0200\, or State Regulated Riparian
Buffer Rules (15ANCAC038 .0200); or
h\ Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico River Basins (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 GS"EXEK8PT°from these rules; Or
ii\ A Buffer Authorization Certificate is issued by the NC Division of [085ta|
Management (D[M);or
iii) A Buffer Authorization Certificate Or a Minor Variance is issued by a delegated Or
designated local government implementing 3 state riparian buffer program
pursuant tO143-215.23.
'e�.Coastal Counties, HDVV ORVV orstate-implemented Phase UNPDES
2e.g. Delegated Phase || NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, o/ Universal Sto/mwa er
Management Program
Page ]of13

Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management
Act (CAMA) General Permits do not require written approval from the Division as long as they
comply with all of the Activity Specific and General Conditions of this Certification listed
below. In any of the Activity Specific or General Conditions of this Certification listed below
cannot be met, then written approval from the Division is required.
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DVVRVVashington (252'946-6481) or Wilmington (910-
796-72I5) Regional Office, as applicable, are notified and provide approval prior tothe
release. [15ANCACO2B.0221]
2. If this Water [}ua|hv Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to 6tn26rn5 or wetlands. If required in writing by DVVR, the applicant Sh3|| provide
evidence that the parcels are buildable without requiring additional impacts towetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
]. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [1 5A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCA[ 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These nn8Chanisnn5 shall be put in place atthe time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
5. For living shorelines, the sills shall have at least one five-foot opening every 100f8et and
may be staggered or overlapped or left open as long asthe five-foot separation between
sections is maintained. Overlapping sections Sh8|| not overlap more than 10feet. |lSA
b. For living shorelines, the pennh±ee shall ennpk»/ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters
and wetlands outside the permitted area. This shall include, but is not limited to, the
immediate installation of silt fencing, turbidity curtains or similar appropriate devices
around all areas subject to soil disturbance. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control A[± and the Mining Act
Page 4 of 12

7. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (f) above shall comply with one of the following
a. Provide a completed StOrnlxvater Management Plan /SK4P\ for r8v2vv and approval,
including all appropriate Storrnvxatercontrol rneaSun2 (S[K4)supp|enoenta| forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. StornnxxGter management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1009(2)(a), density thresholds shall be determined in accordance with 25A NCAC
OZH.lO17.
b. Provide documentation (including calculations, photos, etc.\that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stOrrnvvater runoff when considering
the volume and velocity ofStDrrnvvatgr runoff from the project built upon area and the
size and existing condition Ofthe receiving s1rearn(s).
Exceptions to this condition require application to and written approval from DWR.
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 tQthe project requirenotifiC8tiontoDVVRandrnGyrequir8
anapplication submittal tqOVVRwith the appropriate fee. [15ANCACO2H.O5O1and .O5O2]
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 DVVR; or beyond the thresholds established for use Of this Certification without
written authorization. [I5ANCA[O2H.OSO1and .O5O2]
NOremoval Of vegetationorother impacts Ofany kind shall occur tostate regulated riparian
buffers beyond the footprint of impacts approved in e 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 OZH .0505(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
dam Sh8|| not require mitigation when the removal ronnpU8s 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 vvith4O4 jurisdictional
wetlands for the purpose Of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects th8t3renOt
determined to be part of larger common plan of development by the US Army Corps of
Page 5 of 12

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.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113AArtiole 4 (Sediment and Pollution Control Act of 1975).
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
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 Enos/on Control Manual, Or for linear transportation
projects, the NCDOTSediment 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
3tOrrnvvaterrouting 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 Sh8||
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act Of1971.
|fthe project occursinxvaterSOrvvat8rshedsc|assifiedasPrirnaryNurseryAreas(PNA5),SA,
VVS-|, VVS-||, High Quality Waters /H{}\N>, OrOutstanding Resource Waters /ORVV\, then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15ANCAC04B.Ol24,Design Standards /nSensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands orwaters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions tDthis condition require application to and written approval from DVVR. [15A
NCA[O2H.OSO1and .O5O2]
Page 6of12

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]
O. An NPDE5 Construction Storrnvv@ter Permit /NCGO20000\ is required for construction
projects that disturb one /1\ or more acres of land. The M[GO10000 Permit allows
storrnvvater 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 isrequired. [15A
The North [on]Un3 Department ofTransportation (NCDOT)shaU be required tobe in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPOES (NC5000250) stornnxvater permit. [15A N[AC 02H
8. All work in or adjacent to streams shall be conducted Bo that the flowing stream does not
o)rne in contact with the disturbed area. Approved best management practices from the
most current version Of the NC Sediment and Erosion [onbo/ Manual, or the NC [)(]T
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 tothis condition require application to and written approval from DVVR.
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 W[AC 02H
All rn0ratohurn6 on construction activities established by the NC Wildlife Resources
Commission (VVRC), US Fish and Wildlife Service (USFVVS), NC Division of Marine Fisheries
(DK4F)or National Marine Fisheries Service (NN4RG) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. Acopy ofthe approval from the resource agency shall beforwarded toOVVR.
Work within a designated trout watershed of North Carolina (J5 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,
11.Culvert5 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 ofthe stream above and below a pipe or culvert shall not be modified
bywidening the stream channel orbyreducing the depth ofthe stream inconnection with
the construction activity. The width, height, and gradient of proposed culvert shall be
Page 7of12

Such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [ISA NCAC 02H .0506(b)(2) and (c)(2\l
Placement of culverts and Other structures in streams shall be below the elevation of the
streennbed byone foot for all culverts with a diameter greater than 48 inches, and 20Y6 of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage Ofwater and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section asclosely 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 596, 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 toinclude
a |OC8tiOn rnGp of the culvert, culvert profile drawings, and dope calculations, 5h8U be
provided toDVVR6Ocalendar days prior 1nthe installation ofthe culvert.
When bedrock i5present 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, geoterhniC8| reports,
photographs, etc. shall be provided to DVVR a minimum of5O calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DVVR shall be
notified byphone oremail within 24hours 0fdiscovery.
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 DVVR.
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 FEK4A-designated f|oOdvveys or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system JS well as prevent constriction of the flOOdvv8y that may result in
destabilization ofstreams orwetlands.
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.
Page 8 of 12

12.Bhdge deck drains shall not discharge directly into the stream. Stonnvvat8r shall be
directed across the bridge and pre-treated through site -appropriate means tQthe maximum
extent practicable (e.g. grassed svva|es, pre -formed scour holes, vegetated buffers, etc.)
before entering the streamn.-Exceptionstothis condition require application to and written
approval from DVVR. [15ANCACO2H.0506/bV5\l
13.App|iCatiOn 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
NCACO2B.O2OOand l5A0C4CU2B.O33l]
14.|f concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured Orcuring concrete and waters ofthe state. Water
that inadvertently contacts uncured concrete shall not bedischarged tOwaters ofthe state.
[25ANCACO2B.0200]
15.AU 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, planforrn 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. [ISA NCA[ 02H
16. 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 8kzrb\ Carolina Sediment and Erosion
Control Planning and Design Manual orthe North Carolina Surface Mining Manual orthe
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities 5Oasnot tOrestrict stream flow orcause dis-equi|ibriunnduring
17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
t8rnp0n8ri|y disturbed areas shall be restricted to the area din2[±|y impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and 5treamnb@nhcontOurs 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.
18.Any hp -rap used for 5tn2arn 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
5treanobed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
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19.AopUca1iOn5 for hp -nap groins proposed in accordance with 15A N[AC 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 inI5ANCA[O7H.14Q5.
lO.AU mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
Drother toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters tOthe rnaxinnurn 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
O2H.O5OG(b)(3\and (c)/3\and 15ANCACO28.0211(12)l
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize SUi| disturbance. [15A N[ACO3H .0506/b\(3) and (c)(3)]
22.|n accordance with 143-215.85(b)the applicant shall report any petnQ|guno spill of 25
gallons or more; any spill regardless Ofamount that Causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within IOO feet of surface waters; and any
petroleum spill less than 25 gallons that cannot becleaned upwithin 24hours.
38. 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 /WEPA\, 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
NCACOlC.O1O7(a)l
24.This (Senen3| 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, Won-
Discharge,Water Supply Watershed, and Trout Buffer regulations.
25.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. |fDVVR 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 OVVR may revoke or
modify a written authorization associated with this General Water Quality Certification.
Page 10 of 12

26. 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)]
27. 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 htt se edocsodeg,nc,00rrr�s/Certificate-of-Comletion). [15A NCAC 02H
.0502(f)]
28. 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)]
29. 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 .0502]
Ill. 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)]
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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 ineffect
onthe date ofissuance ofCertification for 3specific project Shal|renmainineffectforthe|ife
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 Genera{ Permits or when deemed
appropriate bythe Director ofthe Division ofWater Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific projectrnay
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
formal application for Individual Certification for any project in this category ofactivity 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 orfederally listed endangered
or threatened aquatic species, Or degrade the waters so that existing uses of the water or
downstream waters are precluded.
KistOryNobe: N/oteT Quality Certification(N/0[)Number 4275 issued February 2,2O19 replaces
WQ[4175 issued December 14, 2018; WQC4244 issued December 1, 2017, WQC4097 issued
March 6, 2027| N/QC Number 3900 issued March 29\ 2022| N/QC Number 3641 and 3642 issued
March 19, 2007; N/QC/Vu/nbers 3372 ond3400 issued March 28, 2002, N/Q[Number 3274
issued June 1, 2000; N/Q[ Number 3222 issued February 12, 2997| and kkl}C /Vunnb8r30Z5
issued September 6,1995.
Page 12 of 12