33-17 Minor Mod 2023 Waters Edge HOA

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r M 1, t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
33-17
Issued to Water's Edge HOA, 1213 Culbreth Drive, Wilmington, NC 28405
Authorizing development in Pender County at AIWW & Topsail Sound, at the southern
terminus of Great Oak Drive as requested in the permittee's application dated 2/28/23, including
attached workplan drawings (4) Sheets 1-4 of4. dated 11/30/22.
This permit, issued on April 21, 2023 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
De suoject to Tines, imprisonment or civu action; or may cause ine permit to oe nuit ano vote.
Dockinia Facility Reconfieuration
1) Unless specifically altered herein, this Minor Modification authorizes the demolition of the existing
northernmost component associated with the five slips of"Docking Facility B". Additionally, this
Minor Modification authorizes the reconstruction and expansion of the existing southernmost
component of"Docking Facility B", all as expressly and specifically set forth in the attached letter
and workplan drawings. Any additional development activities may require a modification of this
permit.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 9 formalized boat slips.
This permit action may be appealed by the pennittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2026
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Water's Edge HOA
ADDITIONAL CONDITIONS
Permit No. 33-17
Page 2 ofZ,
3) No portion of the authorized docking facility shall extend more than one quarter of the width of the
water body. Measurements to determine width of the water body shall be made from the normal high-
water line or the waterward edge of any coastal wetland vegetation which borders the water body,
whichever is more restrictive.
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
5) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
6) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters
7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
9) This Minor Modification shall be attached to the original Permit No. 33-17, which was issued by CRC
Variance to the permittee on 3/6/17, as well as all subsequent modifications, refinements, and renewals,
and copies of all documents must be readily available on site when Division personnel inspect the
project for compliance.
10) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2003-00506.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2004-0337
V4.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

as T
NORTH CAROLINA
F_avironmenlal Quality
TO:
THROUGH:
FROM:
DATE:
ROY COOPER
Governor
ELIZABETH S. BISER
secretory
BRAXTON DAVIS
Director
Cameron Luck
Major Permit Coordinator
Tara MacPherson, District Mana€
Jason Dail, Field Representative,
February 28, 2023
SUBJECT: Minor Modification Request
CAMA Major Permit No. 33-17
Water's Edge HOA
Project site is located between 127 and 129 Waters Edge Drive, Hampstead, NC
Pender County
Mr. Jeff Teeters, on behalf of Water's Edge HOA, has submitted a request to modify CAMA Major
Permit No. 33-17, which was issued by CRC Variance on March 6, 2017, and is scheduled to expire on
December 31, 2026.
The permittee is requesting approval to demo a portion of "Docking Facility B", which is located along
the interior portion of Mill Creek, in Hampstead, Pender County. Docking Facility B was authorized
under CAMA major permit No. 68-03 (Jimmy's Island LLC) and consist of a nine -slip docking facility.
The docking facility was separated into two individual components with separate accessways and floating
docks, with the northern most access consisting of a 6' x 330' pier, 16' x 16' covered gazebo and a 6' x
150' section of floating dock. The northernmost dock comprises five slips and the southernmost dock
associated with "Docking Facility B" comprises four slips.
According to information provided by the applicant, the northernmost component of Docking Facility B
sustained a considerable amount of damage as a result of Hurricane Florence, and instead of replacing the
dock in it's current location (including pier and floating sections), the permittee is requesting
authorization to relocate the floating dock to the southern side of the existing four slip docking facility
associated with Docking Facility B (see Figure 3 dated received by DCM on 2/24/23). By relocating the
floating dock, it would eliminate approximately 6' x 330' of access pier that would need to be re-
constructed, as well as the existing 16' x 16' covered gazebo.
As proposed, the permittee would alter the layout of the nine -slip docking facility, while remaining within
the authorized footprint, and within the riparian corridor of the HOA. As designed, the 6' x 150' section
of floating dock would be re -located to an area that appears to have approximately -2.5 to -3.5' @ normal
low water. Based on information provided by the permittee, the proposal appears to be consistent with the
'/4 width Rule requirement and would be located landward of the near shore edge of the maintained
channel.
Slate of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215
'

Water's Edge HOA
Minor permit modification — No. 33.17
Page two
February 28, 2023
Based on the information provided, regarding the minor modification request (plans and documents),
there does not appear to be any impacts to any wetlands. Additionally, the proposed changes would result
in a net decrease in shaded impacts (by virtue of eliminating a 6' x 330' access pier), and the
size/footprint of the development plan would remain consistent with DCM's Rules concerning the
Estuarine Shoreline and Public Trust AECs.
At this time, this office has no objection(s) to this renewal request. The applicant has submitted a check
(No. 002084) in the amount of $100 to cover the processing fee.
By copy of this memo, DCM is requesting that the respective agencies provide any comments on the
proposed project to Cameron Luck of DCM's Morehead City office within 14 days of receipt of this memo
cc: Wilmington Files
MHC File, DCM
Holley Snider, DWR
Maria Dunn, WRC
Liz Hair, USACE

6a. Project Narrative for Water's Edge Marina Demolition and Rebuilding
Pertinent Background
We seek to modify Major Permit 33-17, which expires in December of 2026. The community of
Water's Edge in Pender County has 18 lots. As stipulated in our covenants, no lot may have a
pier or dock. As figure I illustrates, we have two community docks, each containing 9 boat slips:
Dock Facility A on the ICWW near day beacon 100 and Dock Facility B on Mill Creek. The 9
slips at Dock Facility A were rebuilt after Hurricane Florence and are in excellent shape. No
work is to be done at Dock Facility A on the ICWW.
The 9 slips at Water's Edge Dock Facility B suffered significant uplift and damage from
Hurricane Florence and other recent storms. We seek to demolish, remove, and rebuild the
marina using a reduced environmental footprint.
When constructed in 2004, there was an ordinance against marinas such as ours having more
than 5 contiguous slips (Figure 2). The docks were built using a "split plan" using two fixed piers
(totaling 570linear feet) leading to two separate gazebos (256 sq ft each) and two sections of
floating dock (totaling 270 linear feet).
The previous regulation is no longer in effect and we could rebuild Dock Facility B with far less
economic and environmental impact if we were to use a single fixed pier (Figures 3 & 4). We
propose a streamlined rebuild that involves a single fixed pier (240') and a single gazebo (20' x
20'). Slips 14-18 would be relocated and adjoined to slips 10-13, forming one continuous floating
dock. The floating dock would have slips for 9 boats on the front edge facing the channel. No
boats or watercraft would be docked on the backside facing land. Our footprint would be reduced
by 230 linear feet of fixed dock and 144 sq feet of gazebo.
6b. Work Plat
No work has been completed.
6c. Site Map
See Figure 1
6d. Copy of Deed
On file
RECEIVED
EB 2 4 2023
DCiV! WILMINGTON, ND

DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
The 9 slips at Water's Edge Dock Facility B are accessed by common easement between lots 17 and 18 on the
community plat. They have suffered significant uplift and damage from Hurricane Florence and other recent
storms. We seek to demolish, remove, and rebuild the marina using a reduced environmental footprint.
When constructed in 2004, there was an ordinance against marinas such as ours having more than 5 contiguous
slips. The docks were built using a "split plan" using two fixed piers (totaling 570 linear feet) leading to two
separate gazebos (256 sq ft each) and two sections of floating dock (totaling 270 linear feet). See Figure 1.
The previous regulation is no longer in effect and we could rebuild our nine -slip marina with far less economic
and environmental impact if we were to use a single fixed pier. We propose a streamlined rebuild that involves
a single fixed pier (240') and a single gazebo (20' x 20'). Slips 14-18 would be relocated and adjoined to slips
10-13, forming one continuous floating dock. Our footprint would be reduced by 230 linear feet of fixed dock
and 144 sq feet of gazebo. See Figure 2.
RECEIVED
FEB 2 4 2023
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Water's Edge HOA
located between 127 and 129 Water's Edge Dr., between lots 17 & 18, on Mill Creek in
Hampstead/Pender County NC.
The applicant has described to me, as shown below, the development proposed at the
above location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See Attached
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement. RECENED
I do not wish to waive the 15' setback requirement.
(Property Owner Information)
_ �) "�k-
Signature
_Todd Skeen
Print or Type Name
_1213 Culbreth Dr
Mailing Address
_Wilmington, NC 28405.
City/State/Zip
_910 632 4847/ [e-mail].
Telephone Number / email address
_11 /30/22
Date
(Revised Aug. 2014)
*Valid for one calendar year after signature*
FEB 2 4 ,, 3
(Adjacent Property Owner Info.)
I�NIINCCN, NC
QCM W
Signature*
_Hollis Batson
Print or Type Name
_110 Captain's Cove
Mailing Address
_Hampstead, NC 28443
City/State/Zip
_910 270-0866/
Telephone Number/ email address
Date*
- 4 - ZUZ 3

■ Complete items 1, 2, and 3.
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
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PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt 1

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NOTES
1. THIS MAP WAS NOT PREPARED FOR RECORDATION.
CONVEYANCES, OR SALES PURPOSES
Z PROPOSED DOCK FACILITY DOES NOT EXCEED (�
114 OF THE WATER BODY WIDTH. y
3. ALL ELEVATIONS ARE RELATIVE TO NGVD '29. <\
• 1.02
-z.se
• -3.04
-3.20 0
• -3.52
+ -J.39
• -2.89
-1.89
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• 61 \
+ -7.61
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-2.92.87FLOODEBBELEVA310N •✓ o-2.0PROPOSED �cowKz.1s DECK+ + -3. PROPOSED
• -3. RAMP
-7.9
• V. 16
+ -3.56
+ -2.91 6
-1.88
C T 44
•-3.38!8
• -3.58
3.84
-3.69
• • -2.9191
• -2.29
+ -2.9
• -J.29
• -3.72
+ _a08
+ -4.25
+ -4.25
-3.52
PmLIMIN/NZY
NOT' FOR MCCIWA11O1\1
CONVEYANCES 0R
5ALC5 PURIP05E5,
12
-8
• -1.70
• -2.60
• -2.90
• -3.35
+ -3.82
• -4.28
• -4.88
�71 / I
WATERS EDGE AT DEERFIELD I
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+.= 1.67
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-3.7a
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+ -4.25
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NORTH CAROLINA
Environmental Quality
TO:
THROUGH:
FROM:
DATE:
Cameron Luck
Major Permit Coordinator
Tara MacPherson, District Mana�
Jason Dail, Field Representative,
February 28, 2023
SUBJECT: Minor Modification Request
ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlm,ow
RECEIVED
MAR 0 3 2023
MP SECTION
DCM MHD CITY
CAMA Major Permit No. 33-17
Water's Edge HOA
Project site is located between 127 and 129 Waters Edge Drive, Hampstead, NC
Pender County
Mr. Jeff Teeters, on behalf of Water's Edge HOA, has submitted a request to modify CAMA Major
Permit No. 33-17, which was issued by CRC Variance on March 6, 2017, and is scheduled to expire on
December 31, 2026.
The permittee is requesting approval to demo a portion of"Docking Facility B", which is located along
the interior portion of Mill Creek, in Hampstead, Pender County. Docking Facility B was authorized
under CAMA major permit No. 68-03 (Jimmy's Island LLC) and consist of a nine -slip docking facility.
The docking facility was separated into two individual components with separate accessways and floating
docks, with the northern most access consisting of a 6' x 330' pier, 16' x 16' covered gazebo and a 6' x
150' section of floating dock. The northernmost dock comprises five slips and the southernmost dock
associated with "Docking Facility B" comprises four slips.
According to information provided by the applicant, the northernmost component of Docking Facility B
sustained a considerable amount of damage as a result of Hurricane Florence, and instead of replacing the
dock in it's current location (including pier and floating sections), the permittee is requesting
authorization to relocate the floating dock to the southern side of the existing four slip docking facility
associated with Docking Facility B (see Figure 3 dated received by DCM on 2/24/23). By relocating the
floating dock, it would eliminate approximately 6' x 330' of access pier that would need to be re-
constructed, as well as the existing 16' x 16' covered gazebo.
As proposed, the permittee would alter the layout of the nine -slip docking facility, while remaining within
the authorized footprint, and within the riparian corridor of the HOA. As designed, the 6' x 150' section
of floating dock would be re -located to an area that appears to have approximately -2.5 to -3.5' @ normal
low water. Based on information provided by the permittee, the proposal appears to be consistent with the
''A width Rule requirement and would be located landward of the near shore edge of the maintained
channel.
State of North Carolina I Environmental Quality I Coaslal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
919 7967215

Water's Edge HOA
Minor permit modification — No. 33.17
Page two
February 28, 2023
Based on the information provided, regarding the minor modification request (plans and documents),
there does not appear to be any impacts to any wetlands. Additionally, the proposed changes would result
in a net decrease in shaded impacts (by virtue of eliminating a 6' x 330' access pier), and the
size/footprint of the development plan would remain consistent with DCM's Rules concerning the
Estuarine Shoreline and Public Trust ABCs.
At this time, this office has no objection(s) to this renewal request. The applicant has submitted a check
(No. 002084) in the amount of $100 to cover the processing fee.
By copy of this memo, DCM is requesting that the respective agencies provide any comments on the
proposed project to Cameron Luck of DCM's Morehead City office within 14 days of receipt of this memo
cc: Wilmington Files
MHC File, DCM
Holley Snider, DWR✓
Maria Dunn, WRC
Liz Hair, USACE
RECEIVED
MAR 0 3 2`21)
MP SECTION
DCM MHD CITY

69. Project Narrative for Water's Edge Marina Demolition and Rebuilding
Pertinent Background
We seek to modify Major Permit 33-17, which expires in December of 2026. The community of
Water's Edge in Pender County has 18 lots. As stipulated in our covenants, no lot may have a
pier or dock. As figure I illustrates, we have two community docks, each containing 9 boat slips:
Dock Facility A on the ICWW near day beacon 100 and Dock Facility B on Mill Creek. The 9
slips at Dock Facility A were rebuilt after Hurricane Florence and are in excellent shape. No
work is to be done at Dock Facility A on the ICWW.
The 9 slips at Water's Edge Dock Facility B suffered significant uplift and damage from
Hurricane Florence and other recent storms. We seek to demolish, remove, and rebuild the
marina using a reduced environmental footprint.
When constructed in 2004, there was an ordinance against marinas such as ours having more
than 5 contiguous slips (Figure 2). The docks were built using a "split plan" using two fixed piers
(totaling 570 linear feet) leading to two separate gazebos (256 sq ft each) and two sections of
floating dock (totaling 270 linear feet).
The previous regulation is no longer in effect and we could rebuild Dock Facility B with far less
economic and environmental impact if we were to use a single fixed pier (Figures 3 & 4). We
propose a streamlined rebuild that involves a single fixed pier (240) and a single gazebo (20' x
20'). Slips 14-18 would be relocated and adjoined to slips 10-13, forming one continuous floating
dock. The floating dock would have slips for 9 boats on the front edge facing the channel. No
boats or watercraft would be docked on the backside facing land. Our footprint would be reduced
by 230 linear feet of fixed dock and 144 sq feet of gazebo.
6b. Work Plat
No work has been completed.
6c. Site Map
See Figure 1
RECEIVED
EB 2 4 2023
6d. Copy of Deed
On file
DGiJI WILMINGTON,NO
RECEIVED
MAR 0 3 2023
MP SECTION
DCM MHD CITY

DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
The 9 slips at Water's Edge Dock Facility B are accessed by common easement between lots 17 and 18 on the
community plat. They have suffered significant uplift and damage from Hurricane Florence and other recent
storms. We seek to demolish, remove, and rebuild the marina using a reduced environmental footprint.
When constructed in 2004, there was an ordinance against marinas such as ours having more than 5 contiguous
slips. The docks were built using a "split plan" using two fixed piers (totaling 570linear feet) leading to two
separate gazebos (256 sq ft each) and two sections of floating dock (totaling 270 linear feet). See Figure 1.
The previous regulation is no longer in effect and we could rebuild our nine -slip marina with far less economic
and environmental impact if we were to use a single fixed pier. We propose a streamlined rebuild that involves
a single fixed pier (240') and a single gazebo (20' x 20'). Slips 14-18 would be relocated and adjoined to slips
10-13, forming one continuous floating dock. Our footprint would be reduced by 230 linear feet of fixed dock
and 144 sq feet of gazebo. See Figure 2.
RECEIVED
RECEIVED MAR 0 3 2023
FEB 2 4 2023 MP SECTION
DCM MHO CITY
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Water's Edge HOA
located between 127 and 129 Water's Edge Dr., between lots 17 & 18, on Mill Creek in
Hampstead/Pender County NC.
The applicant has described to me, as shown below, the development proposed at the
above location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See Attached
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below.)
I do wish to waive the 15' setback requirement. 1 slacsIVED
I do not wish to waive the 15' setback requirement.
F0121
(Property Owner Information)
Signature
_Todd Skeen
Print or Type Name
_1213 Culbreth Dr
Mailing Address
_Wilmington, NC 28405,
City/State/Zip
(Adjacent Property Owner Info.) C
DCM WILIVIINC'r®PJ, N
Signature*
_Hollis Batson
Print or Type Name
_110 Captain's Cove
Mailing Address
_Hampstead, NC 28443
City/State/Zip
_910 632 48471 [e-mail]_ _910 270-0866/
Telephone Number / email address Telephone Number / email address
_11 /30/22
Date
(Revised Aug. 2014)
*Valid for one calendar year after signature*
1- 9 _ RECEIVED
Date*
MAR 03 "N3
MP SECTION
DCM MHD CITY

■ Complete Items 1, 2, and 3.
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or on the front If space oarmlts.
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Luck, Cameron A
From: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Saturday, March 18, 2023 3:04 PM
To: Luck, Cameron A
Subject: RE: [External] RE: [URL Verdict: Neutral][Non-DoD Source] FW: CAMA Minor
Modification Request: Waters Edge HOA #33-17
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hey Cameron,
Sorry for the delay. No objection to the proposed modification.
Happy weekend!
Liz
From: Luck, Cameron A <[e-mail]>
Sent: Monday, March 13, 2023 10:38 AM
To: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: [URL Verdict: Neutral][Non-DoD Source] FW: CAMA Minor Modification Request: Waters Edge
HOA #33-17
Happy Monday!
Just circling back as requested.
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron. Luck(a)ncdenr.gov
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E [e-mail]>
Sent: Thursday, March 9, 2023 4:27 PM
To: Luck, Cameron A <[e-mail]>
Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] FW: CAMA Minor Modification Request: Waters Edge
HOA #33-17
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hey Cameron,
I'm on travel through tomorrow. Circle back with me on Monday. I don't think we would have any objection to the
changes, but I would need to re -issue my permit for the modification request since the Corps authorization expired
December 31, 2021.
The Corps Action ID is: SAW-2003-00506.
Liz
From: Luck, Cameron A <Cameron.Luck(@ncdenr.eov>
Sent: Thursday, March 9, 2023 4:15 PM
To: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Subject: [URL Verdict: Neutral)[Non-DoD Source] FW: CAMA Minor Modification Request: Waters Edge HOA #33-17
Hey Liz,
I've got approvals from both DWR and WRC on this one. Let me know if the USACE is good with the changes proposed
and if you would like any specific conditions to be included.
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron. LuckCcancden r. gov
400 Commerce Avenue
Morehead City. NC 28557
httr)://Portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Pietila, Tanya K <[e-mail]>
Sent: Friday, March 3, 2023 12:44 PM
To: Snider, Holley <[e-mail]>; Mellinger, Michael J <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; WilmingtonNCREG
<[e-mail]]>

Luck, Cameron A
From: Dunn, Maria T.
Sent: Monday, March 6, 2023 8:58 AM
To: Snider, Holley; Meilinger, Michael J; Hair, Sarah E CIV CESAW CESAD (US);
WilmingtonNCREG
Cc: Luck, Cameron A; Dail, Jason; Harding, Kimberlee k
Subject: RE: CAMA Minor Modification Request: Waters Edge HOA #33-17
Cam,
NCWRC has reviewed the modification request to remove a portion of "Docking Facility B" damaged during Hurricane
Florence and relocate it to the southern side of the existing four slip facility. This will eliminate 6' by 330' of access pier
and a 16' x 16' gazebo. The 6' by 150' floating dock section would be located in approximately -2.5' to -3.5' NLW,
landward the near shore edge of channel and within the % waterbody width. Removal of the structure will reduce
impacts to shallow water environments.
The NCWRC does not object to this allowance as long as all conditions in permit #33-17 to minimize impacts to
environmental resources are maintained.
Thank you for the opportunity to review and comment on this permit modification. Please do not hesitate to call or
email if there is anything additional.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
252-495-5554
www.ncwildlife.org
Email correspondence to and from this sender is subject to the. N.C. Public Records Law and may be disclosed to third parties.
From: Pietila, Tanya K <[e-mail]>
Sent: Friday, March 3, 2023 12:44 PM
To: Snider, Holley <[e-mail]>; Meilinger, Michael J <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; WilmingtonNCREG
<wilmingtonncreg@ usace.army.m il>
Cc: Luck, Cameron A <[e-mail]>; Dail, Jason <[e-mail]>; Cannon, Amanda J
<[e-mail]>
Subject: CAMA Minor Modification Request: Waters Edge HOA #33-17
Good Afternoon,
Please accept this request for a CAMA Minor Modification to Major Permit No. 33-17 from the above subject property
owner in Hampstead, Pender County.

Luck, Cameron A
From: Snider, Holley
Sent: Friday, March 3, 2023 1:46 PM
To: Pietila, Tanya K; Meilinger, Michael J; Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD
(US); WilmingtonNCREG
Cc: Luck, Cameron A; Dail, Jason; Cannon, Amanda J
Subject: RE: CAMA Minor Modification Request: Waters Edge HOA #33-17
Attachments: GC4501 final.pdf
Good afternoon All,
The DWR has no objection to the proposed modification, the project remains consistent with the conditions of the
attached General Water Quality Certification 4501. Should the scope of work change, additional review by the DWR will
be required. Please feel free to call or email me if you have any questions.
Sincerely,
Holley Snider . % ,><((((s>. ...,,..><((((°>,.,-
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
,D_E
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Pietila, Tanya K <[e-mail]>
Sent: Friday, March 3, 2023 12:44 PM
To: Snider, Holley <[e-mail]>; Mellinger, Michael J <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; WilmingtonNCREG
<wilmingtonncreg@ usace.a rmy.mil>
Cc: Luck, Cameron A <[e-mail]>; Dail, Jason <[e-mail]>; Cannon, Amanda 1
<[e-mail]>
Subject: CAMA Minor Modification Request: Waters Edge HOA #33-17
Good Afternoon,
Please accept this request for a CAMA Minor Modification to Major Permit No. 33-17 from the above subject property
owner in Hampstead, Pender County.
Please reply to Cameron Luck before March 17, 2023 at cameron.luck@ncdenrgov or [phone] with your
questions, comments or concerns.
Thank you,

Luck, Cameron A
From: Dunn, Maria T.
Sent: Monday, March 6, 2023 8:58 AM
To: Snider, Holley; Meilinger, Michael J; Hair, Sarah E CIV CESAW CESAD (US);
WilmingtonNCREG
Cc: Luck, Cameron A; Dail, Jason; Harding, Kimberlee k
Subject: RE: CAMA Minor Modification Request: Waters Edge HOA #33-17
Cam,
NCWRC has reviewed the modification request to remove a portion of "Docking Facility B" damaged during Hurricane
Florence and relocate it to the southern side of the existing four slip facility. This will eliminate 6' by 330' of access pier
and a 16' x 16' gazebo. The 6' by 150' floating dock section would be located in approximately -2.5' to -3.5' NLW,
landward the near shore edge of channel and within the % waterbody width. Removal of the structure will reduce
impacts to shallow water environments.
The NCWRC does not object to this allowance as long as all conditions in permit #33-17 to minimize impacts to
environmental resources are maintained.
Thank you for the opportunity to review and comment on this permit modification. Please do not hesitate to call or
email if there is anything additional.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
252-495-5554
www.ncwiIdlife.org
Email correspondence to and from this yonder is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Pietila, Tanya K <[e-mail]>
Sent: Friday, March 3, 2023 12:44 PM
To: Snider, Holley <[e-mail]>; Mellinger, Michael J <Michael.Mel [e-mail]>; Dunn, Maria T.
<[e-mail]>; Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; WilmingtonNCREG
<wilmingtonncreg@ usace.army.mil>
Cc: Luck, Cameron A <[e-mail]>; Dail, Jason <[e-mail]>; Cannon, Amanda 1
<Ama nda.Cannon@ ncdenr.gov>
Subject: CAMA Minor Modification Request: Waters Edge HOA #33-17
Good Afternoon,
Please accept this request for a CAMA Minor Modification to Major Permit No. 33-17 from the above subject property
owner in Hampstead, Pender County.

Luck, Cameron A
From: Snider, Holley
Sent: Friday, March 3, 2023 1:46 PM
To: Pietila, Tanya K; Meilinger, Michael J; Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD
(US); WilmingtonNCREG
Cc: Luck, Cameron A; Dail, Jason; Cannon, Amanda 1
Subject: RE: CAMA Minor Modification Request: Waters Edge HOA #33-17
Attachments: GC4501 final.pdf
Good afternoon All,
The DWR has no objection to the proposed modification, the project remains consistent with the conditions of the
attached General Water Quality Certification 4501. Should the scope of work change, additional review by the DWR will
be required. Please feel free to call or email me if you have any questions.
Sincerely,
Holley Snider . " ,><((((°>. ••..••><((((°>••"-
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
`E` Q P
YOW+ll�neq N Mtlrommn4l dal
127 Cardinal Drive Ext.
Wilmington, INC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Pietila, Tanya K <[e-mail]>
Sent: Friday, March 3, 2023 12:44 PM
To: Snider, Holley <[e-mail]>; Mellinger, Michael J <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Hair, Sarah E CIV CESAW CESAD (US) <[e-mail]>; WilmingtonNCREG
<wilmingtonncreg@usace.a rmy.m il>
Cc: Luck, Cameron A <[e-mail]>; Dail, Jason <[e-mail]>; Cannon, Amanda J
<[e-mail]>
Subject: CAMA Minor Modification Request: Waters Edge HOA #33-17
Good Afternoon,
Please accept this request for a CAMA Minor Modification to Major Permit No. 33-17 from the above subject property
owner in Hampstead, Pender County.
Please reply to Cameron Luck before March 17, 2023 at [e-mail] or [phone] with your
questions, comments or concerns.
Thank you,

DocuSign Envelope ID'. 7AB8F9AE-0944-472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4501
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT
ACT)
Water Quality General Certification Number 4501 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 Programmatic General Permit 198000291.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and 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: January 3, 2022
Signed this day: October 28, 2021
By
—DocuSignea by:
9� PouP�t
�— SFB19B64002478._
f 01,
S. Daniel Smith
Director

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
GENERAL CERTIFICATION COVERAGE:
Activities that are eligible for US Army Corps of Engineers Wilmington District's Programmatic
General Permit 198000291 qualify for coverage under this General Certification unless they
meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or
circumstances listed below are not eligible for coverage under this General Certification and
require an Individual401 Water Quality Certification from the Division of Water Resources
(DWR):
a) If any of the conditions of this General Certification cannot be met; or
b) Activities authorized by CAMA Major Development Permits, 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 of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
ii. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie
into existing bulkheads, land, or other shoreline protection measures or (2) do not
extend waterward 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 (SAV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts less than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
ill. Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend waterward of the normal high water or normal water line more than 30
feet or five feet waterward of the existing wetlands whichever distance is greater,
(2) the activity will not involve the excavation or fill of any Submerged Aquatic
Vegetation (SAV) or significant 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 to the Division upon
issuance; or
iv. Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in
15A NCAC 02B. 0225(7) & (8)) and where the water depth is equal to or greater
than two feet of water at normal low water level or normal water level (whichever
is applicable);
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 no SAV or shellfish beds are
excavated or filled;
vi. Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item (iv) above;
Page 2 of 15

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC45O1
vii. Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
viii. Upland development which involves no more than 1/10 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
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix. Single family home construction that results in fill of wetlands; or
c) Any stream relocation or stream restoration; or
d) Any high -density project, as defined in 15A NCAC 02H .1003(3) and by the density
thresholds specified in 15A NCAC 02H .1017, 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. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
programz.
Projects that have vested rights, exemptions, or other legacy rights or exemptions from
state or locally -implemented stormwater programs and projects that satisfy state or
locally -implemented stormwater programs through use of community in -lieu fee
programs require an Individual 401 Certification; or
e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or
f) Any permanent impacts to Unique Wetlands (UWL) [15A NCAC 02B .0231); or
g) 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 in Chapter 2B of Title
15A in the North Carolina Administrative Code in effect at the time of application)
unless:
i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" 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, Certificate with Exception, or Minor Variance
is issued by a delegated or designated local government implementing a state
riparian buffer program pursuant to 143-214.23.
`e.g. Coastal Counties, HQW, CRW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 3 of 15

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC45O1
In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water
Resources may require submission of a formal application for Individual Certification for any
project 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 will degrade the waters so that existing uses of
the waters or downstream waters are precluded.
This General Certification does not relieve the permittee 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.
This General Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in any waters. This General Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other
person and does not create any prescriptive right or any right of priority regarding any usage of
water. This General 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 General 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.
Upon the presentation of proper credentials, DWR may inspect the property.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide 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 General Certification. This General Certification is rescinded when
the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when
deemed appropriate by the Director of the Division of Water Resources.
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.
1. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-
7215) Regional Office, as applicable, are notified and provide approval prior to the release.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for
all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity, wildlife, primary contact recreation,
Page 4 of 15

DocuSign Envelope ID: 7AB8F9AE-0944472F-9939-465216A3F5A9
GC4501
agriculture, and shellfishing for market purposes); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 01H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Non -Jurisdictional
Wetland Rules (15A NCAC 02H .1400), and/or State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code. These mechanisms shall
be put in place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be staggered or overlapped or left open as long as the five-foot separation between sections
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is maintained. Overlapping sections shall not overlap more than 10 feet
Citation: 15A NCAC 02H .0506(b)(1) and (3), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses (including aquatic life propagation, survival, and maintenance of biological
integrity) provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
For living shorelines, the permittee shall employ 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 Act and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b)(1) and (3); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses (including aquatic life propagation, survival, and maintenance of biological
integrity) provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
II. GENERAL CONDITIONS:
1. The permittee shall report to the appropriate DWR Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that
precludes any best use on a short-term or long-term basis.
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); or beyond the thresholds
established for use of this General Certification and Programmatic General Permit.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity; wildlife; secondary contact recreation;
agriculture); and that activities must not cause water pollution that precludes any best use
on a short-term or long-term basis.
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3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
4. 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.
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 North Caroline Department of Transportation 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 (HOW), 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.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A
NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
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designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
S. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures
shall not be conducted in a manner that results in dis-equilibrium of any wetlands,
streambeds, or streambanks. Any silt fence installed within wetlands shall be removed
from wetlands and the natural grade restored within two (2) months of the date that
DEMLR or locally delegated program has released the specific area within the project to
ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC
028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters
or wetlands, and any surface waters or wetlands downstream, continue to support existing
uses during and after project completion. The Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
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7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required.
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 Stormwater Permit Number NCS000250.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 0214.0507(c); 15A NCAC 028 .0200; 15A NCAC
028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
8. 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 NCSediment and Erosion Control Manual, or the NC
Department of Transportation Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
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levels due to natural background conditions, the existing turbidity level shall not be
increased.
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.
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.
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); I5A NCAC 048.0125
Justification: In order to protect against impairment of water quality standards and best
usage of receiving and downstream waters, water quality based management practices
must be employed to protect against direct or indirect discharge of waste or other sources of
water pollution. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity, wildlife, secondary contact
recreation, agriculture), and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
10. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow
for continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
11. 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. If the width of the culvert is wider than the stream channel, the culvert shall
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include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of
the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that
they receive only flows above bankfull.
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. If the culvert outlet is submerged within a pool
or scour hole and designed to provide for aquatic passage, then culvert burial into the
streambed is not required.
For structures less than 72" in diameter/width and in area where topographic constraints
dictate culvert slopes will be greater than 2.5%, 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,
sills, baffles etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 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 30 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.
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
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12. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
13. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses.
14. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses.
15. 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. All temporarily impacted sites shall be restored and stabilized with
native vegetation.
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Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Protections are necessary to
ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue to support existing uses after project completion.
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 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 General Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
17. 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 streambed
elevation and streambank contours are restored and maintained and shall consist of clean
rock or masonry material free of debris or toxic pollutants. 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 be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
18. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
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the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
19. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Groins in Estuarine and Public Trust Waters
and Ocean Hazard Areas) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq.
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
20. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the
waters for any designated uses.
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance and compaction.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and
physical characteristics are protected; populations of wetland flora and fauna are
maintained to protect biological integrity of the wetland; and materials or substances are
not present in amounts that may cause adverse impact on existing wetland uses.
22. In accordance with G.S 143-215.85(b), the permittee 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
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Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or
are proposed to be taken to contain and remove the discharge. This action is required in
order to contain or divert the substances to prevent entry into the surface waters. Surface
water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
23. The 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
24. 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 General Certification. A copy of this General
Certification shall be available at the project site during the construction and maintenance
of this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of
this 401 Water Quality General Certification to minimize water quality impacts.
History Note: Water Quality Certification (WQC) Number 4501 issued October 28, 2021 replaces
WQC 4175 issued February 1, 2019; WQC 4175 issued December 14, 2018; WQC 4144 issued
December 1, 2017; WQC 4097 issued March 6, 2017; WQC 3900 issued March 19, 2012; WQC
3641 and 3642 issued March 19, 2007; WQC 3371 and 3400 issued March 18, 2002; WQC 3274
issued June 1, 2000; WQC 3112 issued February 11, 1997; and WQC 3025 issued September 6,
1995.
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