20221409 Ver 1_Approval Letter_20221214

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

December 14, 2022

DWR # 2022-1409 v1
Wake County

Wallbrook Landco LLC
Attn: Barry James
3 Keel Street
Wrightsville Beach, NC 2880

Subject: Approval of Individual 401 Water Quality Certification
Wallbrook Residential

Dear Mr. James:

Attached hereto is a copy of Certification No. WQC005450 issued to Barry James and Wallbrook Landco
LLC, dated 12/14/22. 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 this Water Quality 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. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].

This Water Quality 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 Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality 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
Water Quality 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 Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.

Upon the presentation of proper credentials, the Division may inspect the property.

This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 2 of 13

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.

The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] 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.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.

This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

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

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Kelsey Rowland at 919-707-3631 or [e-mail] if you have any
questions or concerns.

Sincerely,

DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 3 of 13

Erin Davis, Acting Supervisor
401 & Buffer Branch
Division of Water Resources, NCDEQ

Electronic cc: Bob Zarzecki, Soil & Environmental Consultants, PA
April Norton, Army Corps of Engineers
DWR 401 & Buffer Permitting Branch Electronic file

Filename: 20221409_401_WallbrookResidential (Wake)_Individual Approval.docx

DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 4 of 13

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005450 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Barry James and Wallbrook Landco LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on October 15, 2022, and by Public Notice issued on October 11, 2022.

The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.

The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]

Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary
Stream
Site 1 (Road Crossing) 86 (linear feet) 0 (linear feet)
Site 2 (Dissipator Pad) 33 (linear feet) 0 (linear feet)
Site 3 (Construction) 0 (linear feet) 3 (linear feet)
Site 4 (Construction) 0 (linear feet) 3 (linear feet)

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:

1. 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.
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 5 of 13

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. 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), and/or State Regulated
Riparian Buffer Rules (15A NCAC 02B .0200). 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.
4. The permittee shall report to the DWR Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], 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.
5. 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 Nationwide 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.
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 6 of 13

6. 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.
7. 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.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC02B .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 of fish, 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
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 7 of 13

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. 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 NCAC02B .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 of fish, 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.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands.
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
(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.
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 8 of 13

10. 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 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 of fish, 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.
11. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC
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 02B .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 of fish, 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
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 9 of 13

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.
12. 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
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 topographic constraints indicate culvert
slopes of 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.
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 10 of 13

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.
13. 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.
14. 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 02H .0506(b); 15A NCAC 02H .0507(c); 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 of fish, aesthetic quality, or impair the
waters for any designated uses.
15. 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 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .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
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 11 of 13

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.
16. 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.
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.
17. 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.
18. 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
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 12 of 13

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.
19. 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
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 02B .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. In accordance with 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)
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
DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Wallbrook Residential
DWR# 2022-1409
Individual Certification #WQC005450
Page 13 of 13

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.
22. 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.
23. 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.

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 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]

This, the 14th day of December 2022

Erin Davis, Acting
Supervisor
401 & Buffer Permitting Branch

KSR

DocuSign Envelope ID: D462DAEA-C18F-47A8-9C93-F9AF83273200