20191700 V3_Fenton (Streambank Stabilization)_IP13_Wake.docx.pdf

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
STATE
ROY COOPER = o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
February 1, 2024
DWR# 20191700 V3
Wake County
USEF HCG Fenton, LLC
Attn: Kurt Hartman
5 Ravinia Drive
Atlanta, GA 30346
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Fenton (Streambank Stabilization)
USACE Action ID. No. SAW-2012-01488
Dear Kurt Hartman:
Attached hereto is a copy of Certification No. WQC006591 issued to USEF HCG Fenton, LLC,
and Kurt Hartman, dated February 1, 2024. 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
D���� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINq
ow.m.m of EnWmnmental oa� /" 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 2 of 14
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.
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].
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 15013-23(a).
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINq
nw.�mm�.n­wq�si� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 3 of 14
This letter completes the Division's review under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Zach Thomas at 919-791-4255 or [e-mail]
if you have any questions or concerns.
Sincerely,
E
DocuSigned by:
U(&Ad fW
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
cc: Jennifer Burdette, NRC, LLC ([e-mail])
Tim Warton, State of NC Property Office ([e-mail])
Rachel Capito, USACE Raleigh Regulatory Field Office
NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20191700 V3_Fenton (Streambank Stabilization)_IP13_Wake.docx
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
nw.�mm�.n—wq�si� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006591 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 USEF HCG Fenton, LLC and Kurt Hartman,who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on December 1, 2023 with subsequent information received January 16, 2024, by
Public Notice issued by the Division on December 6, 2023, and within the Reasonable Period of Time
pursuant to 40 CFR Part 121.6.
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 Amount Mitigation
Approved Approved Amount
Permanent Temporary Required
Riparian Wetland
W1:Temporary Access/Stabilization 0 acres 0.007 acres 0 credits
Totals 0 acres 0.007 acres 0 credits
Perennial Stream
S1: Construction Access 0 linear feet 34 linear feet 0 credits
S2: Bank Stabilization - Riprap 9 linear feet 0 linear feet 0 credits
Totals 9 linear feet 34 linear feet 0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
ACTIVITY SPECIFIC CONDITIONS:
1. The designer or his designee shall supervise the installation of in-stream structures.
Citation:15A NCAC 02H.0506(b)(1)and(2)
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 conditions of waters are suitable for all best uses provided
for in state rule.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 5 of 14
2. The permittee shall provide on-site supervision of stability work including, but not limited to
bank re-sloping, culvert installation, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.
Citation:15A NCAC 02H.0506(b)(1)and(2)
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 conditions of waters are suitable for all best uses provided
for in state rule.
3. Disturbed areas shall be stabilized at the end of each working day to ensure downstream water
quality standards are maintained throughout construction.
Citation:15A NCAC 02H.0506(b)(1)and(2)
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.
4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for
the first year or two bankfull events (whichever is longer), and then annually until the site is
stable (particularly after storm events) and vegetation is successful. Any failures of structures,
stream banks, or vegetation may require future repairs or replacement, which requires
coordination with the Raleigh Regional Office to ensure the stability and water quality of the
stream and downstream waters.
Citation:15A NCAC 02H.0506(b)(1), (2)and/or(3)
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.
GENERAL CONDTIONS:
5. The permittee shall report to the DWR 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.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCUNA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 6 of 14
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.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
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.
7. 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.
8. 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 (HQW), or Outstanding Resource Waters(ORW),then the
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 7 of 14
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413 .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCACO28.0200;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: (12)
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(21) 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:(c)(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. 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 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: (12)
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(21) 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: (c)(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.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 8 of 14
10. 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.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028.0200,15A 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: (12)
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(21) 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: (c)(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.
12. 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 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: (12)
Oils, deleterious substances, or colored or other wastes:only such amounts as shall not render
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 9 of 14
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(21) 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.
13. 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.
14. 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
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 10 of 14
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 structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
15. Bridge deck drains shall not discharge directly into streams or wetlands. 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 streams or wetlands.
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.
16. 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.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: (12)
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
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCUNA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 11 of 14
uses. As cited in Wetland Standards: (c)(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.
17. 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.0200,15A 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: (12)
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.As cited in Wetland Standards: (c)(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.
18. 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.
19. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
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 structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCUNA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 12 of 14
20. 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.
21. 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 028.0201
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.
22. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and
Public Trust Waters)shall meet all the specific conditions for design and construction specified
in 15A NCAC 07H .1405.
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.
23. 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.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 13 of 14
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: (12)
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.As cited in Wetland Standards: (c)(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.
24. 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 02H.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.
25. 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 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.
26. 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)
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCUNA
o.p. m a�m����wai� r 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR#20191700 V3
Individual Certification#WQC006591
Page 14 of 14
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.
27. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
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 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 1st day of February 2024,
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DocuSigned by:
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372DCBCB61EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
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WQC006591
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
nw.�mm�.n­wq�si� r 919.791.4200