19850177 Ver 3_Approval Letter_20180723

NOT A
CAMA
• •
MIT
C
NORTH CAROLINA
ROY COOPER Environmental Quality
Govmtar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lntertm Director
July 23, 2018
DWR # 85-0177 V3
CHOWAN County
William Black, Jr.
132 Country Club Drive
Edenton, NC 27932
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
William Black — Dredging of Existing Basin and New Access Channel
Dear Mr. Black:
You have our approval for the impacts listed below for the purpose described in your application dated June 12,
2018 and received by the Division of Water Resources (Division) on June 14, 2018. These impacts are covered by
the attached Water Quality General Certification Number 4144 and the conditions listed below. This certification is
associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of
Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount Reduced
Plan location/
(units)
(units)
Reference Attached
Permanent
Temporary
Open Water
OW -1 (Dredge to Deepen Existing Boat
0.28 (acres)
0 (acres)
Basin)
Sheet No. 1
OW -2 (Dredge New Access Channel)
1.12 (acres)
0 (acres)
2. Water Quality Certification
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889

WILLIAM BLACK, JR.
DWR# 85-0177 V3
401 APPROVAL
Page 2 of 3
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4144. [15A NCAC 02B .0507(c)]
3. No impacts to SAVs are authorized by this certification. [15A NCAC 07H .0208(b)]
Continuing Compliance
4. Turbidity Standard
The Permittee shall adhere to Title 15A NCAC 026.0221 Tidal Salt Water Quality for SA Waters and
the water quality standards applicable to Class SC and SB waters as described in Rule .220 and Rule
.0222, including but not limited to:
(g) pH: shall be normal waters for the waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; [15A NCAC 02B .0220(g)]
(1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds
this level due to natural background conditions, the existing turbidity level shall not be
increased. Compliance with this turbidity standard can be met when land management
activities employ Best Management Practices (BMPs) [as defined by Rule .0202 of this
Section]. BMPs must be in full compliance with all specifications governing the proper design,
installation, operation and maintenance of such BMPs; [15A NCAC 02B .0220(1)]
Other Conditions
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition
form may be obtained from the OAH at.http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along
with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed
transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
QE
Q,
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

WILLIAM BLACK, JR.
DWR# 85-0177 V3
401 APPROVAL
Page 3 of 3
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony
Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or concerns.
Sincerely,
Robert Tankard, Assista t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Yvonne Carver, DCM Elizabeth City (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4144
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF
ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA
MANAGEMENT ACT),
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH
AQUACULTURE ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT
NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277
AND NATIONWIDE PERMIT NUMBERS 3,12, 13, 14, 18, 27, 29, 33, 35, 39,
AND 54
Water Quality Certification Number 4144 is issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the
discharge of fill material to surface waters and wetland areas as described in Regional
General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and
198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48,
and 54) of the US Army Corps of Engineers Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500
and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
NA,
for Linda Culpepper
Interim Director

NOTES:
1. OWNER: WILLIAM BLACK JR.
136 COUNTRY CLUB DR
EDENTON, NC 27932
2. THIS IS NOT A BOUNDARY SURVEY. BOUNDARY INFORMATION BASED ON
CHOWAN COUNTY GIS TAX DATA. AERIAL OVERLAY IS GEOREFERENCED 2016
IMAGERY. WATER DEPTHS AND EXISTING BULKHEAD WERE FIELD SURVEYED ON
1/19/2018 BY OUIBLE do ASSOCIATES, P.C., USING GPS, RTKNETWORK. WATER
DEPTHS ARE RELATIVE TO NWL (0.5 NAVD 88). THIS INFORMATION SHALL NOT
BE CONSIDERED A CERTIFIED SURVEY. THIS SHALL BE CONSIDERED
PRELIMINARY AND FOR PERMITTING ONLY.
3. PERMITTED WORK:
A. CAMA GP #167345: EXCAVATION OF BASIN AND 200 LF X 3OFT CHANNEL TO
—5.0 FT (1,000 CU. YRDS.)
B. CAMA MAJOR /113-17: +/— 310 LF RIP RAP AROUND EXISTING BASIN WALL
AND CAP OVER EXISTING ROCK JETTIES
4. PROPOSED WORK:
A. EXCAVATION OF BASIN AND ACCESS CHANNEL TO A DEPTH OF —8.0 FT
AREA: 61,248 SF
VOLUME: 4,689.4. YRDS
— CHANNEL: 979 LF
48,757 SF
— EXISTING BASIN: 12,480 SF p p
B. EXCAVATION SPOIL AREA: 42,596 SF (SEE SHEET 2)
ivurth Cardine Environmental
Management Commission
— — -- — — -r Division of Water PessmrcOs
CROSS _SECTION A: PROECTED CHANNEL CUT
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GC4144
Activities meeting any one (1) of the following thresholds or circumstances
require written approval for a 401 Water Quality Certification from the Division
of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for activities authorized by CAMA
General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000,
2100, 2200, 2300, 2400, 2500, 2600, and 2700, provided the following criteria
are met for the activities listed below:
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;
iii) 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, (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 (v) above;
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 than no
Page 2 of 12

GC4144
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 404 jurisdictional
wetlands as long as written concurrence is not required from DWR for the
applicable US Army Corps of Engineers Nationwide Permit; or
c) Commercial- shellfish aquaculture activities that qualify for Nationwide Permit 48,
provided the Division of Marine Fisheries (DMF) Lease Program submits the
proposed, site map and investigation report to DWR for comment prior to the DMF
Director's recommendation on the application for public notice or denial; or
d) Any stream relocation or stream restoration; or
e) Any high-density project, as defined in 15A NCAC 02H .1003(2)(a) 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) Proposes permanent wetland, stream or open water impacts; and
iii) Proposes 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 program2.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs
require written approval; or
f) Any impacts except shading to SAV or significant shellfish resources as identified by
the (DMF); or
g) Any impacts Unique Wetlands (UWL); or
h) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland
Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC
02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
i) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin
or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
e.g. Coastal Counties, HQW, ORW, 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 12

GC4144
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a
delegated or designated local government implementing a state riparian
buffer program pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the
thresholds listed above do not require written approval.
I. 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. [15A NCAC 02B .0221]
2. If this Water Quality Certification is used to access residential, commercial or
industrial building sites, then all parcels owned by the applicant that are part of the
single and complete project authorized by this Certification must be buildable without
additional impacts to streams or wetlands. If required in writing by DWR, the
applicant shall provide evidence that the parcels are buildable without requiring
additional impacts to wetlands, waters, or state regulated riparian buffers. [15A
NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural
high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H
.0500), NC Isolated Wetland Rules (15A 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. [15A NCAC 02H .0506(b)(4) and (c)(4)]
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 is maintained. Overlapping sections shall not overlap more than
10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)]
6. 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. [15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 4 of 12

GC4144
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine
Fisheries Commission) shall be coordinated with the appropriate NC Wildlife
Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC
Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B.0221]
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other
high- density projects that trigger threshold Item (f) above shall comply with one of
the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and
approval, including all appropriate stormwater control measure (SCM)
supplemental forms and associated items, that complies with the high-density
development requirements of 15A NCAC 02H .1003. Stormwater management
shall be provided throughout the entire project area in accordance with 15A
NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density
thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will
not cause degradation of downstream surface waters. Documentation shall
include a detailed analysis of the hydrological impacts from stormwater runoff
when considering the volume and velocity of stormwater runoff from the project
built upon area and the size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and, specifications for the project
are incorporated into the authorization by reference and are an enforceable part of
the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC
02H.0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond
the footprint of the impacts (including temporary impacts) as authorized in the written
approval from DWR; or beyond the thresholds established for use of this
Certification without written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated
riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or
Variance or as listed as an exempt activity in the applicable riparian buffer rules.
[15A NCAC 0213.0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10,
compensatory mitigation may be required for losses of greater than 300 linear feet of
perennial streams and/or greater than one (1) acre of wetlands. Impacts associated
with the removal of a dam shall not require mitigation when the removal complies
with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina
Page 5 of 12

LWA,
FA Ll is]!I
General Statutes. Impacts to isolated and other non -404 jurisdictional wetlands shall
not be combined with 404 jurisdictional wetlands for the purpose of determining
when impact thresholds trigger a mitigation requirement. For linear publicly owned
and maintained transportation projects that are not determined to be part of a larger
common plan of development by the US Army Corps of Engineers, compensatory
mitigation may be required for losses of greater than 300 linear feet per perennial
stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation
within a project site, a complete mitigation proposal developed in accordance with
the most recent guidance issued by the US Army Corps of Engineers Wilmington
District shall be submitted for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian
Buffer Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 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. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]
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 NCDOT 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 sedimentation and erosion control designs shall comply
with the requirements set forth in 15A NCAC 04B .0124, Design Standards in
Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters
except within the footprint of temporary or permanent impacts authorized under this
Page 6 of 12

GC4144
Certification. Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not
be used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 0213 .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for
construction projects that disturb one (1) or more acres of land. The NCG010000
Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated in the conditions of the permit. If the project is covered by this
permit, full compliance with permit conditions including the erosion & sedimentation
control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be
in full compliance with the conditions related to construction activities within the most
recent version of their individual NPDES (NCS000250) stormwater permit. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
9. 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 IVC Sediment and Erosion Control Manual, or
the IVC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require application to and
written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)]
10. if activities must occur during periods of high biological activity (e.g. sea turtle
nesting, fish spawning, or bird nesting), then biological monitoring may be required
at the request of other state or federal agencies and coordinated with these
activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125]
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. A copy of the approval from the
resource agency shall be forwarded to DWR.
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.
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
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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. [15A NCAC 02H .0506(b)(2) and
(c)(2)]
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 multiple pipes or barrels are required, they shall be designed to mimic the existing
stream cross section as closely as possible including pipes or barrels at flood plain
elevation and/or sills where appropriate. Widening the stream channel shall be
avoided.
When topographic constraints indicate culvert slopes of greater than 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, etc.). Notification, including
supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 60 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 60
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.
If other site-specific topographic constraints preclude the ability to bury the culverts
as described above and/or it can be demonstrated that burying the culvert would
result in destabilization of the channel, then exceptions to this condition require
application to and written approval from DWR.
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.
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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. —Exceptions to this condition
require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)]
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. [15A NCAC 02B .0200 and 15A NCAC 02B .0231 ]
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. [15A NCAC 02B .0200]
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. For projects that receive written
approval, no temporary impacts are allowed beyond those included in the application
and authorization. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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 Certification. [15A
NCAC 02H .0506(b)(2) and (c)(2)]
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
stream elevation and streambank contours are restored and maintained. Placement
of rip -rap or other approved materials shall not result in de -stabilization of the stream
bed or banks upstream or downstream of the area or in a manner that precludes
aquatic life passage. [15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H
.0506(b)(2)]
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19.Applications for 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.
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. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A
NCAC 02B.0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures
shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant 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.
23. If an environmental document is required under the State Environmental Policy Act
(SEPA), then this General Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
If an environmental document is required under the National Environmental Policy
Act (NEPA), then this General Certification is not valid until a Categorical Exclusion,
the Final Environmental Assessment, or Final Environmental Impact Statement is
published by the lead agency [15A NCAC 01 C .0107(a)]
24.This General Certification does not relieve the applicant 'of the responsibility to
obtain all other required Federal, State, or Local approvals before proceeding with
the project, including those required by, but not limited to Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
25.The applicant and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting
from compliance with §303(d) of the Clean Water Act), and any other appropriate
requirements of State and Federal Law. If DWR determines that such standards or
laws are not being met, including failure to sustain a designated or achieved use, or
that State or Federal law is being violated, or that further conditions are necessary to
assure compliance, then DWR may revoke or modify a written authorization
associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)]
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GC4144
26. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction
or maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)]
27. When written authorization is required for use of this Certification, upon completion
of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion
(available on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-
Completion). [15A NCAC 02H .0502(f)]
28.Additional site-specific conditions, including monitoring and/or modeling
requirements, may be added to the written approval letter for projects proposed
under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a
copy of this Certification (and written authorization if applicable) and is responsible
for complying with all conditions. [15A NCAC 02H .0501 and .05021
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval
for a 401 Water Quality General Certification must include the appropriate fee. An
applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes
for which a Water Quality Certification is required shall only make one payment to
satisfy both agencies; the fee shall be as established by the Secretary in accordance
with 143-215.313(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in any waters. This Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of
any other person and this Certification does not create any prescriptive right or any
right of priority regarding any usage of water. This Certification shall not be
interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue
of this Certification to possess any prescriptive or other right of priority with respect
to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of
the Director, or DWR staff, upon the presentation of proper credentials, to enter the
property during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in
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GC4144
effect on the date of issuance of Certification for a specific project shall remain in
effect for the life of the project, regardless of the expiration date of this Certification.
This General Certification is rescinded when the US Army Corps of Engineers
reauthorizes any of the corresponding Nationwide Permits and/or Regional General
Permits or when deemed appropriate by the Director of the Division of Water
Resources.
5. 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.
6. The Director of the North Carolina Division of Water Resources may require
submission of a formal application for Individual Certification for any project in this
category of activity 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 degrade the
waters so that existing uses of the water or downstream waters are precluded.
History Note: Water Quality Certification (INQC) Number 4144 issued December 1,
2017 replaces WQC 4097 issued March 6, 2017; WQC Number 3900 issued March 19,
2012, WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and
3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number
3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995.
Page 12 of 12

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
NORTH CAROLINA
Environmental Quality
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Registration No. Date
t&EnjcaaD E Q>
DSM al5nYarM11 pMb�
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481