20190570 Ver 1_Approval Letter_20200107

NORTH CAPOLINA
blvird"niertral Quality
ROY COOPER
Governor
MICHAEL S. REGAN
secretur-v January 7, 2020
LINDA CULPEPPER
Director DWR # 19-1570 v1
Pitt County
Bill Clark Homes of Greenville, LLC
ATTN: Mr. Landon Weaver
200 East Arlington Boulevard
Greenville, North Carolina 27858
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Neuse River Riparian Buffer Impacts with Additional Conditions
Luke's Landing — Phase I (stormwater outfall)
Dear Mr. Weaver:
You have our approval for the impacts listed below for the purpose described in your application received
by the Division of Water Resources (Division) on November 18, 2019. These impacts are covered by the
attached Water Quality General Certification Numbers 4139 and the conditions listed below. This
certification is associated with the use of Nationwide Permits 18, once it is issued to you by the U.S. Army
Corps of Engineers. 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:
The following impacts are hereby approved, provided that all 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)jj
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Plan location/
Reference Attached
Wetlands
W1 (Fill)
0.01 (acres)
0.00 (acres)
Sheet 1 of 1
Buffers —Zone 1
B1(Pond discharge)
420(square feet)
0 (square feet)
Sheet 1 of 1
Buffers — Zone 2
B1(Pond discharge)
0 (square feet)
401 (square feet)
Sheet 1 of 1
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4139. [15A NCAC 02B .0507(c)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Application. All forestry operations activities shall be
performed so that no violations of state water quality standards, statutes, or rules occur [15A
NCAC 02H .0502 and .0502].
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Authorization. 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 approval letter and Authorization and is responsible for complying with all
conditions. [15A NCAC 02B .0507(d)(2)]
5. During construction of the proposed project, fueling, lubrication and general equipment
maintenance should not take place within 50 feet of a waterbody or wetlands to prevent
contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200
(3)(f)]
6. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, or any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources,
1617 Mail Service Center, Raleigh NC 27699-1617.
7. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
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 [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am 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.
North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
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 Chris Pullinger at 252-948-3918 or [e-mail] if you have any questions or
concerns.
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4139
Certification of Completion
cc: Richie Brown, Stroud Engineering, PA (via e-mail: [e-mail])
Emily Thompson, USACE Washington Regulatory Field Office (via e-mail)
DWR WaRO 401 files
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

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\ �\� ` �c RIPARIAN BUFFER IMPACT 821 SF 0.019 AC STAINLESS STEEL PIPE CLAMP
ZONE 1 = 420 SF
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\ For- Tar- Pam SHAPE 0. 75' FROM END TRASH SCREEN OVER PVC CAP
ti.�Basin Buffer
Date
. 20 OF CAP WITH CABLE TIES MAXIMUM WIRE SPACING I/'
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GENERAL NOTES SCALE: N.T,S.
MR
16 `\ i ! ` . " ' : ( \ Planting seasons;
` I • Trees / Shrubs OCT to DUNE DRAPE 8AFFLE MATERIAL OVER WIRE STRAND
RIPRAP O `� ` \ 1 AND SECURE WITH PLASTIC TIES AT POSTS AND
L =1 0' oaf I ` \ \ \ • Herbaceous Plants (Shallow Land) OCT to J UNE ON WIRE EVERY 12"
W=6' ` �\ \' i� \� Herbaceous Plants (Shallow Water) APRIL to JUNE (recommended)
D =1 I 1� F \ `� \ ` ' \\ ' \ \\ MID-SEPT to MID-OCT 9 GAUGE MIN. HIGH
P 1 1 1 �j \ \ \ Grasses YEAR ROUND TENSION WIRE STRAND
1 2 - _ _ _ \ \ \ •� \ SHALL BE SECURED
1 ti --� \ \ \ TO POST TO SUPPORT
14 iw n r \ \ r . \ \\ \ Planting out of season is not recommended. If construction schedule and planting BAFFLE MATERIAL
b 1 S - ------ - 4 y -- '� \� \� �\ �; `\ ` schedule do not correspond, stabilize banks (Upland Area and Shallow Land) with
1 7 1 6 ` �� \ \\ appropriate temporary cover crap and erasion control matting until appropriate planting u
\ \ BAFFLE MATERIAL
10 ELECTRIC 18 season.
EASEMENT RIPRAP 1 \\ \
W=8' 00, 20 \ \ PUMP`, S T A Plants should be installed as large drifts (i.e., masses of a single species) within their
6 " F OR C E MAGI N D =1 ' 21 ( --° �t # `. ;' ' \a\ \\ �\ respective planting areas. Overlapping or weaving of the planting area edges is
recommended.
`� 23 : ` \ }IF
CONVERTED PTO A PERMIANENT STORMWATER EBASIN
— — _ —.. ! 1.... _, ! OF GREATER DEPTH, THE BAFFLE HEIGHT SHOULD BE
24 - -r � ti • - � All lasts shall be directlydescended from individuals owls wild within 100 miles a£
°\ � >,' 1 ! p growing BASED ON THE POOL DEPTH DURING 115E AS A
` \* - /. E 11 r the project site. If Suitable stock Cosset be Obtained, plants Of other genetic provenances TEMPORARY SEDIMENT BASIN.
maybe utilized with the approval of the local regulatory agencies. yore.
INSTALL THREE (3) GOIR FIBER BAFFLES IN BASINS
t` 1 �1 !r - Irrigation may be necessary for Shallow Land and Water zones if prolonged drought AT DRAINAGE OUTLETS WITH A SPACING OF 1/4 THE
„
draws water levels 6 or more below normal pool during first summer following plant 13ASIN LENGTH. TWO (2) COIR FIBER BAFFLES CAN BE
installation. INSTALLED IN THE BASINS LESS THAN 20 FT, IN LENT
\ \\ ; WITH A SPACING OF 113 THE BASIN LENGTH.
r Trees must be identified in the field for easy maintenance after placement in Shallow
L d Ar
O`- -- ------- - �- r'-�_-_ -
1O'WATERLINE
EASEMENT
TEI?ESINA DRIVE
( 60' RW 27' BC/BC PUBL I C )
EL=23.0
L>' V
10 YEAR EL=22.49
INLET PROTECTION
TYP.EACH BASIN
L!
EXTEND
T-POST
SECURE
4' MAX.
U
11 GAUGE
LANDSCAPING STAPLE
SIDE OR INSTALL
SIDE OF BASIN AND
VAR{ABLE DEPTH
BEFORE YOU DIG!
NC ONE CALL
(TOLL FREE)
0
( OR 1-500-632-4949 )
IT'S THE LAW!
PLANTS FOR SUBMERGED AND PARTIALLY
SUBMERGED VEGETATIVE SHELVES
Botanical Name
Asclepias incarnara
Carex tenera
Chelone glabra
Eupatoriadelphus dubius
Eupatoriadelphus fistulosus
Eupatoriadelphus maculates
Hibiscus coccineus
Hibiscus laevis
K'osteletzkya virginica
Lobelia cardinalis
Lobella elongata
Lobella siphilitica
Rhynchospora colorata
Saccharum baldwinii
(~.:omman Name
Swamp Milkweed
Quill sedge
White Turtlehead
Dwarf Joe Pye Weed
Joe Pye Weed
Spotted trumpetweed
Scarlet rose mallow
Halberdleaf rosemallow
Seashore Mallow
Cardinal flower
Longleaf lobelia
Great blue Lobelia
Starrush whitetop
Norrow plumegrass
THE FOLLOWING CRITERIA APPLY TO VEGETATION IN AND AROUND THE WET POND:
I(o} THE DAM STRUCTURE, INCLUDING FRONT AND BACK EMBANKMENT SLOPES OF
THE POND SHALL BE VEGETATED WITH NON -CLUMPING TURF GRASS: TREES
AND WOODY SHRUBS SHALL NOT BE ALLOWED;
(b) THE VEGETATED SHELF SHALL BE PLANTED WITH A MINIMUM OF THREE DIVERSE
SPECIES OF HERBACEOUS, NATIVE VEGETATION AT A MINIMUM DENSITY OF
50 PLANTS PER 200 SQUARE FEET OF SHELF AREA.
GENERAL NOTES:
-TOPSOIL FROM THE SITE WILL BE SPREAD ACROSS THE SHALLOW WATER
AND SHALLOW LAND ZONES PRIOR TO PLACEMENT OF PLANTS.
-SHRUBS SHOULD BE PLANTED IN CLUMPS TO FORM "LANDSCAPE ISLANDS"
RATHER THAN EVENLY SPACED. THE ISLANDS SHOULD BE A MINIMUM OF
6' APART.
-NO SHRUBS SHOULD BE PLANTED WITHIN 10 FEET OF THE INLET OR OUTLET
PIPES.
SOIL SPECIFICATIONS
SOILS USED WITHIN A STORMWATER BMP
MUST ADHERE TO THE FOLLOWING REQUIREMENTS:
SECURE BOTTOM OF BAFFLE TO GROUND
1.THE SOIL MIX MUST BE UNIFORM AND
FREE OF STONES, STUMPS, ROOTS,
OR OTHER
WITH 12" STAPLES A 12" MAXIMUM SPACING.
SIMILAR MATERIAL GREATER THAN 2
INCHES.
2-SOIL TEXTURE OF THE MIX USED FOR
STORMWATER WETLANDS SHOULD BE LOAMY
SAND,
BAFFLE MATERIAL
WITH NO MORE THAN 10% CLAY (USDA
SOIL TEXTURAL CLASSIFICATION).
3.A MINIMUM ORGANIC CONTENT OF 10%
BY DRY WEIGHT FOR AREAS PLANTED
WITH WOODY
SPECIES AND 5% FOR TURF AREAS.
4,THE PH SHOULD BE BETWEEN 5.5 AND
7.0. IF THE PH FALLS OUTSIDE OF
THIS RANGE.
IT MAY BE MODIFIED WITH LIME TO
INCREASE THE PH OR IRON SULFATE
AND SULFUR TO
LOWER THE PH. THE LIME OR IRON
SULFATE MUST BE MIXED UNIFORMLY
INTO THE SOIL
PRIOR TO USE.
-L�{-�1_
5.TOPSOIL STOCKPILE LOCATION (IF USING ON --SITE SOILS) OR SOURCE OF
SITE. SOIL ANALYSIS FOR ALL TOPSOIL TO BE USED
TOPSIOL IF
WITHIN A BMP
--1--�� -
IMPORTED TO THE
i51-1-1
FACILITY.
SI�tL wUS
-D" DEPT
! i 1
BAFFLE MATERIAL SHOULD BE SECURED
TO THE 30TTOM AND SIDES OF MIN
USING 12" LANDSCAPE STAPLES.
ea, POROUS BAFFLE DETAIL;
DO NOT PLANT CATTAILS. Cattails, although a wetland plant, provide a haven for
_ _ - - ` �- �- •� \ �`� \ mosquitoes and will take over and crowd out other vital vegetation.
I I Y 1 0
1 ` "
1 i N 5, MANHOLE TOP
4'
PERMANENT POOL EL=15.0
�' '• VEG. SHELF
6' BOTTOM EL=10.0
\00000 o0�Q0o0o o° 1' SEDIMENT STORAGE >�Qo00o 0�-9Q000o O?,SQ' EL=9 . 0
`------------ ----------------------
- - --
EXCAVATE FORBAY BOTTOM TO ELEVATION 9.0'
TO ALLOW FOR SEDIMENT STORAGE DURING
CONSTRUCTION
SE1 -A
VERT" 5/1
PROJECT NO.: P1622--002
DRAWING NO.: 004
TOP OF BANK
EL=23. 0
14.3`
15.3
MANHOLE TOP
0 000c
12"COMPACTED STONE
20 10 0 20 40
GRAPH I C SCALE: 1 "= 20'
EL=22.49
O
0 ocQb 00
0 00000
EMERGENCY SPILLWAY
RIPRAP WITH LINER
ROCK INLET
PROTECTION
(2'TALL x
4'W x 4'L)
4"DIA.PVC
W/CAP DRILLED
W/2"DIA. ORIFICE
12"COMPACTE
STONE
JI-IGLi-
OUTLET STRUCTURE DETAIL
12" CONC. SLAB
23.0
#4 REBAR 12"O.C.
EACH WAY
15.0
PERM. POOL
PLANTING SPECIFICATIONS:
-FOR EROSION CONTROL PLANTING AND BANK STABILIZATION (UPLAND AREA) FOLLOW EROSION
CONTROL SEEDING SCHEDULE.
-UTILIZE A 90-DAY SLOW RELEASE FERTILIZER TABLET FOR PLANTS.
-PLACE 3 OR 4 INCHES OF QUALITY TOPSOIL TO THE SHALLOW LAND AND SHALLOW WATER REGIONS.
THE PROJECT CAN UTILIZE THE EXISTING TOPSOIL BY STOCK PILING CN SITE AND AMENDING
SOIL AS NECESSARY BASED ON SOIL ANALYSIS RESULTS.
-THE DETENTION POND MUST BE STABILIZED WITHIN 14 DAYS OF CONSTRUCTION.
CONSIDER CONSTRUCTION SEQUENCING SO THAT PLANTS CAN BE PLANTED AND THE POND
CAN BE BROUGHT ONLINE WITHIN 14 DAYS.
VEGETATION SCHEDULE
SQ. FT. IN PLANT PLANTS OF
CATEGORY CATEGORY IN
SHELF AREA I SHELF AREA
1,623 SQ.FT, HERBACEOUS PLANTS 4Qfi
PLANT REQUIREMENTS:
SELECT PLANTS FROM THE WETLAND PLANT LIST ABOVE.
A MINIMUM OF TEN (10) DIFFERENT SPECIES, WITH NO MORE THAN
30% OF A SINGLE SPECIES.
A MINIMUM TWO-YEAR WARRANTY PERIOD STIPULATING REQUIREMENTS
FOR PLANT SURVIVAL/REPLACEMENT, AT THE END OF THE FIRST YEAR
AND AGAIN AT THE END OF THE TWO-YEAR WARRANTY PERIOD. ALL
PLANTS THAT DO NOT SURVIVE MUST BE REPLACED.
THE DESIGN FOR PLANTINGS SHALL MINIMIZE THE NEED FOR HERBICIDES,
FERTILIZERS, PESITICIDES, OR SOIL AMENDMENTS AT ANY TIME. BEFORE.
DURING AND AFTER CCNSTRUCTION AND ON A LONG TERM BASIS. PLANTINGS
SHALL BE DESIGNED TO MINIMIZE THE NEED FOR MOWING, PRUNING AND
IRRIGATION.
PLANT MATERIAL SHOULD BE PURCHASED FROM A SIMILAR PROVENANCE OR
LOCAL SOURCE TO ENSURE SURVIVABILITY.
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RICHARD A. BROWN, P•F,
R E V I S I 0 N S

NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S. RECAN
secretary
LINDA CULPEPPER
Interim Director
DWQ Project No.: _
Applicant:
Project Name:
Date of Issuance of Wetland
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
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.4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41(RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 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 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) 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
By
for Linda Culpepper
Interim Director

GC4139
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) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
g) 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:
L Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
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
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H .0506]; or
j) 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
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
L The activities are listed as "EXEMPT" from these rules; or
1 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 2 of 11

GC4139
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
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. 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)]
2. 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)]
3. 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)]
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
5. 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 (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
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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 calculations to document 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 02B .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 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.
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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 026.0200]
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 046 .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 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 02B .0201]
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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 NC Sediment and Erosion Control Manual, or the NC 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 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)]
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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.
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)]
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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 026 .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)]
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.
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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 01C .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)]
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)]
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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 .0502]
GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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 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.
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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 (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
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