20191754 Ver 2_No Written Concurrence_20200701

June 30, 2020

DWR # 2019-1754V2
New Hanover County
Lutheran Retirement Center – Wilmington, Inc.
c/o John Frye
5215 Junction Park Circle Suite 102
Wilmington, NC 28412

Subject: No Written Approval Required
4915 Masonboro Loop Road – Wilmington, NC 28409

Dear Mr. Frye:

The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on May 8, 2020. DWR issues approval in the form of a Water
Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s)
198000291 or 197800056 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.

In accordance with the attached General Certification #4175 (GC 4175), the impacts described in
your application do not require written authorization to utilize GC 4175. However, you are required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.

Please note the current rule, 15A NCAC 02B .0225 Water Quality Standards for Outstanding
Resource Waters, which as written describes “In the following designated waterbodies, no new
or expanded NPDES permitted discharges and only new or expanded marinas with fewer than
10 slips having no boats over 24 feet in length and no boats with heads shall be allowed:
(D) the Masonboro Sound Area (Cape Fear River Basin), including all waters between the Barrier
Islands and the mainland from Carolina Beach Inlet to Masonboro Inlet.”

This Certification 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).

DocuSign Envelope ID: 1E018985-7E04-46FC-8A50-5ABFECAB12BF

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.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
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. Please
contact Robb Mairs at 910-796-7215 or [e-mail] if you have any questions or
concerns.

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Enclosures: GC 4175
15A NCAC 02B .0225 Water Quality Standards for Outstanding Resource
Waters

cc: Curt Weychert, DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
Steve Morrison & Greg Finch, Land Management Group, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

DocuSign Envelope ID: 1E018985-7E04-46FC-8A50-5ABFECAB12BF
15A NCAC 02B .0225 WATER QUALITY STANDARDS FOR OUTSTANDING RESOURCE WATERS
(a) The Commission shall classify surface waters of the State as outstanding resource waters (ORW) upon finding,
on a case-by-case basis, that such waters are of exceptional State or national recreational or ecological significance
that require additional protection to maintain existing uses, as described in this Rule, and that the waters meet the
following conditions:
(1) the water quality is rated as excellent based on physical, chemical or biological information; and
(2) the characteristics that make these waters of exceptional State or national recreational or
ecological significance may not be protected by the assigned narrative and numerical water quality
standards.
(b) For purposes of this Rule, a water body shall be deemed to be of exceptional State or national recreational or
ecological significance if it exhibits one or more of the following ORW uses:
(1) there are outstanding fish or commercially-important aquatic species habitat and fisheries;
(2) there is a high level of water-based recreation or the potential for such recreation;
(3) the waters have received a designation such as a North Carolina or National Wild and Scenic
River or a National Wildlife Refuge, which do not provide any water quality protection;
(4) the waters represent an important component of a State or national park or forest; or
(5) the waters are of ecological or scientific significance, such as habitat for rare or endangered
species or as areas for research and education.
(c) Quality Standards for ORW.
(1) Freshwater: Water quality conditions shall be maintained to protect the outstanding resource
values of waters classified ORW. Management strategies to protect resource values shall be
developed on a site-specific basis during the proceedings to classify waters as ORW in accordance
with Rule .0101 of the Subchapter. No new discharges or expansions of existing discharges shall
be permitted, and stormwater controls for all new development activities requiring an Erosion and
Sedimentation Control Plan in accordance with rules established by the NC Sedimentation Control
Commission shall comply with the stormwater provisions set forth in 15A NCAC 02H .1000,
including the specific stormwater management requirements for freshwater ORW areas set forth in
15A NCAC 02H .1019 and .1021.
(2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values
of waters classified ORW. Management strategies to protect resource values shall be developed on
a site-specific basis during the proceedings to classify waters as ORW in accordance with Rule
.0101 of this Subchapter. New development shall comply with the stormwater provisions set forth
in 15A NCAC 02H .1000, including the specific stormwater management requirements for
saltwater ORW areas set forth in 15A NCAC 02H .1019 and .1021. No dredge or fill activities
shall be allowed if those activities would result in a reduction of the beds of "submerged aquatic
vegetation habitat" or "shellfish producing habitat," defined in 15A NCAC 03I .0101, and
incorporated by reference including subsequent amendments and editions, except for maintenance
dredging, such as that required to maintain access to existing channels and facilities located within
the designated areas, or maintenance dredging for activities such as agriculture. The Commission
shall hold a public hearing before granting a permit to discharge to waters classified as ORW.
Additional, site-specific actions to protect resource values shall be considered during the proceedings to classify
waters as ORW and shall be specified in Paragraph (d) of this Rule. These actions may include anything within the
powers of the Commission, as set forth in G.S. 143-21 and G.S. 143B-282. The Commission shall also consider
local actions that have been taken to protect a water body in determining the additional, site -specific actions.
(d) Listing of Waters Classified ORW with Specific Actions.
(1) Roosevelt Natural Area [White Oak River Basin, Index Nos. 20-36-9.5-(1) and 20-36-9.5-(2)],
including all fresh and saline waters within the property boundaries of the natural area: New
development on a site within 575 feet of and naturally draining to the Roosevelt Natural Area shall
comply with the low density option in the stormwater rules set forth in 15A NCAC 02H .1019.
(2) Chattooga River ORW Area (Little Tennessee River Basin and Savannah River Drainage Area):
the following undesignated waterbodies that are tributary to ORW designated segments shall
comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per Rule
.0203 of this Section. However, expansions of existing discharges to the following segments shall
be allowed if there is no increase in pollutant loading:
(A) North and South Fowler Creeks and associated tributaries;
(B) Green and Norton Mill Creeks and associated tributaries;
(C) Cane Creek and associated tributaries;
(D) Ammons Branch and associated tributaries; and
(E) Glade Creek and associated tributaries.
(3) Henry Fork ORW Area (Catawba River Basin): the following undesignated waterbodies that are
tributary to ORW designated segments shall comply with Subparagraph (c)(1) of this Rule in
order to protect the designated waters as per Rule .0203 of this Section:
(A) Ivy Creek and associated tributaries; and
(B) Rock Creek and associated tributaries.
(4) South Fork New and New Rivers ORW Area [New River Basin (Index Nos. 10 -1-33.5 and 10)]:
the following management strategies, in addition to the discharge requirements set forth in
Subparagraph (c)(1) of this Rule, shall apply to the designated ORW areas:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply t o land
within one mile of and that drains to the designated ORW areas;
(B) New or expanded National Pollutant Discharge Elimination System (NPDES) permitted
wastewater discharges located upstream of the designated ORW (for the North Fork New
River ORW area, see Subparagraph (14) of this Paragraph) shall be permitted such that
the following water quality standards are maintained in the ORW segment:
(i) the total volume of treated wastewater for all upstream discharges combined
shall not exceed 50 percent of the total instream flow in the designated ORW
under 7Q10 conditions, which are defined in Rule .0206(a)(1) of this Section;
(ii) a safety factor shall be applied to any chemical allocation such that the effluent
limitation for a specific chemical constituent shall be the more stringent of either
the limitation allocated under design conditions pursuant to Rule .0206 of this
Section for the normal standard at the point of discharge, or the limitation
allocated under design conditions for one-half the normal standard at the
upstream border of the ORW segment;
(iii) a safety factor shall be applied to any discharge of complex wastewater (those
containing or potentially containing toxicants) to protect for chronic toxicity in
the ORW segment by setting the whole effluent toxicity limitation at the higher
effluent concentration determined under design conditions pursuant to Rule
.0206 of this Section for either the instream effluent concentration at the point of
discharge or twice the effluent concentration calculated as if the discharge were
at the upstream border of the ORW segment;
(C) New or expanded NPDES permitted wastewater discharges located upstream of the
designated ORW (for the North Fork New River ORW area, see Subparagraph (14) of
this Paragraph) shall comply with the following:
(i) Oxygen Consuming Wastes: Effluent limitations for oxygen consuming wastes
shall be BOD = 5 mg/1, and NH3-N = 2 mg/1;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be
limited to effluent concentrations of 10 mg/1 for trout waters and to 20 mg/1 for
all other waters;
(iii) Emergency Requirements: Reliable treatment designs shall be employed, such
as stand-by power capability for entire treatment works, dual train design for all
treatment components, or other reliable treatment designs in accordance with
15A NCAC 02H .0124;
(iv) Nutrients: If nutrient overenrichment is projected to be a concern, effluent
limitations shall be set for phosphorus, nitrogen, or both;
(5) Old Field Creek (New River Basin): the undesignated portion of Old Field Creek from its source
to Call Creek shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated
waters as per Rule .0203 of this Section;
(6) In the following designated waterbodies, no ad ditional restrictions shall be placed on new or
expanded marinas. The only new or expanded NPDES permitted discharges that shall be allowed
shall be non-domestic, non-process industrial discharges. The Alligator River Area (Pasquotank
River Basin), extending from the source of the Alligator River to the U.S. Highway 64 bridge,
including New Lake Fork, North West Fork Alligator River, Juniper Creek, Southwest Fork
Alligator River, Scouts Bay, Gum Neck Creek, Georgia Bay, Winn Bay, Stumpy Creek Bay,
Stumpy Creek, Swann Creek (Swann Creek Lake), Whipping Creek (Whipping Creek Lake),
Grapevine Bay, Rattlesnake Bay, The Straits, The Frying Pan, Coopers Creek, Babbitt Bay, Goose
Creek, Milltail Creek, Boat Bay, Sandy Ridge Gut (Sawyer Lake) and Second Creek, but
excluding the Intracoastal Waterway (Pungo River -Alligator River Canal) and all other tributary
streams and canals;
(7) In the following designated waterbodies, the only type of new or expanded marina that shall be
allowed shall be those marinas located in upland basin areas, or those with fewer than 10 slips
having no boats over 24 feet in length and no boats with heads. The only new or expanded NPDES
permitted discharges that shall be allowed shall be non-domestic, non-process industrial
discharges:
(A) the Northeast Swanquarter Bay Area including all waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E 21N 02O thence southeast along the Swanquarter
National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential
Proclamation and depicted on the U.S. Fish and Wildlife Service Swanquarter National
Wildlife Refuge map at https://www.fws.gov/southeast/pdf/map/swanquarter-national-
wildlife-refuge.pdf, incorporated by reference) to Drum Point;
(B) the Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound Section of the
Southeast Pamlico, Core and Back Sound Area); (Neuse River Basin) including all
waters within an area defined by a line extending from the southern shore of Ocracoke
Inlet northwest to the Tar-Pamlico River and Neuse River basin boundary, then
southwest to Ship Point;
(C) the Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White
Oak River Basin), including all waters of Core Sound and its tributaries, but excluding
Nelson Bay, Little Port Branch and Atlantic Harbor at its mouth, and those tributaries of
Jarrett Bay that are closed to shellfishing;
(D) the Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area
(White Oak River Basin), including all waters withi n an area defined by a line from
Bogue Inlet to the mainland at SR 1117 to a line across Bogue Sound from the southwest
side of Gales Creek to Rock Point and including Taylor Bay and the Intracoastal
Waterway;
(E) the Stump Sound Area (Cape Fear River Basin), including all waters of Stump Sound and
Alligator Bay from marker Number 17 to the western end of Permuda Island, but
excluding Rogers Bay, the Kings Creek Restricted Area, and Mill Creek; and
(F) the Topsail Sound and Middle Sound Area (Cape Fear River Basin), including all
estuarine waters from New Topsail Inlet to Mason Inlet and including the Intracoastal
Waterway and Howe Creek, but excluding Pages Creek and Futch Creek.
(8) In the following designated waterbodies, no new or expanded NPDES permitted discharges and
only new or expanded marinas with fewer than 10 slips having no boats over 24 feet in length and
no boats with heads shall be allowed:
(A) the Swanquarter Bay and Juniper Bay Area (Tar -Pamlico River Basin), including all
waters within a line beginning at Juniper Bay Point and running south and then west
below Great Island, then northwest to Shell Point and including Shell, Swanquarter, and
Juniper Bays and their tributaries, but excluding all waters northeast of a line from a point
at Lat. 35E 23N 51O and Long. 76E 21N 02O thence southeast along the Swanquarter
National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential
Proclamation and depicted on the U.S. Fish and Wildlife Service Swanquarter National
Wildlife Refuge map at https://www.fws.gov/southeast/pdf/map/swanquarter-national-
wildlife-refuge.pdf, incorporated by reference) to Drum Point and also excluding the
Blowout, Hydeland, Juniper, and Quarter Canals;
(B) the Back Sound Section of the Southeast Pamlico, Core and Back Sound Area (White
Oak River Basin), including that area of Back Sound extending from Core Sound west
along Shackleford Banks, then north to the westernmost point of Middle Marshes and
along the northwest shore of Middle Marshes (to include all of Middle Marshes), then
west to Rush Point on Harker's Island, and along the southern shore of Harker's Island
back to Core Sound;
(C) the Bear Island Section of the Western Bogue Sound and Bear Island Area (White Oak
River Basin), including all waters within an area defined by a line from the western most
point on Bear Island to the northeast mouth of Goose Creek on the mainland, east to the
southwest mouth of Queen Creek, then south to green marker No. 49, then northeast to
the northern most point on Huggins Island, then southeast along the shoreline of Huggins
Island to the southeastern most point of Huggins Island, then south to the northeastern
most point on Dudley Island, then southwest along the shoreline of Dudley Island to the
eastern tip of Bear Island; and
(D) the Masonboro Sound Area (Cape Fear River Basin), including all waters between the
Barrier Islands and the mainland from Carolina Beach Inlet to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape Fear River Basin) [Index N os. 18-68-(0.5), 18-68-(3.5),
18-68-(11.5), 18-68-12-(0.5), 18-68-12-(11.5), and 18-68-2]: the following management strategies
shall be required in addition to the discharge requirements specified in Subparagraph (c)(1) of this
Rule:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land
within one mile of and that drains to the designated ORW areas;
(B) New or expanded NPDES permitted wastewater discharges located one mile upstream of
the stream segments designated ORW (upstream on the designated mainstem and
upstream into direct tributaries to the designated mainstem) shall comply with the
following discharge restrictions:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD shall
not exceed 5 mg/l and NH3-N shall not exceed 2 mg/l;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be
limited to effluent concentrations of 20 mg/l;
(iii) Emergency Requirements: Reliable treatment designs shall be employed, such
as stand-by power capability for entire treatment works, dual train design for all
treatment components, or other reliable treatment designs in accordance with
15A NCAC 02H .0124;
(iv) Nutrients: If nutrient overenrichment is projected to be a concern, effluent
limitations shall be set for phosphorus, nitrogen, or both.
(v) Toxic substances: If complex discharges (those containing or potentially
containing toxicants) may be currently present in the discharge, a safety factor
shall be applied to any chemical or whole effluent toxicity allocation. The limit
for a specific chemical constituent shall be allocated at one-half of the normal
standard at design conditions. Whole effluent toxicity shall be allocated to
protect for chronic toxicity at an effluent concentration equal to twice that which
is acceptable under flow design criteria pursuant to Rule .0206 of the Section.
(10) Lake Waccamaw ORW Area (Lumber River Basin) [Index No. 15-2]: all undesignated
waterbodies that are tributary to Lake Waccamaw shall comply with Paragraph (c) of this Rule in
order to protect the designated waters as per Rule .0203 of this Section;
(11) Swift Creek and Sandy Creek ORW Area (Tar-Pamlico River Basin) [portion of Index No. 28 -78-
(0.5) and Index No. 28-78-1-(19)]: all undesignated waterbodies that drain to the designated
waters shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per
Rule .0203 of this Section and to protect outstanding resource values found in the designated
waters as well as in the undesignated waters that drain to the designated waters;
(12) Fontana Lake North Shore ORW Area (Little Tennessee River Basin and Savannah River
Drainage Area) [Index Nos. 2-96 through 2-164] (excluding all waterbodies that drain to the south
shore of Fontana Lake) consists of the entire watersheds of all creeks that drain to the north shore
of Fontana Lake between Eagle and Forney Creeks, including Eagle and Forney Creeks. In
addition to the requirements set forth in Subparagraph (c)(1) of this Rule, any per son conducting
development activity disturbing greater than or equal to 5,000 square feet of land area in the
designated ORW area shall undertake the following actions to protect the outstanding resource
values of the designated ORW and downstream waters:
(A) investigate for the presence of and identify the composition of acid -producing rocks by
exploratory drilling or other means and characterize the net neutralization potential of the
acid-producing rocks prior to commencing the land-disturbing activity;
(B) to the maximum extent practicable, taking into account site-specific factors including
technical and cost considerations as well as protection of water quality, avoid areas where
acid-producing rocks are found with net neutralization potential of –5 or less;
(C) establish background levels of acidity and mineralization prior to commencing land -
disturbing activity and monitor and maintain baseline water quality conditions for the
duration of the land-disturbing activity and thereafter for a period of at least two years as
determined by the Division as part of a certification issued in accordance with 15A
NCAC 02H .0500 or stormwater permit issued pursuant to this Rule;
(D) obtain a NPDES permit for construction pursuant to Rule 15A NCAC 02H .0126 prior to
initiating land-disturbing activity;
(E) design stormwater control systems to control and treat stormwater runoff from all
surfaces generated by one inch of rainfall, in accordance with 15A NCAC 02H .1003(3),
.1003(5), and .1050; and
(F) post development, replicate pre-development runoff characteristics and mimic the natural
hydrology of the site.
(13) Horsepasture River ORW Area (Savannah Drainage Area) [Index No. 4 -13-(0.5) and Index No. 4-
13-(12.5)]: all undesignated waterbodies that are located within the Horsepasture River watershed
shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per
Rule .0203 of this Section and to protect outstanding resource values throughout the watershed.
However, new domestic wastewater discharges and expansions of existing wastewater discharges
shall be allowed provided that:
(A) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD shall not
exceed 5 mg/l and NH3-N shall not exceed 2 mg/l;
(B) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to
effluent concentrations of 10 mg/1 for trout waters and to 20 mg/l for all other waters
except for mining operations, which shall be held to their respective NPDES TSS permit
limits;
(C) Nutrients: If nutrient overenrichment is projected to be a concern, effluent limitations
shall be set for phosphorus, nitrogen, or both; and
(D) Volume: The total volume of treated wastewater for all discharges combined shall not
exceed 25 percent of the total instream flow in the designated ORW under 7Q10
conditions, as defined in Rule .0206(a)(1) of this Section;
(14) North Fork New River ORW Area (New River Basin) [Index Nos. 10 -2-(1), 10-2-(11) and 10-2-
(12)]: all non-ORW waterbodies, including Little Buffalo Creek and Claybank Creek [Index Nos.
10-2-20-1 and 10-2-20-1-1], that are located within the North Fork New River watershed shall
comply with Rule .0224 of this Section in order to protect the ORW designated waters.

History Note: Authority G.S. 143-214.1; S.L. 2005-97;
Eff. October 1, 1995;
Amended Eff. August 1, 2003 (see S.L. 2003 -433, s.2); August 1, 2000; April 1, 1996; January 1,
1996;
Temporary Amendment Eff. October 7, 2003;
Amended Eff. December 1, 2010; July 1, 2009; January 1, 2007; June 1, 2004;
Readopted Eff. November 1, 2019.

f;' fr A if l
&TAN 1111
.
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT
ACT),
• REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS)
• 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 4175 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: February 1, 2019
Signed this day: February 1, 2019
'M/
for Linda Culpepper, Director

XMW
a\ Activities authorized bvCAK4AMajor Deve|OprnentP8nnit3 except:
i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation Or filling 0fcoastal wetlands (a5
defined inl5ANCA[O7H.O2O5)shall not exceed lO0square feet;
ii\ Shoreline protection measures (excluding ||ving5hOr2|ines/nn8r5h sills) that /l\
tie into existing bulkheads, land or other shoreline protection measures or (2) do
not extend vvatervvard 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 (3AV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts |8Ss than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCACO7H .0205)shaU not exceed IO0square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend vvo1enward of the nOrrn8| high water or normal water line more than 30
feet or five feet vvatenmard of the existing wetlands whichever distance is
greater, (Z) the activity will not involve the excavation or fill of any Submerged
Aquatic Vegetation (SAV) orsignificant 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 tothe Division upon issuance; or
iv) Piers and docks designed to accommodate up to but not exceeding 10vesse|s
(except where prohibited in Outstanding Resource Waters /[)RVV\ as defined in
15A N[AC 02B.0225/7\ & (8)\ and where the water depth is equal to or greater
than two feet of water at normal |0vv xv@t8r level Or nOrnn8| vvotSr level
(whichever i62ppUcab|e\;
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 noSAVorshellfish beds are
excavated Orfilled;
vi\ Projects that involve only shading of waters or wetlands that do not meet the
criteria listed initem (iv)above;
vii> Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDE8 Permit, as long asall impacts are temporary;
viii\Upland development which involves no more than I/IO of an acre of excavation
or filling of non -coastal wetlands, with the exception that no more than 2,000
square feet of the non -coastal excavation or filling may take place within a
Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this
area calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

considered, which may include boat ramps, bulkheads Or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of4O4 jurisdictional wetlands
as long as written concurrence is not required from DVVRfor the applicable US
Army Corps ofEngineers Nationwide Permit; 8r
b\ Commercial shellfish aquacu|ture activities that qualify for Nationwide Permit 48, provided
the Division of Marine Fisheries /DIVIF\ Lease Program submits the proposed site map and
investigation report to DVVR for comment prior to the DK4F Director's recommendation on
the application for public notice Ordenial; or
c\ Any stream relocation or stream restoration; or
d\ Any high -density project, as defined in 15A NCAC 02H .1003(2)/a\ and by the density
thresholds specified inI5ANCACQ2H.IOl7,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 oropen water impacts; and
iii) Proposes new built -upon area; and
iv) Does not have a utOrrnvvater management plan reviewed and approved under a
state 6tOrrnxvater program' or 3 state -approved local government stOrnovvater
programnz.
Projects that have vested rights, exemptions, or gr3ndfatherin# from state Or locally -
implemented stOrnnvvater programs and projects that satisfy state or |0C8||y-innp|ernen1ed
stornovvater programs through use of community in -lieu programs require written
approval; or
e\ Any impacts toSAVorsignificant shellfish resources msidentified bythe (DK4F);Or
f\ Any impacts Unique Wetlands (UVVL);0r
g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
NC Wetland Rules /15A NCACO2H .0500\, 0C Isolated Wetland Rules (15A N[A[O2H .1300),
N[Surface Water orWetland Standards /15A 0CACO2B .0200\, or State Regulated Riparian
Buffer Rules (15ANCAC038 .0200); or
h\ 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 GS"EXEK8PT°from these rules; Or
ii\ A Buffer Authorization Certificate is issued by the NC Division of [085ta|
Management (D[M);or
iii) A Buffer Authorization Certificate Or a Minor Variance is issued by a delegated Or
designated local government implementing 3 state riparian buffer program
pursuant tO143-215.23.
'e�.Coastal Counties, HDVV ORVV orstate-implemented Phase UNPDES
2e.g. Delegated Phase || NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, o/ Universal Sto/mwa er
Management Program
Page ]of13

Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management
Act (CAMA) General Permits do not require written approval from the Division as long as they
comply with all of the Activity Specific and General Conditions of this Certification listed
below. In any of the Activity Specific or General Conditions of this Certification listed below
cannot be met, then written approval from the Division is required.
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DVVRVVashington (252'946-6481) or Wilmington (910-
796-72I5) Regional Office, as applicable, are notified and provide approval prior tothe
release. [15ANCACO2B.0221]
2. If this Water [}ua|hv 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 6tn26rn5 or wetlands. If required in writing by DVVR, the applicant Sh3|| provide
evidence that the parcels are buildable without requiring additional impacts towetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
]. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [1 5A 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 NCA[ 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These nn8Chanisnn5 shall be put in place atthe time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
5. For living shorelines, the sills shall have at least one five-foot opening every 100f8et and
may be staggered or overlapped or left open as long asthe five-foot separation between
sections is maintained. Overlapping sections Sh8|| not overlap more than 10feet. |lSA
b. For living shorelines, the pennh±ee shall ennpk»/ 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 A[± and the Mining Act
Page 4 of 12

7. 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
a. Provide a completed StOrnlxvater Management Plan /SK4P\ for r8v2vv and approval,
including all appropriate Storrnvxatercontrol rneaSun2 (S[K4)supp|enoenta| forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. StornnxxGter management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1009(2)(a), density thresholds shall be determined in accordance with 25A NCAC
OZH.lO17.
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 stOrrnvvater runoff when considering
the volume and velocity ofStDrrnvvatgr runoff from the project built upon area and the
size and existing condition Ofthe receiving s1rearn(s).
Exceptions to this condition require application to and written approval from DWR.
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 tQthe project requirenotifiC8tiontoDVVRandrnGyrequir8
anapplication submittal tqOVVRwith the appropriate fee. [15ANCACO2H.O5O1and .O5O2]
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 DVVR; or beyond the thresholds established for use Of this Certification without
written authorization. [I5ANCA[O2H.OSO1and .O5O2]
NOremoval Of vegetationorother impacts Ofany kind shall occur tostate regulated riparian
buffers beyond the footprint of impacts approved in e 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 OZH .0505(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
dam Sh8|| not require mitigation when the removal ronnpU8s 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 vvith4O4 jurisdictional
wetlands for the purpose Of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects th8t3renOt
determined to be part of larger common plan of development by the US Army Corps of
Page 5 of 12

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 113AArtiole 4 (Sediment and Pollution Control Act of 1975).
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
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 Enos/on Control Manual, Or for linear transportation
projects, the NCDOTSediment 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
3tOrrnvvaterrouting 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 Sh8||
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act Of1971.
|fthe project occursinxvaterSOrvvat8rshedsc|assifiedasPrirnaryNurseryAreas(PNA5),SA,
VVS-|, VVS-||, High Quality Waters /H{}\N>, OrOutstanding Resource Waters /ORVV\, then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15ANCAC04B.Ol24,Design Standards /nSensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands orwaters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions tDthis condition require application to and written approval from DVVR. [15A
NCA[O2H.OSO1and .O5O2]
Page 6of12

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]
O. An NPDE5 Construction Storrnvv@ter Permit /NCGO20000\ is required for construction
projects that disturb one /1\ or more acres of land. The M[GO10000 Permit allows
storrnvvater 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 isrequired. [15A
The North [on]Un3 Department ofTransportation (NCDOT)shaU be required tobe in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPOES (NC5000250) stornnxvater permit. [15A N[AC 02H
8. All work in or adjacent to streams shall be conducted Bo that the flowing stream does not
o)rne in contact with the disturbed area. Approved best management practices from the
most current version Of the NC Sediment and Erosion [onbo/ Manual, or the NC [)(]T
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 tothis condition require application to and written approval from DVVR.
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 W[AC 02H
All rn0ratohurn6 on construction activities established by the NC Wildlife Resources
Commission (VVRC), US Fish and Wildlife Service (USFVVS), NC Division of Marine Fisheries
(DK4F)or National Marine Fisheries Service (NN4RG) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. Acopy ofthe approval from the resource agency shall beforwarded toOVVR.
Work within a designated trout watershed of North Carolina (J5 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,
11.Culvert5 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 ofthe stream above and below a pipe or culvert shall not be modified
bywidening the stream channel orbyreducing the depth ofthe stream inconnection with
the construction activity. The width, height, and gradient of proposed culvert shall be
Page 7of12

Such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [ISA NCAC 02H .0506(b)(2) and (c)(2\l
Placement of culverts and Other structures in streams shall be below the elevation of the
streennbed byone foot for all culverts with a diameter greater than 48 inches, and 20Y6 of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage Ofwater and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section asclosely 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 596, 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 toinclude
a |OC8tiOn rnGp of the culvert, culvert profile drawings, and dope calculations, 5h8U be
provided toDVVR6Ocalendar days prior 1nthe installation ofthe culvert.
When bedrock i5present 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, geoterhniC8| reports,
photographs, etc. shall be provided to DVVR a minimum of5O calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DVVR shall be
notified byphone oremail within 24hours 0fdiscovery.
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 DVVR.
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 FEK4A-designated f|oOdvveys or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system JS well as prevent constriction of the flOOdvv8y that may result in
destabilization ofstreams orwetlands.
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.
Page 8 of 12

12.Bhdge deck drains shall not discharge directly into the stream. Stonnvvat8r shall be
directed across the bridge and pre-treated through site -appropriate means tQthe maximum
extent practicable (e.g. grassed svva|es, pre -formed scour holes, vegetated buffers, etc.)
before entering the streamn.-Exceptionstothis condition require application to and written
approval from DVVR. [15ANCACO2H.0506/bV5\l
13.App|iCatiOn 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
NCACO2B.O2OOand l5A0C4CU2B.O33l]
14.|f concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured Orcuring concrete and waters ofthe state. Water
that inadvertently contacts uncured concrete shall not bedischarged tOwaters ofthe state.
[25ANCACO2B.0200]
15.AU 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, planforrn 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. [ISA NCA[ 02H
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 8kzrb\ Carolina Sediment and Erosion
Control Planning and Design Manual orthe North Carolina Surface Mining Manual orthe
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities 5Oasnot tOrestrict stream flow orcause dis-equi|ibriunnduring
17.Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
t8rnp0n8ri|y disturbed areas shall be restricted to the area din2[±|y impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and 5treamnb@nhcontOurs 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.
18.Any hp -rap used for 5tn2arn 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
5treanobed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
Page 9of1Z

19.AopUca1iOn5 for hp -nap groins proposed in accordance with 15A N[AC 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 inI5ANCA[O7H.14Q5.
lO.AU mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
Drother toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters tOthe rnaxinnurn 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
O2H.O5OG(b)(3\and (c)/3\and 15ANCACO28.0211(12)l
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize SUi| disturbance. [15A N[ACO3H .0506/b\(3) and (c)(3)]
22.|n accordance with 143-215.85(b)the applicant shall report any petnQ|guno spill of 25
gallons or more; any spill regardless Ofamount that Causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within IOO feet of surface waters; and any
petroleum spill less than 25 gallons that cannot becleaned upwithin 24hours.
38. 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 /WEPA\, 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
NCACOlC.O1O7(a)l
24.This (Senen3| 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, Won-
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. |fDVVR 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 OVVR may revoke or
modify a written authorization associated with this General Water Quality Certification.
Page 10 of 12

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 htt se edocsodeg,nc,00rrr�s/Certificate-of-Comletion). [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]
Ill. 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)]
Page 11 of 12

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 ineffect
onthe date ofissuance ofCertification for 3specific project Shal|renmainineffectforthe|ife
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 Genera{ Permits or when deemed
appropriate bythe Director ofthe Division ofWater Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific projectrnay
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
formal application for Individual Certification for any project in this category ofactivity 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 orfederally listed endangered
or threatened aquatic species, Or degrade the waters so that existing uses of the water or
downstream waters are precluded.
KistOryNobe: N/oteT Quality Certification(N/0[)Number 4275 issued February 2,2O19 replaces
WQ[4175 issued December 14, 2018; WQC4244 issued December 1, 2017, WQC4097 issued
March 6, 2027| N/QC Number 3900 issued March 29\ 2022| N/QC Number 3641 and 3642 issued
March 19, 2007; N/QC/Vu/nbers 3372 ond3400 issued March 28, 2002, N/Q[Number 3274
issued June 1, 2000; N/Q[ Number 3222 issued February 12, 2997| and kkl}C /Vunnb8r30Z5
issued September 6,1995.
Page 12 of 12