NCG520125_Fact Sheet_20200514

Fact Sheet
NPDES General Permit COC NCG520125
Permit Writer/Email Contact: Derek C. Denard
Date: 14May2020
Division/Branch: NC Division of Water Resources/Water Quality Permitting Section
Compliance & Expediated Permitting Branch
Permitting Action:
❑ Renewal
❑ Renewal with Expansion
❑X New Discharge
❑ Modification (Fact Sheet should be tailored to mod request)
See Permit Application Attachment A and Attachment B for additional information
Complete applicable sections below. If not applicable, enter NA.
1. Basic Facility Information
Facility Information
Applicant/Facility Name:
M Marsh Farms, Inc. - Marsh Farm Sand Mine
Applicant Address:
2434 Brocks Mill Road, Chersaw, SC, 29520
Facility Address:
180 Old Hardin Rd, NC, Dallas 28034
Permitted Flow:
Not limited; See General Permit NCG520125; application indicates
400-GPD for three outfalls
Facility Type/Waste:
in -stream sand mining wastewater, associated stormwater and similar
wastewaters
Facility Class:
Not Classified
Treatment Units:
Composite filter socks with an interior collection Swale; filter bags
Pretreatment Program (Y/N)
NO
County:
Gaston
Region
MRO
Briefly describe the proposed permitting action and facility background.- [See Permit Application
Attachment A]
Page 1 of 4

2. Receiving Waterbody Information:
Receiving Waterbody Information
Outfalls/Receiving Stream(s):
Outfall 001, 002, 003
Stream Segment:
11-129-(10.5)
Stream Classification:
WS-IV
Drainage Area (m12):
Information not available
Summer 7Q10 (cfs)
Information not available
Winter 7Q10 (cfs):
Information not available
30Q2 (cfs):
Information not available
Average Flow (cfs):
Information not available
IWC (% effluent):
Information not available
303(d) listed/parameter:
Not evaluated
Subject to TMDL/parameter:
Not evaluated
Basin/Sub-basin/I UC:
Catawba/03-08-35/ 030501020504
USGS Topo Quad:
Lincolnton E, NC
3. Effluent Data Summary
NA. New permit. No data.
4. Instream Data Summary
Instream monitoring may be required in certain situations, for example: 1) to verify model predictions
when model results for instream DO are within 1 mg/1 of instream standard at full permitted flow; 2) to
verify model predictions for outfall diffuser; 3) to provide data for future TMDL; 4) based on other
instream concerns. Instream monitoring may be conducted by the Permittee, and there are also
Monitoring Coalitions established in several basins that conduct instream sampling for the Permittee (in
which case instream monitoring is waived in the permit as long as coalition membership is maintained).
If applicable, summarize any instream data and what instream monitoring will be proposed for this
permit action: See general permit NCG520000. For more information please see Fact Sheet for last
permit renewal for general permit NCG52000 issued October 1, 2015.
Is this facility a member of a Monitoring Coalition with waived instream monitoring (YIN): No.
Name of Monitoring Coalition:NA.
Page 2 of 4

5. Compliance Summary
NA. New permit.
6. Water Quality -Based Effluent Limitations (WQBELs)
For more information please see Fact Sheet for last permit renewal for general permit NCG52000 issued
October 1, 2015.
7. Technology -Based Effluent Limitations (TBELs)
For more information please see Fact Sheet for last permit renewal for general permit NCG52000 issued
October 1, 2015.
8. Antidegradation Review (New/Expanding Discharge):
The objective of an antidegradation review is to ensure that a new or increased pollutant loading will not
degrade water quality. Permitting actions for new or expanding discharges require an antidegradation
review in accordance with 15A NCAC 213.0201. Each applicant for a new/expanding NPDES permit
must document an effort to consider non -discharge alternatives per 15A NCAC 2H.0105( c)(2). In all
cases, existing instream water uses and the level of water quality necessary to protect the existing use is
maintained and protected.
If applicable, describe the results of the antidegradation review, including the Engineering Alternatives
Analysis (EAA) and any water quality modeling results: EAA not required for NCG520000 instream sand
mining per Sergei Chernikov Feb202O. No alternative exists because activity is instream.
9. Antibacksliding Review
Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(1) prohibit
backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a
reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations
may be relaxed (e.g., based on new information, increases in production may warrant less stringent TBEL
limits, or WQBELs may be less stringent based on updated RPA or dilution).
Are any effluent limitations less stringent than previous permit (YESINO): NA.
If YES, confirm that antibacksliding provisions are not violated: NA.
10. Monitoring Requirements
Monitoring frequencies for NPDES permitting are established in accordance with the following
regulations and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 213.0500; 2)
NPDES Guidance, Monitoring Frequency for Toxic Substances (7/15/2010 Memo); 3) NPDES Guidance,
Page 3 of 4

Reduced Monitoring Frequencies for Facilities with Superior Compliance (10/22/2012 Memo); 4) Best
Professional Judgement (BPJ). Per US EPA (Interim Guidance, 1996), monitoring requirements are not
considered effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti -
backsliding prohibitions would not be triggered by reductions in monitoring frequencies.
For instream monitoring, refer to Section 4.
11. Electronic Reporting Requirements
The US EPA NPDES Electronic Reporting Rule was finalized on December 21, 2015. Effective
December 21, 2016, NPDES regulated facilities are required to submit Discharge Monitoring Reports
(DMRs) electronically. Effective December 21, 2020, NPDES regulated facilities will be required to
submit additional NPDES reports electronically. This permit contains the requirements for electronic
reporting, consistent with Federal requirements.
12. Summary of Proposed Permitting Actions:
NA. Certificate of Coverage for NCG520000.
13. Public Notice Schedule:
NA. Certificate of Coverage for NCG520000.
14. Fact Sheet Addendum (if applicable):
NA. Certificate of Coverage for NCG520000.
15. Fact Sheet Attachments (list in order of reference)
A. NCG520125_Application _20201007_9p
B. NCG520125_Additional Information Received_20191213_65p
C. Permittee_Consultant_Comments_20200312_4p
D. Peer Reivew 20200323_lp
E. Regional Office —Comments 20200331_2p
F. Public Water Supply Section_ Comments _20200413_3p
G. NCG520125 PWSS Review 2020_p
H. NCG520125 COC DRAFT _20200311_23p
I. NCG520125 Review Checklist 1p
J. Approval of Electronic Transmittals_20200513_2p
Page 4 of 4

�Division of Water Resources
--.��"' National Pollutant Discharge Elimination System (NPDES)
NCDENR Application for Coverage Under General Permit
NCG520000
Sand Dredsinz operations and similar point source discharges
NOTICE OF INTENT
[Required by 15A NCAC 02H .0127(d1.1; [term definition see 15A NCAC 02H .0103(19)
FOR AGENCY USE ONLY
Date Received
ear
Month
Day
l�1---l
Certificate of Coverage
N
I C
G 15
2 1 (J
Check #
Amount
w
Assigned To:
(Please print or type) `' v
1) Mailing address of owner/operator: (address to which all correspondence should bP�EI ED
Company Name M Marsh Farms, Inc.
Owner Name Marc Marsh
Street Address 2434 Brocks Mill Road
City Cheraw
Telephone #
Cell/Mobile # [phone]
2) Location of facility producing discharge:
Facility Name
Marsh Farm Sand Mine
Facility Contact
Frank Bryne
Street Address
180 Old Hardin Road
City
Dallas
County
Gaston
Telephone #
704-618-3746
3) Physical location information:
OCT 0:8 2019
NCDEOIDWRODES
State SC ZIP 29520 -
Fax #
Email [e-mail]
State NC ZIP 28034 -
Fax #
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection).
From High Shoals, head south on N Lincoln Street and then turn left on Thomnkins Street
which will continue onto Dallas Road. Proceed for 0.5 mile. Turn rieht onto an unnamed farm
road.
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application)
4) This NPDES permit application applies to which of the following:
® New [term definition see 15A NCAC 021-1.0103 16 ] or Proposed
❑ Modification
Please describe the modification:
❑ Renewal
Please specify existing permit number and original issue date: Click here to enter a date.
Pagel of 4 Revised 911113

NCG520000 New Application
5) Does this facility have any other NPDES permits [tern definition see 15A NCAC 02H .0103(15 )j?
® No
❑ Yes - If yes, list the permit numbers for all current NPDES permits for this facility:
6) Description of Discharge: [Required by 15A NCAC 02H .0105 c 1
a) Is the discharge directly to the receiving water? ® Yes ❑ No - If no, submit a site map with the pathway
to the potential receiving waters clearly marked. This includes tracing the pathway of the storm sewer to the
discharge point, if the storm sewer is the only viable means of discharge.
b) Number of discharge points (ditches, pipes, channels, etc. that convey wastewater from the property): 3
c) Volume of discharge per each discharge point (in GPD): #1: 400 #2: 400 #3: 400 44
d) Please describe the type of process the sand dredging wastewater is being discharged from, be specific:
The proposed sand removal activities will take place in three 100 foot long mining sections,
Sand Removal Areas A B and Q with onl • one section being mined at a time - see the attached
mine plan sheets provided to DEMLR's Mining Program for the mining permit application review.
Sand will be removed from the river by a smooth wide track dragline sitting parallel to the river.
The dragline will begin at the downstream limit of one of the mining sections and work its wav
upstream, stockpiling sand on its downstream side as it moves in 10 foot increments. Runoff from
the dra line will be ca tured by com ost filter socks anchored along the downslo a ed a of the work
area. Water drainin2 from the sand stockpiles will be captured by an excavated swale and com ost
filter sock system that will direct water to a sump where it will be pumped through a filter bat, and
released through a comi2ost filter sock into a v etated buffer at the edge of each work area
(returning river water back to the river where it came). Further details regarding the placement
and operation of this filterinja system are provided in the attached mine plan sheets articularl
Sheets 3 through 7 of 7. It is assumed that the porosity of the temnoarily stockpiled sand is 40%
that the stockpiles will be roughly conical in shape with a radius and height both bein
apr!roximately 5 feet and that the river sand is 100% saturated. Assuming there are 10 sand
stockpiles per 100 foot mining section there will be anvroximatelv 1310 cubic feet of sand
stockpiled within each 100 foot minin section. Of this stockpiled material 40% is assumed to have
voids capable of holding water (S=100%1 or 524 cubic feet of voids. In terms of gallons, there is
approximate!approximate!y 3,920 gallons that could potentially drain out of the stockpile. However, it is assumed
that the saturation is reduced from 100% when the sand is removed from the river to about 20%
during the stocki2iling process,as ca illa forces will kee12 a portion of the water within the void
space. As a result it is ex ected that about 800 gallons per day would drain into the swale and
sump/pump treatment system within any given 100 foot mining section in a given day. Of this 800
gallons Per day that enters the swale it is assumed that 50% of it or 400 allons per day will be held
in the swale to settle and infiltrate into the sandy soils below. The remaining 400 gallons per daV will
be gathered in the sum the switch on the pump will be set at a level to prevent water from
overtopUing the 3 foot deep Swale at any given time). The water from the sump will be pumped
through the filter bap- and then drain through a compost filter sock before it is actually discharged
into the buffer that will eventuall • drain back into the river. It is estimated that sand removal with
the dragline will take approximately 1-2 days to generate these 10 temporary stockpiles per mine
section. Thus this 400 gallons per day potential discharge will only occur for one to two days, then
there will be no discharge from this minina operation for an indeterminate period of time until
Page 2 of 4 Revised 911113

NCG520000 New Application
another mine section is mined in a similar manner (thus an intermittent operation = an intermittent
discharge).
e) Is there any treatment being applied to the wastewater before discharge (check the type of treatment in use).
❑ Settling pond
❑ Lagoon
❑ None
® Other: Compost filter socks with an interior collection Swale will be installed and
maintained to direct water from sand stockpiles alonathe river to a sump/low point to be pumped into
a filter baz that will dschar a through a compost filter sock into the buffer at periodic locations along
each mine section as shown on the mine plan sheets. The discharge from the filter bag will travel
through a compost filter sock before eventually draining into the river from which it originated. We
have selected this system in order to minimize our footprint/disturbance within the river buffer.
"NOTE: In res onse to Item 9. below "Alternatives to Direct Discharge", we believe that this
proposed river water collection and treatments stem is the most effective/only- alternative to treat this
river water before it reenters the river from which it on inated. We believe our proposed treament
system and it's footprint within the buffer will produce less of a water Quality impact than the other
treatment alternatives listed under Item 9.a. 9.b. and 9.c. below or anv other treatment method such
as settling ponds, basins etc. -- and will allow us to maintain a NO RISE condition for flood lain
Permitting purposes as our treatments stem is mobile/tem orar and not a permanent structure that
would change the hydraulics of the rivers stem.
f) How much of the volume discharged is treated (state in percent)? 100% of the water removed from
the sumo will be pumped through a filter bag and then released through a compost filter
sock before discharge into the buffer.
g) If any box in item (e) above, other than none, was checked, please include design specifics (i.e., design
volume, retention time, surface area, etc.) with submittal package. Existing treatment facilities should be
described in detail. Design criteria and/ operational data (including calculations) should be provided to
ensure that the facility can comply with the requirements of the General Permit, as required by 15A NCAC
02H .0127.
The treatment shall be sufficient to meet with the limits set by the general permits. The trapping efficiency
should be greater than 75%. The surface area should be as large as possible to insure sedimentation occurs.
To secure optimum efficiency the flow length of the basin to the basin width should have a ratio of 2:1.
Note: Construction of any wastewater treatment facilities requires submission of three (3) sets of plans and
specifications along with the application. Design of treatment facilities must comply with requirements of
15A NCAC 02H .0138. If construction applies to this discharge, include the three sets of plans and
specifications with this application.
7) Discharge Frequency: [Required by 15A NCAC 02H .0105 c I ]
a) The discharge is: ❑ Continuous ® Intermittent ❑ Seasonal
i) If the discharge is intermittent, describe when the discharge will occur: Instream sand mining
opeations are short term and intermittent operations as they are dependent on the
natural replenishment of the sand deposit in the river bottom that may take months
and are tvpicall_v low volume sand producers. Dischar a will only occur when sand is
being removed from the river in one mine section at a time as it is being stacked/
stockpiled beside the dra line. The ma'orin of river water within the sand stock ile
should drain out almost immediately and will be collected pumped, filtered and released
in a non -erosive manner into the buffer where it will eventually drain back into the river
from which it came as described in detail above. Once a mining section is mined the
sand stock ile will be removed by a rubber tired front end loader where the sand will be
Page 3 of 4 Revised 911113

NCG520000 New Application
loaded into haul trucks narked at the edge of the agricultural field outside of the river
buffer. Material will be hauled near the entrance to the site to be sorted/screened into
different sized products for sale. The mine is intermittent in that no mining will occur
while there is sufficient saleable sand stockpiles near the entrance. As saleable sand
stockpiles are depleted, sand removal within another one of the three desi mated 100 foot
wide mine sections will commence. Once mining of each of the three sections is
completed, the operator will have to wait an undetermined period of time for the river
sand to replenish in the river bottom before minin can resume in any of the three
designated mine sections. Thus mining will be accomplished on a rotational basis from
one mine section to another.
ii) If seasonal check the month(s) the discharge occurs: ❑ Jan. ❑ Feb. ❑ Mar. ❑ Apr. ❑ May ❑ Jun.
❑ Jul. ❑ Aug. ❑ Sept. ❑ Oct. ❑ Nov. ❑ Dec.
b) How many days per week is there a discharge? Approximately 1-2 days to remove sand from the
river and place it into temporarV stockpiles as noted above when any mine section is in
operation(mining related activities will likely be confined to Monday through Friday)
c) Please check the days discharge occurs: ❑ Sat. ❑ Sun. ® Mon. ® Tue. ® Wed. ® Thu. ® Fri.
8) Receiving waters: [Required by 15A NCAC 02H .0105(c)(1)]
a) What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility wastewater
discharges end up in? If the site wastewater discharges to a separate storm sewer system (4S), name the
operator of the 4S (e.g. City of Raleigh). South Fork of the Catawba River
b) Stream Classification: WS-IV
Page 4 of 4 Revised 911113

NCG520000 New Application
9) Alternatives to Direct Discharge:
[Evaluation required by G.S. § 143-215.1(b)(5)(a) and 15A NCAC 02H .0105(cgl]
Address the feasibility of implementing each of the following non -discharge alternatives
a) Connection to a Municipal or Regional Sewer Collection System
b) Subsurface disposal (including nitrification field, infiltration gallery, injection wells, etc.)
c) Spray irrigation
The alternatives to discharge analysis should include boring logs and/or other information indicating that a
subsurface system is neither feasible nor practical as well as written confirmation indicating that connection to a
POTW is not an option. It should also include a present value of costs analysis as outlined in the Division's
"Eneineerine Alternatives Anal rsis (EAA) Guidance Document".
Additional Application Requirements:
For new or proposed discharges, the following information must be included in triplicate with this
application or it will be returned as incomplete. Per 15A NCAC 02H .0105(c)
a) 7.5 minute series USGS topographic map (or a photocopied portion thereof) with discharge
location clearly indicated.
b) Site map, if the discharge is not directly to a stream, the pathway to the receiving stream must be
clearly indicated. This includes tracing the pathway of a storm sewer to its discharge point.
c) If this application is being submitted by a consulting engineer (or engineering firm), include
documentation from the applicant showing that the engineer (Or firm) submitting the application
has been designated an authorized Representative of the applicant; per 15A NCAC 02H
.0138(b)(1).
d) Final plans for the treatment system (if applicable). The plans must be signed and sealed by a
North Carolina registered Professional Engineer and stamped -"Final Design -Not released for
construction;" per 15A NCAC 02H .0139.
e) Final specifications for all major treatment components (if applicable). The specifications must be
signed and sealed by a North Carolina registered Professional Engineer and shall include a
narrative description of the treatment system to be constructed; per 15A NCAC 02H .0139.
Page 5 of 4 Revised 911113

NCG520000 New Application
CERTIFICATION
I certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Marc Marsh
Title: Owner, M. Marsh Farms, Inc.
(Please review 15A NCAC 02H .0106(e) for authorized signing officials)
(Signature ofApplieant)
North Carolina General Statute 4 143-215.6B provides that:
October 4, 2019
(Date Signed)
Any person who knowingly makes any false statement representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who
knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article;
or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required
to be operated or maintained under this Article or rules of the Commission implementing this Article, shall be guilty of
a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 18 U.S.C. Section
1001 provides a punishment by a fine or imprisonment not more than 5 years, or both, for a similar offense.
This application must be accompanied by a check or money order for $100.00 [per G.S. � 143_
215.3(a)(1b21 made payable to:
NCDENR
Mail this application and one copy of the entire package (with check) to:
NC DENR / DWR / Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: Charles Weaver
Final Checklist
This application will be returned as incomplete, as allowed by 15A NCAC 02H .0107(b}, unless all of the
following items have been included:
® Complete application with all supporting documents (plus one copy of entire package)
® Check or money order for $100.00, payable to NCDENR
® 3 copies of county map or USGS quad sheet with location of facility clearly marked on map
® 3 sets of plans and specifications signed and sealed by a North Carolina P.E.
® Thorough responses to items 1-10 on this application
® Alternatives analysis including present value of costs for all alternatives
Note: The submission of this document does not guarantee the issuance of an NPDES permit
Page 6 of 4 Revised 911113

LOd6L99XN1SEJNIMVH01(1L99XN) NOI1VHOlS3H ONV'JNINIWLLIWH3d1SWHVd HSHVIMMOQVOVI

October 4, 2019
To Whom It May Concern:
I, Marc Marsh, Owner of M.- Marsh Farms, Inc., and the Applicant for Coverage Under General Permit
NCG520000 for my proposed instream sand mining operation in Gaston County hereby authorize Tracy
E. Davis, PE, Owner/President of ATS Environmental Solutions, PLLC to serve as my authorized
Representative per 15A NCAC 02H .0138(b)(1).
Marc Marsh, Owner
M. Marsh Farms, Inc.
10-H-I`l
Date
RFOR ED
OCT 07 2019
DENR-LAND QUALITY
STORIAWATER PERMITTING

ENVIRONMENTAL
ATS SOLUTIONS
October 7, 2019 RECEIVED
Ms. Annette Lucas, PE OCT 07 2019
Stormwater Program Manager DENR-LAND QUALITY
Division of Energy, Mineral, and Land Resources STORMWATER PERMITTING
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: NPDES Application for Coverage Under General Permit NCG520000 RECEIVED
M. Marsh Farms, Inc. - Proposed Marsh Farms Sand Mine
Gaston County - Catawba River Basin OCT Q'8 2019
Dear Ms. Lucas: NCDEQIDWR/NPDES
On behalf of M. Marsh Farms, Inc., I hereby submit the attached NPDES Application for
Coverage under General Permit NCG520000 for a proposed instream sand mining operation to
remove sand from the South Fork of the Catawba River off Old Hardin Road in Gaston County.
While the permitted acreage at the site will be the property boundary of the 54.8-acre existing
sod grass farm, only 3.54 acres will be affected as part of the proposed mining operation. This
affected acreage includes sand removal from three locations in the river totaling 0.42 acre. The
mine layout has been designed to minimize impacts to the existing vegetative buffer along the
river, including installation and maintenance of a system to capture, treat and discharge river
water that drains from the sand once it is temporarily stockpiled on the river bank. This
stormwater/wastewater treatment process is described in detail in the attached NPDES
application and the attached mine plan sheets. We have also attached our $100 stormwater
permit application processing fee to initiate the review of our application.
Copies of the detailed mining permit application form and its attachments have been
filed separately with DEMLR's Mining Program for its review in issuing the mining permit. Your
staff may want to review this information as well as it provides additional details regarding the
proposed mining operation.
Thank you for your consideration. If you should have any questions regarding this
NPDES application package, please contact me at [phone].
4i:��ey,
avis,PE
resident
Attachments: $100 Stormwater Permit Application Processing Fee
NPDES Application for Coverage Under NCG520000 Package — 3 Copies

Denard, Derek
From: Tracy E. Davis, PE <[e-mail]>
Sent: Friday, December 13, 2019 12:41 PM
To: Denard, Derek; Weaver, Charles
Subject: RE: [External] Application for Coverage Under NCG52
Attachments: SAW-2019-01948.pdf, 2017NWP44.pdf, 20191350 Marsh DWR 401 Approval Letter.20191021.pdf,
Marsh 401 Certification.GC4139.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Thanks for your response, Derek.
I just wanted to let you know that we have applied for and obtained both the NW44 US Army Corps of Engineers permit
and have an approved Preliminary Jurisdictional Determination — see attached. Also, we have applied for and obtained
an approved DWR 401 Water Quality Certification — see attached.
These approvals were based upon the same maps that you have with no questions or issues. Our only pending permits
are the NCG52 from your agency and the Mining Permit from DEMLR. DEMLR routed the mining permit to several state
and federal agencies and DEMLR and the other agencies did not voice any concerns with the erosion and sedimentation
control plan/stormwater management measures as proposed on the mine plans you have except for a request from NC
Wildlife Resources to remove plastic netting and to use natural materials for any matting to be used (which we plan to
address on revised mine maps to send back to DEMLR when we finish addressing a few other minor clarifications).
We are hopeful that based upon the issuance of the attached COE NW44 and DWR 401 approvals and the upcoming
Mining Permit approval that no further studies or analysis is necessary to obtain coverage under the NCG52 — which
could be made contingent on compliance with these other approvals.
Please let me know if you have any questions or need additional information.
Thanks, Tracy
Tracy E. Davis, PE
Owner/President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
[e-mail]
[phone]
atsenvirosolutions.com
From: Denard, Derek
Sent: Friday, December 13, 2019 9:54 AM
To: Weaver, Charles; Tracy E. Davis, PE
Subject: RE: [External] Application for Coverage Under NCG52
Tracy,
Looking back at my notes. I was waiting to find out if this needs an EAA or not. I will let you know if it does.

Sincerely,
Derek C Denard
Environmental Specialist
Compliance & Expedited Permitting Unit
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
N. C. Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-----Original Message -----
From: Weaver, Charles <[e-mail]>
Sent: Thursday, December 12, 2019 4:56 PM
To: Tracy E. Davis, PE <[e-mail]>
Cc: Denard, Derek <[e-mail]>
Subject: Re: [External] Application for Coverage Under NCG52
Tracy - the application has been assigned to Derek Denard.
Derek - please let Tracy know where this one stands.
CHW
Messages sent to or from this address are subject to the North Carolina Public Records Law.
From: Tracy E. Davis, PE <[e-mail]>
Sent: Thursday, December 12, 2019 3:05 PM
To: Weaver, Charles
Subject: FW: [External] Application for Coverage Under NCG52
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
Hey, Charles, I hope you are doing well. I just wanted to check on an application for a NCG52 general NPDES permit for
instream mining that I filed in early October for my client, M. Marsh Farms, Inc. in Gaston County.
4

Can you give me an update on its status? It has been over 60 days since submittal.
Thanks so much,
Tracy
Tracy E. Davis, PE
Owner/President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
[e-mail]
[phone]
atsenvirosolutions.com

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01948 County: Gaston U.S.G.S. Quad: NC-Lincolnton East
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Marc Marsh & Melanie Marsh
Address: 180 Old Hardin Road
High Shoals, NC 28034
Telephone Number: 843-862-8873
E-mail: marc(a,turfconnections.com
Size (acres) 54.8422 Nearest Town Dallas
Nearest Waterway South Fork Catawba River River Basin Santee
USGS HUC 030501020504 Coordinates Latitude: 35.3964
Longitude:-81.1985
Location description: The project area is located 0.411 miles Southwest of the intersection of Holly Ridge Road and Old Hardin
Road in Gaston County. PIN: 197551.
Description of projects area and activity: This verification authorizes the impact of 300 linear feet of temporary impact to the
South Fork Catawba River and 0.42 acres of temporary impact to wetlands for excavation and dredging.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 44. Mining Activities
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 10/4/2019, and the enclosed plans Figure 9A & Figure 9B dated 9/1/2019. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a,usace.army.md.
Corps Regulatory Official: catk2e� igC119 Date: 11/14/2019
Expiration Date of Verification: 03/18/2022

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Action ID Number: SAW-2019-01948County: Gaston
Permittee: Marc Marsh & Melanie Marsh
Project Name: Sand Mining on South Fork Catawba River
Date Verification Issued: 11/14/2019
Project Manager: Catherine M. Janiczak
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Catherine M. Janiczak
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

SAW-2019-01948
Determination of Jurisdiction:
A. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the preliminary iurisdictional determination form dated 11/12/2019.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Atlas: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ca&z�
Catherine M. Jqoczak
Date of JD: 11/12/2019
Expiration Date of JD:Not applicable

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Marc Marsh & Melanie Marsh File Number: SAW-2019-01948
Date: 11/14/2019
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Admilstrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/14/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Marc Marsh & Melanie Marsh, 180 Old Hardin
Road,High Shoals, NC 28034
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sand Mining on South Fork
Catawba River, SAW-2019-01948
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located 0.411 miles
Southwest of the intersection of Holly Ridge Road and Old Hardin Road in Gaston County. PIN: 197551.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Dallas
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.3964 Longitude:-81.1985
Universal Transverse Mercator:
Name of nearest waterbody: South Fork Catawba River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/31/2019
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
11may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
S-1
35.392705
-81.199014
3173 linear feet
Non -wetland
Sec. 404
S-2
35.395342
-81.197921
1301 linear feet
Non -wetland
Sec. 404
S-3
35.391479
-81.196975
1281 linear feet
Non -wetland
Sec. 404
W-1
35.389609
-81.196111
0.35 acres
Wetland
Sec. 404
W-2
35.392161
-81.198037
0.13 acres
Wetland
Sec. 404
W-3
35.393992
-81.196361
0.98 acres
Wetland
Sec. 404
W-4
35.394893
-81.196863
0.06 acres
Wetland
Sec. 404
W-5
35.392137
-81.196754
0.28 acres
Wetland
Sec. 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative orjudicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 5 (Dated October 1st, 2019)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 (Dated October 1st, 2019)
® National wetlands inventory map(s). Cite name: Figure 4 (Dated October 1st, 2019)
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 8 (Dated October 1st, 2019)
® 100-year Floodplain Elevation is: 681 (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 5 (Dated October 11, 2019)_
or ®Other (Name & Date): Photolog (05/29/2019)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Water Resource Field Data Forms
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later Jurisdictional determinations.
Signature and date of lator-
staff member completing PJD
11/12/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

1 1 Photograph 5 .�
---� Photographs 1 & 6 a
Photograph 7 _
— ------
W-4 %
Photograph 8
�; tE x., •i . �y c i
t ♦ r
♦� , D-1
" Photograph 2 ♦�
j—
W-5
Photographs 9-12
S-3 . � • 'a
♦� .+�+` Photographs 14 &15 :
Photographs 3 & 4 ` W-1 r�
k :•'� Photograph 13 Qr�
0 125 250 375 500 + , r 4f:7W a -y,• �R + i s - + 4 _
Feet
Notes:
1. Aerial imagery reference: Esri, DigitalGlobe, GeoEye, Earthstar Photograph 16 ry y
Geographics, CNES/Airbus IDS, USDA, USGS, AeroGRID, IGN,
and the GIS User Community. Ai
2. Street shapefile accessed through the Geo Spatial Data
Gateway on 31 Jan. 2019 from the US Census Bereau.
3. The parcel boundary and powerline right of way were obtained t
from property survey completed by Tanner and McConnaughey, a■r
P.A. for Marc and Melanie Marsh. The survey was last revised j
on 20 February 2019.
4. Tree cutting will not be scheduled within the Northern Long D =Ditch
Earred Bat Pup Season (June 1 through July 31) as an added W =Wetland
protective measure. S =Stream
Legend
� Potentially Suitable Bat Tree (Note 4) Ephemeral Drainage Ditch w/ Herbaceous Stream/Wetlands Delineation Map
n Wetland Fringe M, Marsh Farms, Inc.
u Photograpic Locations Stream/River
Old Hardin Rd (State Rd 1812)
-• Limits of Disturbance (3.54 ac.) Stream w/ Herbaceous Wetland Fringe High Shoals, NC
= Parcel Boundary (Note 3) Herbaceous Wetland N ��c� ���
Powerline Right of Way (Note 3) r L� Forested Wetland y " Figure
Ephemeral Drainage Ditch cangu]tants
Charlotte, NC October 2019 5
P:\PRJ1\M\Marsh Farms\GIS\Wetland Delineation Map.mxd 10/2/2019 12:55:54 PM

wsa.>T o5e
zaFp=Q���"o �gJoso�� wa w pos�a ss �°ww�ap� °�
2�s
a�oQ���m
aww ozm E5m° o �p�m c m �3EQ�
<gEpaaw p°ovao
ma3�mg�° ww °°gpo<p�zoagyw�a
MH xsEsH,---w E
w 8 or�'m�E8a��no o3a— wr 5"uwir�EE w�pa3 Ewu 3¢LL'a 3a �z�
y w ° sp3s boo w.wa�
�porpomawm w3�m
� - 9 o�o ��'gxa 'uSo E~p'r�3pp�za �p��h WQrJ3o���0
i � pe o�z oaw�°przamopawow4°'zo per°p r xywpaxma
w oiaoz ovi 'x `�"gx a3ox o�z F�pp�przz3aYE�p o�zw�o
p�oo o�w 3gw �xwoS��a�o��a yg �y�Fapa�a��pao��w
ogz o�w €om ��°oE°�awmom �_��E�oom �pa�z�oa>�oo'
o >aa?5 aw�o�p'o� w o��3F�'m°Wpw�_>pwr�w�zo�oiw zc���mOp "a8 s
j iI
I I I
s�,gl�,lllii II% �a
a4m a4m
\�QR
„ vV � 1
5i A
c68
tz
Iz
8
U a w
O
15
--C>
30 /
gad

❑ � w � 3 � a w � � � � � � a � � F aw E ax go <�°;<
w s 8 g 8 a 5 3 w a 3 4 8a 4 g Up Ug o�ggpo'&
IIpo; g E goo
j
IP p°�y� ��mro�
I I I II II IIj o�g � � =°o p� apoo°3
I w I I IIj op� �g p�u�E�
�pawop
Mgr o °Fp as E¢a�
�aE EN '��S r z�E3.�n&
I
I
I
I
Ji
j
l I
/ I
1 I
I /
I
I I
II I
I 1
I I
I
I
I I
III II I
Z
�
d
r
m
ai
o
u rc
o
¢
W
N
O N
o
O
�
z�
i A �
❑
.tea
oU y�

NATIONWIDE PERMIT 44
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE
PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Mining Activities. Discharges of dredged or fill material into non -tidal waters of the United
States for mining activities, except for coal mining activities, provided the activity meets all
of the following criteria:
(a) For mining activities involving discharges of dredged or fill material into non -
tidal wetlands, the discharge must not cause the loss of greater than 1/2-acre of non -tidal
wetlands;
(b) For mining activities involving discharges of dredged or fill material in non -
tidal open waters (e.g., rivers, streams, lakes, and ponds) the mined area, including
permanent and temporary impacts due to discharges of dredged or fill material into
jurisdictional waters, must not exceed 1/2-acre; and
(c) The acreage loss under paragraph (a) plus the acreage impact under paragraph
(b) does not exceed 1/2-acre.
The discharge must not cause the loss of more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit
by making a written determination concluding that the discharge will result in no more than
minimal adverse environmental effects.
The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by
the NWP activity cannot exceed 1/2-acre.
This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) If reclamation is
required by other statutes, then a copy of the final reclamation plan must be submitted with
the pre -construction notification. (Authorities: Sections 10 and 404)

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Mi rg atory Bird Breeding Areas. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 of the Clean Water Act).
2

7. Water Supply Intakes. No activity may occur in the proximity of a public water
supply intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment
of water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be maintained for
each activity, including stream channelization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable
FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly
maintained, including maintenance to ensure public safety and compliance with applicable
NWP general conditions, as well as any activity -specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete
project. The same NWP cannot be used more than once for the same single and complete
proj ect.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status,
3

unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
hllp://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the name(s) of the endangered or threatened species that
fl

might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity "may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of
receipt of a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect" on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the
district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at hM2://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Mi rg atory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
5

birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, the activity is not authorized, until the requirements of
Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation
under section 106 may be necessary. The respective federal agency is responsible for fulfilling
its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of, or potential for, the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required
when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historic properties affected, no
adverse effect, or adverse effect. Where the non -Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that
NHPA section 106 consultation has been completed.
0

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. If NHPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section I l0k of the NHPA (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
7

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for
all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity -specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre -construction notification,
the district engineer may determine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form
of minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity, such as discharges of dredged or fill
9

material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Mana eg ment. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
10

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE project"), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the
11

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
"no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work
cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWP, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
12

Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river'' (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
13

supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal
14

individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than
1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
15

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).
16

DEFINITIONS
Best management practices BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
17

Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the

primary source of water for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
19

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWP authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water
20

surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds,
and wetlands.
21

FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT -
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time ofpublication. However, the Wilmington
District Regulatory Program web page addresses, as with other agency web sites, may change
over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re -direct pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the "Permits " section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
22

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Pre -Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
http://www. saw.usace. army.mil/Missions/RegulatoryPermitProgram/AgencyCoordinati on/ESA.a
Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone]:
Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
23

Raleigh, NC 27636-3726
Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
IOC (15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page:
http://rel2orts.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%20Environmental%20Qualily&lookUpError=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
hgps://deg.nc. gov/about/divisions/water-resources/planning/classifi cation-
standards/classifications
Permittees who do not have internet access may contact the Corps at (910) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (LAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403, [phone] or Washington Field
Office — 2407 West 5th Street, Washington, NC 27889, [phone]).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version of NCWAM can be
24

viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
https://ribits.usace.anny.mil/ribits_apex/f?p=107:27:0::NO:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Watersheds:
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany
Jackson
Burke
McDowell
Balsam Depot
Ashe
Macon
Buncombe
Mitchell
20830 Great Smoky
Avery
Swain
Caldwell
Polk
Mountain Expressway
Graham
Transylvania
Cherokee
Rutherford
Waynesville, NC 28786
Haywood
Watauga
Clay
Surry
Telephone: [phone]
Henderson
Wilkes
Madison
Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
Telephone: [phone]
25

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro rg am/Agenc -
Coordination/Trout/.
**If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI land)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
26

Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World Wide Web page:
hqp://www.saw.usace.army.mil/Missions/Re ug latoa-Permit-Pro rg am/Agency-
Coordination/Desi gnated-Special-W aters. aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case -by -case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
27

NWPs that do not have specific notification requirements. If a NWP has specific notification
requirements, the requirements of the NWP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the impacts of complying with this Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be

sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring flows should be determined from gage data, if available. In the absence of such data,
bank -full flow can be used as a comparable indicator.
In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (LAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
Culvert
treambed
MaterlalI
12 Inches
T
Invert
Rise
{Diameter}
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
29

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance of the existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
allowed only to receive bank -full flows.
Approach HL
Roadway
Baie! Strea
m
Blockage Bottom
Culvert buried
below streambed
to appropriate
depth (if required).
3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full.
3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing
sediment from an area closed to shell fishing where the effluent may be released to an area open
for shell fishing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made. Such notification shall also be provided to the
appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand
30

should be used and no dredged sand from closed shell fishing areas may be used. If beach
disposal were to occur at times other than stated above or if sand from a closed shell fishing area
is to be used, a swimming advisory shall be posted, and a press release shall be issued by the
permittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP
48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream Banks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure
31

needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
hqp://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAVgusace.army.mil
3.13 Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
32

(1) A permittee using a NWP must check to see if their project is located in the range of
the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas
on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
hqp://www.fws.gov/asheville/htmis/project review/NLEB_in WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a PCN to the District Engineer, and receive written
authorization from the District Engineer, prior to commencing the activity, if the activity
will involve gny of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that
the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the percussive
activities will not occur within 0.25-mile of a red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of bat use, OR;
33

located in a red HUC, but the activity will NOT include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; aM
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: http://www.saw.usace.anny.mil/Missions/Regulatory-Permit-Pro rg am/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #44 - Mining Activities
4.1.1 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the floodway* resulting in permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway means the area designated and/or regulated by Federal, state, or local
requirements to provide for the discharge of the base flood so the cumulative increase in water
surface elevation is no more than a designated height identified by the regulating entity within
the 100-year floodplain.
4.1.2 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.3 This NWP may not be used to authorize discharges of dredged or fill material into waters
of the United States that have been identified or designated by the State of North Carolina as:
High Quality Waters (HQW), including only SA, PNA, WS-I and WS-11 waters.
9M

Coastal Wetlands as defined by North Carolina's Coastal Area Management Act.
Wetlands adjacent to these HQW waters.
*NOTE: Definitions of HQW, SA, PNA, WS-I, WS-II waters and Coastal Wetlands can be
found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and IOC
(15A NCAC 02B, 15A NCAC IOC) and at the following World Wide Web page:
http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%20Environmental%20Qualily&lookUpError=l5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following link: https://deq.nc.gov/about/divisions/water-
resources/planning/classification-standards/classifications. Permittees who do not have internet
access may contact the Corps at (910) 251- 4633.
35

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Marc Marsh
180 Hardin Rd.
High Shoals, NC 28034
NORTH CAROLINA
Environmental Quality
October 21, 2019
DWR# 19-1350
Gaston County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Sand Removal Operation, Dallas Rd.
Dear Mr. Marsh:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated October 4, 2019, and
received by the Division of Water Resources (the Division) on October 4, 2019 and subsequent
information on October 14, 2019. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 4139 which can be
viewed on our web site at https:Hdeg.nc.gov/about/divisions/water-resources/water-resources-
Permits/wastewater-branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-
program The General Certification allows you to use Nationwide Permit Number 44 once it is
issued to you by the U.S. Army Corps of Engineers (COE). 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 300 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC
02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROHNA �
nroaronemor en"^o^'"a^'^'m.mi� /`� 704.663.1699

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
300 linear ft.
0 linear ft.
Wetland
0 acre
0 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of any basins discharging water back to
waters of the state. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200
7. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the 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].
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, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) 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 Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
EA
DocuSigned by:
44%tw f/ P44t4 for
F161FB69 MUAI..
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
County:
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR 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 Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
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 Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer 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 Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date

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)]
Page 3 of 11

GC4139
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.
Page 4 of 11

GC4139
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]
Page 5 of 11

GC4139
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 0413.01251
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)]
Page 6 of 11

GC4139
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)]
Page 7 of 11

GC4139
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.
Page 8 of 11

GC4139
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)]
Page 9 of 11

GC4139
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]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(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.
Page 10 of 11

GC4139
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.
Page 11 of 11

Mail - Denard, Derek - Outlook
RE: [External] FW: DRAFT Certificate of Coverage (COC) NCG520125 - MMarsh Farms,
Inc. -Marsh Farm Sand Mine
Denard, Derek <[e-mail]>
20 1:24 PM
To: Tracy E. Davis, PE <[e-mail]>
Cc: Marc Marsh <[e-mail]>
Tracy,
I can correct the consultant name. No problem.
I am waiting for a peer review, regional office comments and DWR public water review of the discharge to WS
waters. When I get these comments back by email, I will submit a final to my Supervisor.
Derek
From: Tracy E. Davis, PE <[e-mail]>
Sent: Thursday, March 12, 2020 11:41 AM
To: Denard, Derek <[e-mail]>
Cc: Marc Marsh <[e-mail]>
Subject: RE: [External] FW: DRAFT Certificate of Coverage (COC) NCG520125 - MMarsh Farms, Inc. -Marsh Farm
Sand Mine
CAUTION:
Thanks, Derek. Sounds good. One suggested change to the paragraph you plan to add: Can you take out my
firm's name and replace it with Geosyntec Consultants? They are the firm that compiled, signed and sealed the
mine maps.
Thanks so much for your time and assistance! Do you think the final version of the documents will go out this
week?
Tracy
Tracy E. Davis, PE
Owner/President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
tract'[e-mail]
[phone]
atsenvirosolutions.com
From: Denard, Derek
Sent: Thursday, March 12, 2020 11:15 AM
To: ir—a -c Y-L Davis, PE
Cc: Marc Marsh
Subject: RE: [External] FW: DRAFT Certificate of Coverage (COC) NCG520125 - MMarsh Farms, Inc. -Marsh Farm
Sand Mine
Tracey,
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1 /4

Mail - Denard, Derek - Outlook
The cover letter that I used is the standard cover for all COCs for general permit NCG520000. By the way, the cover
letter is not legally part of the permit.
I do agree that the second bullet should not simply say "sand dredging". It may be a generic term carried over
from a previous version of the permit or cover letter. I changed it to "to discharge in -stream sand mining
wastewater, associated stormwater and similar wastewaters" which is aligned with the language in the permit
title.
To be consistent with the standard cover letter for all COCs for this general permit, I'm not sure I want to change
the language in item 3. However, I will insert a paragraph reference as you described to the mine maps/site plans
as follows:
M Marsh Farms, Inc. will maintain measures to ensure the required 50-foot buffers protecting the
receiving streams are minimally impacted as shown on the mine maps last revised January 30, 2020 by
ATS Environmental Solutions, PLLC.
Sincerely,
Derek C Denard
Environmental Specialist
Compliance & Expedited Permitting Unit
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
N. C. Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tracy E. Davis, PE <[e-mail]>
Sent: Thursday, March 12, 2020 9:01 AM
To: Denard, Derek <[e-mail]>
Cc: Marc Marsh <[e-mail]>
Subject: [External] FW: DRAFT Certificate of Coverage (COC) NCG520125 - M Marsh Farms, Inc. -Marsh Farm Sand
Mine
to
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/4

Mail - Denard, Derek - Outlook
Derek,
Thanks for your email last night transmitting the draft COC and cover letter for our review. I do have a couple
clarifications to suggest for the cover letter as follows:
a. Under the second bullet in the cover letter, can you replace "for sand -dredging discharge" with "for in -
stream sand mining discharge"? Mr. Marsh plans to use a dragline (sand dipping) at first, then possibly
move to a hydraulic dredge later (sand dredging). The COC uses the terminology "To discharge in -stream
sand mining wastewater..." and the General Permit cover page first and third bullets use "in -stream sand
dredging/dragline operations". We just want to ensure compliance with the permit if a dragline is used.
b. Item 3 in the cover letter under DWR's conditional approval of the permit requires that M Marsh Farms,
Inc. "maintains facilities to ensure the required 50-foot buffers protecting the receiving stream." For
clarification, Mr. Marsh will have minimal impacts within the 50-foot buffer in the three proposed mining
sections as shown on the attached mine maps and outlined in the detailed construction sequencing. This is
an intermittent mining operation with only one of the three areas being temporarily impacted within the
buffer at any given time, each of which will be stabilized before moving to the next area as noted in the
mine maps. I would recommend that this statement be revised to read as: "3. maintains measures to
ensure the required 50-foot buffers protecting the receiving streams are minimally impacted as shown on
the mine maps last revised January 30, 2020;"
Per your request, I have attached a PDF of the complete set of the latest, signed/sealed mine maps for your files.
Again, thank you for the opportunity to review these draft documents and to offer these suggestions for your
consideration. Please let me know if you have any questions or need additional information. We look forward to
receiving the final signed cover letter, COC and associated documents in the near future.
Tracy
Tracy E. Davis, PE
Owner/President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
[e-mail]
[phone]
atsenvirosolutions.com
From: Denard, Derek
Sent: Wednesday, March 11, 2020 11:29 PM
To: ir—a -c Y-L Davis, PE
Cc: [e-mail]
Subject: DRAFT Certificate of Coverage (COC) NCG520125 - M Marsh Farms, Inc. -Marsh Farm Sand Mine
Mr. Davis,
Attached is a draft of the COC NCG520125 for coverage under NCG520000. Let me know if all the information is
accurate.
If the site plans submitted with the application are available electronically, could you please send them to me. We
were not able to scan the full sized plans into Laserfiche.
Sincerely,
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 3/4

Mail - Denard, Derek - Outlook
Derek C Denard
Environmental Specialist
Compliance & Expedited Permitting Unit
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
N. C. Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 4/4

From: Phillips, Emilv
To: Denard, Derek
Subject: RE: Peer Reviews
Date: Monday, March 23, 2020 10:52:55 AM
Thanks, looks good to me.
I know I never got in touch about the 52, but will run it by you this week. I have one comment, so this should be simple
to jut tweak the current one?
From: Denard, Derek<[e-mail]>
Sent: Wednesday, March 18, 2020 4:40 PM
To: Phillips, Emily <[e-mail]>
Subject: Peer Reviews
Emily,
Attached are a couple of permits for peer review. I have also shared a folder on my OneDrive so you can look at
the applications and such.
Thanks,
https://ncconnect-
my.sharepoint.com/:f./g/�ersonal/derek denard ncdenr_gov/E13LmHL2LDZKm4lsn5p7g0YBUtNsPXm6FfiMfu-
XTcaOu,g? email=Emily .Phillips %40ncdenr.gov&e=AURLf5
Derek Denard
Environmental Specialist
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
derek.denardOncdenr.aov
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Mail - Denard, Derek - Outlook
RE: Staff Report Request for NCG520125 permit application - Marsh Farm Sand Mine
Denard, Derek <[e-mail]>
Tue 3/31/2020 2:05 PM
To: Tuvia, Ori A <[e-mail]>
Thanks,
Derek
From: Tuvia, Ori A <[e-mail]>
Sent: Tuesday, March 31, 2020 10:56 AM
To: Denard, Derek <[e-mail]>
Cc: Basinger, Corey <[e-mail]>
Subject: RE: Staff Report Request for NCG520125 permit application - Marsh Farm Sand Mine
Good morning Derek,
Due to the permit being a general permit so I don't have any concerns.
Thank you,
Ori
From: Denard, Derek
Sent: Wednesday, March 11, 2020 5:11 PM
To: Tuvia, Ori A <[e-mail]>
Subject: Staff Report Request for NCG520125 permit application - Marsh Farm Sand Mine
Ori,
Attached is a draft of the COC for general permit NCG520000 that I believe is in one of your counties. The
application is also attached. If it is not yours, please forward to the appropriate staff. An email is fine for a staff
report. Let me know if the regional office is ok with it before we issue. Please try to respond by 3/25/2020 (two
weeks). If you need to do a field visit, we can give it more time.
Thanks,
Derek C Denard
Environmental Specialist
Compliance & Expedited Permitting Unit
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
N. C. Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1 /2

Mail - Denard, Derek - Outlook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

Mail - Denard, Derek - Outlook
RE: Review of Discharge to Surface Waters Designated Water Supply (WS) - New
application NCG520125
Cook, Clinton <[e-mail]>
Mon 4/13/2020 3:25 PM
To: Denard, Derek <[e-mail]>
Cc: Hahn, Mark L <[e-mail]>
You are welcome to forward my comments if you believe it appropriate.
Thanks,
Clint
Clinton O. Cook, PE
Regional Engineer
Division of Water Resources — Public Water Supply Section
North Carolina Department of Environmental Quality
704 663 1699 office
704 663 6040 fax
[e-mail]
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Denard, Derek
Sent: Monday, April 13, 2020 2:30 PM
To: Cook, Clinton <[e-mail]>; Kaufman, Tammy <[e-mail]>
Subject: Re: Review of Discharge to Surface Waters Designated Water Supply (WS) - New application NCG520125
Clinton,
Thanks for the comments. According to the application I do not believe they are planning on using any
polymers. The general permit NCG520000 is up for renewal. Would you like for me to send your
comments to the reviewer for the general permit.
Sincerely,
Derek Denard
Environmental Specialist
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1 /3

4/13/2020 Mail - Denard, Derek - Outlook
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Cook, Clinton <clinton.cook@ncdenngov>
Sent: Monday, April 13, 2020 11:30 AM
To: Denard, Derek <[e-mail]>; Kaufman, Tammy <[e-mail]>
Subject: FW: Review of Discharge to Surface Waters Designated Water Supply (WS) - New application NCG520125
Mr. Denard and Ms. Kaufman,
I appreciate the opportunity to review the subject draft NPDES permit and have included my response below in
bold to satisfy the new paperless standards.
I concur with issuance of the above permit as I have no appreciable expertise in implementation of the Clean
Water Act requirements and have minimal understanding of the information provided. As a result, I have no
basis for opposing the permit.
Nevertheless, if polymers are used for coagulants, coagulant aids or flocculants at the facility, it is recommended
that measures be taken to minimize the levels of acrylamide and/or epichlorohydrin that are discharged to the
river. (The Town of Dallas withdraws raw water from the river for potable use approximately 7 miles downstream
of the facility.)
If you have any questions or need any additional information, please let me know.
Thanks,
Clint
Clinton O. Cook, PE
Regional Engineer
Division of Water Resources — Public Water Supply Section
North Carolina Department of Environmental Quality
704 663 1699 office
704 663 6040 fax
[e-mail]
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Denard, Derek
Sent: Wednesday, March 11, 2020 11:17 PM
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/3

Mail - Denard, Derek - Outlook
To: Cook, Clinton <[e-mail]>
Subject: Review of Discharge to Surface Waters Designated Water Supply (WS) - New application NCG520125
Clinton,
Please find the attached memo request form for M Marsh Farms, Inc. sand dredging operation in WS-IV waters.
The draft permit is also attached.
If you have any questions, please let me know.
Thanks,
Derek C Denard
Environmental Specialist
Compliance & Expedited Permitting Unit
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
N. C. Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 3/3

ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
March 11, 2020
To: Clinton Cook [clinton.cook(cncdenr.gov]
NC DEQ / DWR / PWS Regional Engineer
Mooresville Regional Office
From: Derek C. Denard, Environmental Specialist
DWR / NPDES / Expedited and Compliance Permitting
Central Office, Raleigh (919-707-3618)
Subject: Review of Discharge to Surface Waters Designated Water Supply (WS)
■ South Fork of the Catawba River [11-129-(10.5)], WS-IV,
03-08-35 [I UC: 030501020504] Catawba River Basin
■ General Permit NCG520000 Sand Dredging Operations Wastewater Discharge COC
for: New application NCG520125 for certification of Coverage (COC) under NCG520000
M Marsh Farms, Inc. — Marsh Farm Sand Mine
Gaston County
Please provide your comments by March 25, 2019 [email OK]
RESPONSE:
I concur with the issuance of this permit provided the Permittee properly operates and
maintains the facility; the Permittee meets the stated effluent limits prior to discharge; and the
discharge does not contravene the designated water quality standards.
I concur with issuance of the above permit provided the following conditions are met:
I oppose the issuance of the above permit based on reasons stated below, or attached:
Signed: Date: cc: file
D EQ7> North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA ��
De"rh tofEnvi—m°"taiu°';;'%,� 919.707.9000

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Marc Marsh
M Marsh Farms, Inc.
2434 Brocks Mill Road
Cheraw, SC 29520
Dear Mr. Marsh:
In accordance with your application for di
this Certificate of Coverage to discharge u
the requirements of North Carolina's Gene
North Carolina and the US Environmental
amended).
The following information is uded wit]
• a copy of the ate o n
• a copy of Permit N
• a copy o clinical Bulle for
The Division o Resourc
NORTH CAROLINA
Environmental Quality
prage (COC) NCG520125
i"f1_1Z1)nnnn
ces (DWR) hereby forwards
sue this permit pursuant to
�of Agreement between
rms. subsequently
permit, provided that M Marsh Farms, Inc.:
implements lWaintains industry -accepted Best Management Practices (BMPs);
operateoLponds 3hd treatment systems to meet all water -quality standards considering a discharge to
stream classified WS-IV waters' -
maintains facilities to ensur the required 50-foot buffers protecting the receiving stream; and
uses only those chemicals p�ously approved by DWR [flocc/pams list].
any parts, measurenjWrequencles or sampling requirements contained in this general permit are
Lcceptable, you havM right to request an individual permit by submitting an individual permit
ation. Unless s mand is made, the certificate of coverage shall be final and binding.
Ple that t ificate of Coverage is not transferable except after notice to the Division of Water
Reso ton may modify or revoke and reissue this Certificate of Coverage. This permit does not
affect the uirements to obtain other permits which may be required by the Division of Water
Resources o y other Federal, State, or Local governmental permits that may be required.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA
oePenmamore�momaia�si� /`� 919.707.9000

If you have any questions concerning this permit, please contact Derek C. Denard at telephone number
[phone] or email (derek.denard(&,ncdenr.gov).
Sincerely,
S. Daniel Smith, I
Division of Water
NPDES General Permit Files [LaserFiche]
MRO / Corey Basinger [[e-mail]]; Ori
Andrew Pitner [andrew.pitner&cdenr.gov]
Marc Marsh, M Marsh Farms, Inc. [marcAturfconnection
Tracy E. Davis, PE[tracy.davisgatsenvirosolutions.com]

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
General Permit NCG520000
Certificate of Coverage NCG520125
To discharge in -stream sand mining wastewater, associated stonnwa#W simikstewaters
under the
NATIONAL POLLUTANT DISCHARGE I
(NEDES)
TION SYSTE _N
In compliance with the provisions of North Carolina Geneial Statute 143-215.er lawful standards and
inAaggement
regulations promulgated and adopted by the North Carolina Environmen Commission, and
the Federal Water Pollution Control Act, as amended,
M Marsh Farms, Inc.
is hereby authorized to discharge wastewater from a facility +1cated at
NLirsh Farm Sand Mine
180 Old Hardin Road, Dallas
Gaston C my
to receiving Ovate designate11
rk of thKatawba River [stream segment [11-129-(10.5)], a
waterbody currently classifi S-IV within Subbasin 03-08-35 [HUC: 030501020504] of the Catawba
t limitations, monitoring requirements, and other conditions set
eral Permit NCG520000, as attached.
in in effect for the duration of the General Permit.
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission

�,-- -• - , � asp � - \ ,�IN
J.
-
>�--�..:
�� � rya •, ,es�\ ' ' i
Old Hardin Rd�
V J 0,5
ISM
Site Boundary
1 xU o�
ISM"/- �_ . �- Outfall 001
J p [flows southeast]
_ � J - -- / �•1 f\ Jam. � �, ' `�
-n, 5 /
ire
TIS
—�, South Fork Catawba River
[flows southeast]
i 7 +
FCoWight:© 2013 Nation I Geb raphie So�i� , i-tubeWIN
d
General Permit COC NCG520125
M Marsh Farms, Inc. - Marsh Farm Sand Mine
180 Old Hardin Rd, Dallas 28034
Receiving Stream: South Fork Catawba River Stream Class: WS-IV
Stream Segment: 11-129-(10.5) Sub -Basin #: 03-08-35
River Basin: Catawba HUC: 030501020504
County: Gaston
N
1:15,000,000
35.38880 N,-81.19580 W
SCALE
1:24,000 USGS Quad: Lincolnton E, NC

General Pennit NCG520000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG520000
TO DISCHARGE IN -STREAM SAND MINING WASTEWATER, ASSOCIATED STORMWATER AND SIMILAR
WASTEWATERS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to
all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of
a Certificate of Coverage issued from the Environmental Management Commission to allow the
discharge of wastewater and stormwater in accordance with the effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III and IV hereof.
Coverage under this permit is applicable to:
• Ancillary water associated with in -stream sand dredging/dragline operations and similar operations.
• Stormwater outfalls associated with in -stream sand mining. A stormwater general permit should be
obtained for any separate stormwater discharges not directly related to in -stream sand mining
operations.
• In -stream sand dredging/dragline operations where the permittee has obtained written authorization
from the property owner to conduct permitted sand dredging activities.
This permit shall become effective October 1, 2015.
This permit shall expire at midnight on July 31, 2020.
y,
. ay Zimmerman Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 17

General Permit NCG520000
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on August 1, 2015 and lasting until expiration, the Pelmittee is authorized
to discharge from outfall(s) numbered serially beginning with 001. Such discharges shall be limited and
monitored during sand dredging operations by the Permittee as specified below:
EFFLUENT '
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Weeldy
Daily
Measurement
Sample
Sample
Average
Average
Maximum
Frequency
Type2
Location
Flow
Semi-annual
Estimate
Effluent
Turbidit 3
1. Effluent is defined as "runoff' from sand dredging operations and/or discharge from the retention
pond (s).
2. The permittee shall make every effort to estimate the semi-annual flow requirement during times of
operation (if operational during the calendar year).
3. The discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to
exceed:
• 10 NTU streams, lakes and reservoirs designated as trout waters
• 25 NTU all lakes, reservoirs and all salt waters
• 50 NTU all other streams and surface waters
If the turbidity exceeds these levels because of background conditions, the discharge cannot cause any increase
in the turbidity of the receiving water.
Submittal of monthly Discharge Monitoring Reports (DMRs) shall not be required except upon demand by the
Division. This section supersedes the requirement for submitting monthly Discharge Monitoring Reports
(DMRs) specified in Part, Section D (2) of this permit. Even though the submittal of the monthly monitoring
reports to the Division is suspended, all monitoring requirements remain. The data will be maintained on site
for a period of three years.
The applicant will be required to monitor regularly for flow and those parameters limited in Section 2
above with sufficient frequency to ensure compliance with the permit conditions. Frequency, methods
of sampling, and report dates will be specified in the final permit.
Sand Dredging discharges to Primary Nursery Areas (PNA) waters of the State are prohibited
Sticks, leaves and other debris removed on shore shall not be returned to surface waters.
The peimittee shall operate the facility and use sound management practices to ensure that impacts to the
surface waters are minimized.
Page 2 of 17

General Permit NCG520000
The permittee shall operate the facility and use best management practices to ensure that stream banks are
stabilized, and dredging equipment must be maintained in a manner to prevent petroleum leaks and spills.
The permittee shall install warning signs, one on each side of the river, a short distance upstream of the
sand dredging operation to wain canoeists and other recreational water users of the operation. The signs
should include the following wording in 2 to 3 inch high white letters on a red background:
CAUTION: SAND MINING OPERATION AHEAD
CRANES, FLOATS AND/OR SUBMERGED CABLES ACROSS RIVER.
BEACHING ON OR ACCESS TO SAND DREDGING SITE IS PROHIBITED.
Visibility of the signs should be maintained as necessary. In addition, the permittee may wish to post a
"No Trespassing" sign on their equipment so that it is visible when they are not operating, such as on
weekends and evenings after 5:00 pm.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
PART I
SECTION B. SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of
Coverage.
2. Peimittee shall at all times provide the operation and maintenance necessary to operate the existing
facilities in accordance with Part II.C.2 of this permit.
SECTION C. APPLICABLITY
This permit is applicable to the following types of discharges:
1. Wastewater from in -stream sand mining operations using dredging, dragline or similar equipment.
This wastewater is typically from sand piles deposited on the bank or from settling ponds.
2. Stormwater associated with the in -stream sand mining operations. This stormwater is typically
runoff from sand piles or stormwater, which accumulates in the settling ponds. Stormwater outfalls
that do not naturally drain to settling ponds or other mining operations should not be diverted to
comingle with wastewater. If the stormwater outfalls are separate and distinct from the mining
operations, a stormwater general permit should be obtained.
3. Point source discharges of wastewater from in -stream sand mining operations (typically
dredging/draglines) as stated in 15A NCAC 2H .0103 (18) and any other discharge of similar
characteristics as decided by the Division. Incidental stormwater associated with the sand mining
activities, i.e. stormwater which comes into contact with sand piles or drains to settling ponds.
Page 3 of 17

General Permit NCG520000
4. Discharges covered by this General permit are located at any place within the political boundary of
the State of North Carolina (discharges located on the Cherokee Indian Tribal Reservation are
subject to permitting by the US Environmental Protection Agency and are not covered by this
General Permit).
5. All surface waters of the State of North Carolina or separate storm sewer systems conveying water to
surface waters.
6. Discharge will consist o£
• Surface or groundwater discharged from an in -stream sand mining operation (typically
dredging/draglines) and similar wastewaters as decided by the Division.
• Stormwater associated with the sand mining operation. For example, natural runoff from
sand piles or entering settling ponds. Separate and distinct stormwater discharges from other
parts of the mining site will be regulated under an additional stormwater general permit.
There are no additives or pollutants discharged by this type of facility. The Division's primary
concerns are suspended solids and turbidity in the receiving stream caused by the dredging
action.
7. This type of facility typically has settling ponds or lagoons to lower the settleable solids and
turbidity levels of the wastewater.
SECTION D. NOTICE OF INTENT
General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them
after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to
submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a
renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the
renewed general permit [15A NCAC 02H .0127(e)]. A current version of the NOI for this general permit can be obtained
by contacting the NPDES Permitting Program at (919) 80776300 or can be downloaded from the internet at
littp:Hportal.ncdenr.org/web/wq/swp//ps/npdes/calendar. NOIs roust be signed and submitted to the NPDES Permitting
Program 1617 Mail Service Center, Raleigh, NC 27699-1617. Applicants who have submitted a completed NOI are not
authorized to discharge until a Certificate of Coverage is issued. In general, the NOT shall include the following
information:
1. The mailing address and telephone number for the owner and/ or operator
2. The facility name, address and telephone number where the discharge will occur.
3. The permit number of any NPDES permit(s) for any discharge(s) from the site.
4. A description of the discharge, including the number of discharge points, the volume of discharge, the
frequency of discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification (s).
6. An analysis of non -discharge alternatives, including connection to a regional sewer collection system,
subsurface disposal and spray irrigation.
7. A 7.5 minute series USGS topographic map with the discharge location clearly indicated.
8. Final plans and specifications for the treatment system and all major components (if applicable).
9. A certification that the information contained in the NOI is true, complete and accurate.
Page 4 of 17

General Permit NCG520000
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
Page 5 of 17

General Permit NCG520000
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal- size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Page 6 of 17

General Permit NCG520000
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe propeLty damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The aritlnnetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act; is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
Page 7 of 17

General Permit NCG520000
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part ILC.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33
USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from
any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75
et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Properly Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
Page 8 of 17

General Permit NCG520000
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(11)].
9. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
enviromnental compliance with enviromnental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for enviromnental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
U certify, under penalty of lain, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted Based on nzy inquiry of the person or persons ivho manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am ativare that there are significant penalties fore
submitting false information, including the possibility offznes and imprisonment for knowing violations. "
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
Page 9 of 17

General Permit NCG520000
11. Permit Modification, Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, miles, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. at.
12. Annual Administering; and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit, and/or the Certificate of Coverage issued to the
permittee under this permit.
Page 10 of 17

General Permit NCG520000
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator hi Responsible Charge (ORC) who possesses a valid certificate of the type and grade
at least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or
designating at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are frilly responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
Page 11 of 17

General Permit NCG520000
The Pennittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c, of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Pennittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Pennittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Pennittee submitted notice of the upset as required in Part II.E.6 of this permit.
(4) The Permittee complied with any remedial measures required under Part ILB.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Pennittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
Page 12 of 17

General Permit NCG520000
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. MonitorinLy and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forams approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
Page 13 of 17

General Permit NCG520000
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retails records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
£ The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Page 14 of 17

General Permit NCG520000
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ILD.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this.permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
Page 15 of 17

General Permit NCG520000
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part ILE.5 and 6. of this permit at the
tone monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.l (a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
Page 16 of 17

General Permit NCG520000
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
Page 17 of 17

GENERAL PERMITS - NEW
NCG520000
CHECK LIST
Facility: Marsh Farms, Inc.
Permit No.: NCG520125
NPDES Permit Writer: Derek Denard
Received
❑ Updated BIMS Events [Drafting Initiated] Date: 03/04/2020
❑ Created Outfall in BIMS Date: No access to BIMS
❑ EAA Review Date: Asked Sergei in February. He said sand dredging didn't need EAA review.
❑ Add Info Request/Received: Received e-mailed Tracy E. Davis, PE[[e-mail]] 12/13/2019. Includes
SAW-2019-01948.pdf; 2017NWP44.pdf; 20191350 Marsh DWR 401 Approval Letter.20191021.pdf; Marsh 401
Certification.GC4139.pdf
❑ Water Supply (WS) Review: Sent 03/11/2020. Comments received from Clinton Cook PWS Section-MRO 04/13/2020
❑ Proof Read for Peer Review: 03/11/2020.
❑ Peer Review: Submitted to Emily Phillips Date: 03/18/2020
❑ Peer Review completed by Emily Phillips. Date: 03/23/2020
❑ Draft Emailed to Regional Staff. ori.tuvia&cdenr.gov /Contractor: /Applicant: Tracy E. Davis, PE
[[e-mail]] /Applicant: [marcAturfconnections.com] 03/11/2020
❑ Regional Review Received [email or Staff Report] / Completed by Ori Tuvia Date: 03/31/2020
❑ Proof Read for Final 04/14/2020 FINAL to John for signature in DocuSign [date] 04/14/2020
❑ FINAL returned Date: 04/30/2020
❑ FINAL w/ signatures [Laserfiche] No access FINALS to SharePoint [General Permits Folder] Date 05/14/2020
❑ FINAL Updated BIMS OutfaIVEvents No access to BIMS
❑ Emailed FINAL PDFs Date: 05/12/2020 to [County Health, Applicant, Contractor, other] according to letter footer
Please See Attachment J Approval of Electronic Transmittals_20200513_2p
ec: NPDES General Permit Files [Laserfiche]
MRO / Corey Basinger [corey.basinger&cdenr.gov]; Ori Tuvia [ori.tuvia&cdenr.gov];
Andrew Pitner [andrew.pitner&cdenr.gov]
Marc Marsh, M Marsh Farms, Inc. [[e-mail]]
Tracy E. Davis, PE[tracy.davisgatsenvirosolutions.com]

61J[lf IN11
Mail - Denard, Derek - Outlook
[External] RE: Certificate of Coverage (COC) NCG520125 - M Marsh Farms, Inc.
Tracy E. Davis, PE <[e-mail]>
Wed 5/13/2020 2:22 PM
To: Denard, Derek <[e-mail]>; Marc Marsh <[e-mail]>
Cc: Basinger, Corey <[e-mail]>; Tuvia, Ori A <[e-mail]>; Pitner, Andrew
<[e-mail]>
• ick nts end all suspicious email as an attachment
to [e-mail]
Mr. Denard,
On behalf of Mr. Marc Marsh of M Marsh Farms, Inc., this email confirms that electronic transmission is
acceptable and that we have received the documents you attached to your original email, opened them, and have
printed and saved them in order for M Marsh Farms, Inc. to continually refer to and comply with the terms and
conditions of this general stormwater permit related to his intermittent instream sand mining operation in Gaston
County.
Thank you very much for your assistance in this matter.
Best regards,
Tracy
Tracy E. Davis, PE
Owner/President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
[e-mail]
[phone]
atsenvirosolutions.com
From: Denard, Derek
Sent: Tuesday, May 12, 2020 4:56 PM
To: Marc Marsh: Tracy E. Davis, PE
Cc: Basinger, Corey; Tuvia, On A; Pitner, Andrew
Subject: Certificate of Coverage (COC) NCG520125 - M Marsh Farms, Inc.
Mr. Marsh,
Please find the attached certificate of coverage NCG520125, General Permit NCG520000, and the
Technical Bulletin for General Permit NCG520000.
In order to provide more convenience, control, and security to our permittees and assist them in
processing their transactions, The Division of Water Resources is currently transitioning towards
electronic correspondence. This will hopefully provide more efficient service to our permittees
and other partners and will allow us to more effectively process and track documents. We are
writing to ask you for your approval of the transmittal of documents related to your permitting
https://outlook.office365.com/mail/inbox/id/AAQkADdhYTVmZDBILTE5ZDctNG15MC04ZjliLWU4MjVhZTBhMmJkMgAQAPTgVFGOTKhFserDbCAEXF... 1 /2

6'iJ[WIN11
Mail - Denard, Derek - Outlook
and related activities with the Division in an electronic format. Documents will be emailed to the
appropriate contact person(s) in your organization in a PDF format.
Please respond to me through email with verification that transmittal of your documents in an
electronic manner is acceptable to you.
Also please respond to this email confirming that you received the attached document(s), were
able to open and view the document(s) and have saved/printed a copy for your records.
If you have any questions, please feel free to contact me.
Sincerely,
Derek Denard
Environmental Specialist
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919 707 3618 office
919 707 9000 main DWR
[e-mail]
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
https://outlook.office365.com/mail/inbox/id/AAQkADdhYTVmZDBI LTE5ZDctNG15MC04Zjli LWU4MjVhZTBhMmJkMgAQAPTgVFGOTKh FserDbCAEXF... 2/2