20190814 Ver 2_Pre-Filing Meeting Request_20201120

ID#* 20190814
Version* 2
Regional Office* Winston-Salem Regional Office - [phone]
Reviewer List* Sue Homewood
Pre -Filing Meeting Request submitted 11/20/2020
................................................................................................................................................................................................................................................................................................................
Contact Name * Lauren Norris -Heflin
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
[e-mail]
Shallowford
Paul Holst
Guilford
Street Address
3514-B Drawbridge Parkway
Address Line 2
aty
Greensboro
Fbstal / Zip Code
27410
Is this a transportation project?* r Yes r No
State / Province / Region
NC
Country
USA
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
r- Individual Permit r- Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Please list all existing project ID's associated with this projects.*
DWR # 20190814; SAW-2018-01810
Do you know the name of the staff member you would like to request a meeting with?
Sue Homewood
Please give a brief project description below.*

In addition to this electronic submission, agency consultation was
initiated with the USACE and DWR via email on 11/19/2020.
We need to request a permit update for the site know as Shallowford
(fka Point at Elon), SAW-2018-01810, DWR #20190814 (see
attached). Upon finalization of project plans, it was determined the
original proposed bridge is not practicable due to safety requirements
and costs. In order to safely and affordably cross the stream,
including allowing for a required sidewalk, a culverted crossing will be
required.
The original permit included 98 linear feet (If) of permanent stream
impacts to Stream A and a bridged crossing of the stream flowing
generally north/south through the site.
Impact Maps are still in progress, but it is anticipated that the update
will eliminate impacts to Stream A, maintain the same or (if possible)
reduce wetland impacts, and increase permanent impacts to the main
stream to approximately 132-ft.
Please give a couple of dates you are available for a meeting.
11 /25/2020
11 /30/2020
12/1 /2020
12/7/2020
12/9/2020
Please attach the documentation you would like to have the meeting about.
2018-01810 NWP 29 and 18 Tearsheet.pdf 3.9MB
20190814 Ver 1—Approval
2.33MB
Letter 20200128.pdf
pdF only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 11/20/2020

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01810 County: Alamance U.S.G.S. Quad: NC-Gibsonville
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: The Point at Elon, LLC
Attn: Paul Holst
Address: 3514B Drawbridge Parkway
Greensboro, NC 27410
Size (acres) —41.32 Nearest Town Elon
Nearest Waterway UT to Dry Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.115923 N,-79.506115 W
Location description: The project area is located on the east side of Shallowford Church Road, approximately 0.25 mile north of
its intersection with NC Highwav 100 (University Drive), in Elon, Alamance County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 98 linear feet
of stream channel (associated with a rin ran dissinater nad) and 0.384 acre of rinarian non-riverine wetlands, and the
temporary discharge of fill material into 0.006 acre of riparian non-riverine wetlands, necessary for the installation of access
and infrastructure for The Point at Elon residential subdivision. This proiect will also result in the indirect reduction in
wetland function via partial loss of hvdrologv to an additional 0.2 acre of riparian non-riverine wetlands.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments; NWP 18. Minor discharges
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 8/8/2019 (received via email 8/15/2019), and additional/revised information
received via email on 12/12/2019 and 1/17/2020, and the enclosed plans Sheet No. EX-1, EX-2, C-406, C-407, C-600A, and email
received 1/17/2020. 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 (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
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 David E. Bailey at [phone] X 30or David.E.Bailev2(a,usace.armv.mil.
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
Date: 2020.03.02 13:06:04
-05'00'
Date: 03/02/2020

SAW-2018-01810
SPECIAL CONDITIONS
In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2. No temporary or permanent impacts to Dry Creek (Tributary 1) are authorized by the corps of
Engineers for this development:
a. "Street A" must completely span Dry Creek (Tributary 1) with a bridge (see Sheet No. EX-
1, EX-2, C-407, and C-600A).
b. Underground utilities that cross Dry Creek (Tributary 1) must be installed through
trenchless methods such as by jack and bore or horizontal directional drill (see attached
email received 1/17/2020).
3. Please note that future impacts and/or phases of The Point at Elon/Shallowford development
project and related activities associated with Corps Action ID: SAW-2018-01810 will be
considered part of a single and complete project; these impacts will be considered cumulative with
impacts permitted during earlier phases regarding compensatory mitigation and Nationwide
Permit thresholds. Current cumulative impacts to aquatic resources for this single and complete
project include permanent impacts to 98 linear feet of stream channel (not considered a loss of
waters) and 0.384 acre of wetlands. This amounts to a total loss of potential waters of the US of
0.384 acre.
Date:
2020.03.02
Corps Regulatory Official: 13:05:49-05'00' Date: 03/02/2020
Expiration Date of Verification: 3/18/2022
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://cop2smapu.usace.army.mil/cm_apex/f?p=136A:0.
Copy furnished:
Perry Isner, Wetlands & Waters, Inc. 4108 LB Propst Drive, Conover, NC 28613
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

Compensatory Mitigation Responsibility Transfer Form
Permittee: The Point at Elon, LLC, Attn: Paul Holst Action ID: SAW-2018-01810
Project Name: The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance Co. County: Alamance
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.384
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.968
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility, was included with the preconstruction notification.
• The wetland credits required correspond to 0.384 acre of direct permanent impacts at a 2:1, and 0.2 acre of
indirect partial loss of wetland function impacts at 1:1.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Date: 2020.03.02
13:05:36-05'00'
USACE Project Manager Signature
03/02/2020
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil

NOTE:
ALL INFRASTRUCTURE IMPROVEMENTS ARE COMPLY
/ WITH TOWN OF ELON STANDARD DETAILS AND
/ SPECIFICATIONS.
Wetland Impact Table
Impact ID
Impact Area (ac)
A (W 1)
0.090
B (W2)
0.045
C (M)
0.229
D (W4)
0.020
T.A. (W5)
0.005
T.B. (W6)
0.001
O- -
M Stream Impact Table
Impact ID Impact Area (LF
/ z A (S 1) 98
�
i
____ -_ JAMES BRYANT CABLE
SCALE 1 "=40' \ H DCHURCR. — — — —
/0 40' 80' D.B. 87, PG. 660 — — — -
ZONED: NR
BUFFER IMPACT TABLE
ZONE 1 IMPACT
(10,385 SF)
ZONE 2 IMPACT
(7,800 SF)
SITE AREA BREAKDOWN
IMPERVIOUS WITHIN PUBLIC RIGHT-OF-WAYS = 2.50 AC
TOTAL COMMON AREA = 14.27 AC
MAX IMPERVIOUS ON EACH LOT:
LOT # IMPERVIOUS AREA (SF) LOT # IMPERVIOUS AREA(SF)
1 5271 11 5280.76
2 4500 12 5281.65
3 4500 13 4573.35
LEGEND
PARCEL BOUNDARY
LOT LINE
SETBACK
CONC. SIDEWALK
4
4500
14
4528.8
5
4500
15
4570.65
6
5100
16
4685.4
7
5577
17
5938.2
8
4519
18
6603.75
9
4815
19
4537.8
10
4977
20
5246.1
— - -
LOT #
IMPERVIOUS AREA (SF)
LOT #
IMPERVIOUS AREA(SF)
LOT #
IMPERVIOUS AREA (SF)
2700
21
2799
31
2789
41
22
2827
32
2771
42
2780
23
2731
33
3150
43
2908
24
3468
34
3147
44
2782
25
4500
35
3150
45
2711
26
4500
36
3150
27
4500
37
2700
28
4185
38
2952
29
3112
39
3480
30
3268
40
2700
TRACT "A"
(NOT PART OF THI
DEVELOPMENT
NR ZONING
REQUIREMENTS
• MINIMUM LOT SIZE
= 6,000 SF
• MAX LOT SIZE
= 10,000 SF
• MINIMUM LOT WIDTH AT BUILDING LINE
= 60 FT
• MINIMUM PUBLIC ROAD FRONTAGE
= 20 FT
• MINIMUM OPEN SPACE PRESERVATION
= 10%
• MAX IMPERVIOUS SURFACE
= 45%
• MAX PRINCIPAL BUILDING HEIGHT
= 35 FT
• MAX ACCESSORY BUILDING HEIGHT
= 26 FT
LOT WIDTHS
-60 FT WIDTH
12 LOTS (48.0%)
-70 FT WIDTH
12 LOTS (48.0%)
>80 FT WIDTH
1 LOT (4.0%)
BUILDING SETBACKS
• MINIMUM FRONT YARD SETBACK
= 10 FT
• MAX FRONT YARD SETBACK
= 25 FT
• SIDE SETBACK FOR PRINCIPAL BUILDING
= 8 FT
• SIDE & REAR SETBACK FOR
ACCESSORY BUILDING
= 3 FT
• CORNER LOT SETBACKS
-SIDE YARD ALONG LOCAL STREET
= 10 FT
-SIDE YARD ALONG MINOR THOROUGHFARE
= 15 FT
-SIDE YARD ALONG MAJOR THOROUGHFARE
= 20 FT
• REAR SETBACK FOR PRINCIPLE BUILDING
= 25 FT
• REAR SETBACK FOR ACCESSORY BUILDING
ALONG ALLEY
= 15 FT
20' PUBLIC STORM
CONC. EASEMENT L=130.17,
►EWALK - / /
TYP) \ �- SAN-_ _ /
SAIV
/ c9� 26 BUILDING SETBACK
LINE (TYP) /
10 000 SF �/ 0)�`L COMMON
AC)
A
25 L= 48'
°0 1000 /
/
Mom' 0 SF 20' PUBIC STORM
\ �A\ • EASEMENT
R48'
SR ZONING
REQUIREMENTS
• MINIMUM LOT SIZE
= 10,000 SF
• MAX LOT SIZE
= 15,000 SF
• MINIMUM LOT WIDTH AT BUILDING LINE
=75 FT
• MAX FRONT YARD ENCROACHMENT
=12 FT
• MINIMUM PUBLIC ROAD FRONTAGE
= 25 FT
• MINIMUM OPEN SPACE PRESERVATION
= 10%
• MAX IMPERVIOUS SURFACE
= 40%
• MAX PRINCIPAL BUILDING HEIGHT
= 35 FT
• MAX ACCESSORY BUILDING HEIGHT
= 26 FT
X61ISTA19111a,
-75 FT WIDTH
10 LOTS (50.0%)
-85 FT WIDTH
10 LOTS (50.0%)
>95 FT WIDTH
0 LOT (0%)
BUILDING SETBACKS
• MINIMUM FRONT YARD SETBACK
= 25 FT
• MAX FRONT YARD SETBACK
= NONE
• SIDE SETBACK FOR PRINCIPAL BUILDING
= 10 FT
• SIDE & REAR SETBACK FOR
ACCESSORY BUILDING
= 10 FT
• CORNER LOT SETBACKS
-SIDE YARD ALONG LOCAL STREET
= 25 FT
-SIDE YARD ALONG MINOR THOROUGHFARE
= 30 FT
-SIDE YARD ALONG MAJOR THOROUGHFARE
= 45 FT
• REAR SETBACK FOR PRINCIPLE BUILDING
= 25 FT
• REAR SETBACK FOR ACCESSORY BUILDING
ALONG ALLEY
= 20 FT
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91.00, co
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7,000 SF `-I I �i
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NEW TREE LINE 10 PRIVATE 42 L=3g 82 7,151 SF I I `�HAIICA I 24" STOP BAR �/
STORM EASEMENT I I ,
32.76 60.00' I I AC�SS*LE`� T_g' TYP W/ STOP SIGN I 1 O ce J
70.00'
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` ' I Wetland Impact Table I I ` \ \ \ \ \ ` `\ I I 1 i - AK_D C-402 FOR HGL
1. RETAINING 1/1/ALLS TO BE DESIGNED BY OTHERS AN S L fE / IS CHART.
REVIEWS,AND APPROVED BY THE TOWN OF CON INSPEC S n Impact ID Impact Area (ac)
DEPARTMENT. A (W 1) 0.090 - ��
L
2 AZL TERIALS ANp CON TRUCTION METHODS SHALL BE PER THE / ' B (W2) 0.045
LATEST EDITION OF TOWN OF�LON SPEC�F-ICATIONS AND DETAILS. C (W3) 0.22g
-�/
/ /moo- \ - - / D (W4) 0.020
I 3� \ -B ILTS OF THE STRUCTURAL STORMWATER CONTROL MEASURE 7 / / \ \ ` \ \ \ I I I 1 / 1 1 1 l \ 1 I / _ , ,
I T THE CITY,OF 66RLINGTON PRIOR TO THE CITY / T.A. (W5) 0.005
/ I \- RE'LASING 'THE T ' / / T.B. (W6) 0.001 ' - _ , I 1 I I I 1
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INViN: F;56.03 ,�' / / / / \ \ / /' 60.54YOF 3 K MP/' //' ,'/ ,' ,' 6' L X 13 \1/ \i/ \1/ // / 4 / / / /' LU
IN Vo : 655.76i , / / fNV' '6 .50 / / I HI �{ \i/ \1/
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PAD = 662 / / _ / / /' d / \I, d \ _ _ _ -0.20 ac TOTAL � ' , � � , / / / / / � // / , ' � , \li \li � � / / ' / / � , / cn DATE
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/ , Dso- / ,P , , , R19'-RAP PI SIPAT d I J / / / 'RECOMM%DEB �� DESIGNED BY
/Impact A (W5) \1/ \I �/ \l, \l, \l, ,\l, / / _ _ _ / , r 5 ^/ i / 22' L X 6' WX 22" THICK d /� ' ,' / / FFE �651,0� [2� •
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PAD - 661 ' ' ' / ,' Temporary Wetland , , / / , , _/�'�, 1 \I/ \I/ , f9,If�-R�4PA1 SI /
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\,PAD = 659 \ \ / \ \ - - - - _ - - , / / 5' THICK SS 20' ONE (TY) ' / r��TP�AP _ _ - '_ - \ I ~
1 \ \ \ Wetland Im act B W2 B / /W D 24' 11 T KN`ESs, =
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6 \ ` \ i \ ` / / / I /
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SWA1` E (TYP) / 1 1 I 1 \ I PAD = 655,5' I PAID = 654,6 / I I I TO / / / / / / / , r- r T /A z z O
AD 653. I TOP OF WA 50 / , / / / - CR
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Bailey, David E CIV USARMY CESAW (USA)
From: Perry Isner <perryisner@wetland s-waters.com>
Sent: Friday, January 17, 2020 3:00 PM
To: Homewood, Sue
Cc: Bailey, David E CIV USARMY CESAW (USA)
Subject: Re: [External] RE: [Non-DoD Source] The Point at Elon s/d, 2018-01810 (Shallowford),
revisions/additional information
David and Sue, the utilities that are co -located within the proposed span location will be jack -and -bored so as to not
disturb jurisdictional features.
Let me know if you have any questions. Thanks!
On Fri, Jan 17, 2020 at 10:41 AM Perry Isner <[e-mail] <maiIto: perryisner@wetlands-
waters.com> > wrote:
Sue and David, see attached for the profile of the proposed span.
Let me know your thoughts. Thanks,
On Tue, Jan 7, 2020 at 9:26 AM Perry Isner <[e-mail] <maiIto: perryisner@wetlands-
waters.com> > wrote:
Sue, haven't heard anything back from the engineer regarding the profile of the proposed span.
On Mon, Jan 6, 2020 at 1:43 PM Homewood, Sue <[e-mail]
<mailto:[e-mail]> > wrote:
Just checking in to make sure I'm not missing any follow-up emails/documents on this one?
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]<mailto:[e-mail]>
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
-----Original Message

Action ID Number: SAW-2018-01810
Permittee: The Point at Elon, LLC (Attn: Paul Holst)
County: Alamance
Project Name: The Point at Elon / Fixed Point Homes / Shallowford Church Road / Elon / Alamance Co.
Date Verification Issued: 03/02/2020
Project Manager: David E. Bailey
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: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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

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 9/17/2018. Action ID: SAW-2018-01810.
ii�''" Date: 2020.03.02 13:04:55
Corps Regulatory Official:-05-00-
David E. Bailev
Date of JD: 9/17/2018 Expiration Date of JD: Not applicable

ROY COOPER
Govern
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
The Point at Elon LLC
Attn: Paul Holst
3514-B Drawbridge Parkway
Greensboro NC 27410
NORTH CAROLINA
Environmental Quality
January 28, 2020
DWR # 20190814
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Point at Elon Shallowford Site
Dear Mr. Holst:
You have our approval for the impacts listed below for the purpose described in your application dated June 10,
2019, received by the Division of Water Resources (Division) June 17, 2019, and with subsequent information on
August 15, 2019 and December 13, 2019. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 18 and 29 once they are issued to you by the U.S. Army Corps of Engineers. Please
note that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and
the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general conditions of
the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H
0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
98 (linear feet)
0 (linear feet)
404/401 Wetlands
Site W1
0.090 (acres)
0 (acres)
Site W2
0.045 (acres)
0 (acres)
Site W3
0.229 (acres)
0 (acres)
Site W4
0.020 (acres)
0 (acres)
Site W5
0 (acres)
0.005 (acres)
Site W6
0 (acres)
0.001 (acres)
North Carolina
Winston Salem It4 �DepiC,a14Y1Fent j_ Environmental Quality � Division of Water Ito' ir4' e(Ac
x c � 450 W. Hanes Mill It47ad `"quite 300 � Winston Salem, North Carolina it (:1.05

The Point at Elon LLC
DWR# 20190814
401APPROVAL
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on
the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities
and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2)
and (c)(2) and 15A NCAC 02H .0507 (c)]
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility
lines or other development related activities within this subdivision will require a modification of this 401
Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
5. The proposed project must comply with the Town of Elon local water supply ordinance approved by the N.C.
Environmental Management Commission (EMC) as required under the Jordan Lake Water Supply Watershed:
Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) 15A NCAC 02B .0267.
The permittee shall report to the Winston Salem Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. 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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar
days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at
[phone] for information. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along
with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed
transmission.

The Point at Elon LLC
DWR# 20190814
401APPROVAL
Page 3 of 3
Mailing address for the OAH:
ending via US Postal Service: ending via delivery service (UPS, FedEx, etc):
'ice of Administrative Hearings 'ice of Administrative Hearings
14 Mail Service Center 11 New Hope Church Road
eigh, NC 27699-6714 leigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue
Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
466ED631098F411...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Perry Isner, Wetlands and Waters (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

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.
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Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026.0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 046 .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
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8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 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)]
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Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
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13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 026 .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
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20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
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27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
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.
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5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
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