20052066 Ver 4_Approval Letter_20070413

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 13, 2007
DWQ Project # OS-2066 Ver.4
Currituck County
Mrs. Louise I. Hanson
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills, NC 27948
Subject Property: Corolla Bay, Phase I
Off NC Hwy. 12 South of Currituck Lighthouse
Pasquotank River Basin
Approval of 401 Water Quality Certification with Additional Conditions and
APPROVAL of Isolated Wetlands Permit
Dear Mrs. Hanson:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.1268 acre
of jurisdictional wetlands and 0.41acres of isolated wetlands in order to construct roadways and
wastewater treatment plant at the subject property, as described within your application dated March 8,
2007 and received by the Division of Water Quality on March 13, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3627. The Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US
Army Corps of Engineers (USAGE). Also, we have determined that this fill is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
Also, this 401 approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Isolated
Wetlands Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or
unless otherwise rescinded by the Director of the Division of Water Quality.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Permit and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Permit
and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]~~One
Washington, NC 27889 FAX [phone] V ~ hCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycledf10°h Post Consumer Paper atura!!~

Mrs. Louise I. Hanson
Page 2 of 3
April 13, 2007
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream feet
404/CAMA Wetlands 0.1268 (acres
Isolated Wetlands 0.41 acres
Waters (acres)
Buffers (s uare ft.
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, acid maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
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 the attached

Mrs. Louise I. Hanson
Page 3 of 3
April 13, 2007
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Permit and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Permit, shall expire upon
expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of
the Division of Water Quality.
If you do not accept any of the conditions of this Permit (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This Permit and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under the Clean Water Act and Isolated
Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please
telephone Roberto Scheller in the DWQ Washington Regional Office at 252-948-3940.
mcerely,
For ~ Alan W. Klime~ ____
Enclosures: IW GP100000
GC# 3627
Certificate of Completion
cc: USACE Washington Regulatory Field Office
DWQ Raleigh Central Office
DLR Washington Regional Office
File Copy
Central Files
Filename: V4 OS 2066

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (113) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
North Carolina as amended and other lawful standards and regulations, including
15A NCAC 2H .1300 and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts I, II, III, IV, V,. VI and VII of this General Permit
Number One.
This General Permit shall become effective on September 1 Q, 2003.
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Kimek, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

This General Permit is issued in conformity with-the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
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.
Conditions of Permit:
I. Totaling Impacts and Application Requirements:
A. Application Thresholds -Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 1/3 of an acre
require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of I-95 and
1/10 of an acre west of I-95 require written notification to and approval by the
Division of Water Quality;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands
jUWL) shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling and Reporting of Impacts:
1. Isolated Streams -Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or

profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes and Ponds -Impacts to isolated waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the
entire project for all impacts proposed regardless of which 404 Nationwide.
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands -Impacts to isolated wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary wetland
impacts shall be enumerated on the entire project for all impacts regardless of
which 404 Nationwide Permits are used (if any). Any activity that results in a loss
of use of wetland functions including but not limited to filling, excavating, draining,
and flooding shall be considered wetland impacts. Impacts to wetlands shall
include activities that change the hydrology of a wetland.
D. Public Notice requirement - A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
Impacts to any stream length for streams regulated by the respective riparian buffer
rules in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules (Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 26.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0200.
All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require.
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 26. 0212 (WS-I), 26 .0213 (WS-II), 26 .0214 (WS-III) and 26 .0215 (WS-
IV). Only water dependent activities, public projects and structures with
diminimus increases in impervious surfaces will be allowed as outlined in those
rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the Isolated
Wetland General Permit can be processed. In addition, a 30 foot wide vegetative
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in

water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
II. On-Site Stormwater Management:
A. Additional site-specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case-by-case basis.
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when asite-specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
Alternative designs may be requested by the applicant and will be
reviewed on a case-by-case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater programs including appropriate local
programs are sufficient to satisfy this Condition as long as the stormwater
management plans meet or exceed the design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
1. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. Also, before any permanent building or other structure is occupied at the subject
site, the facilities (as approved by the Wetlands Unit) shall be constructed and
operational, and the stormwater management plan (as approved by the
Wetlands Unit) shall be implemented.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.

III. Compensatory Mitigation:
A. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds ith
streams classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear,
publicly-funded transportation project, which has a 150-foot per-stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, compensatory mitigation may be
required for impacts to 150 linear feet or more of streams andlor one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal
to or exceeding 150 feet per stream may require mitigation. In addition, buffer
mitigation may be required for any project with Riparian Area Protection Rules (Buffer
Rules) in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any use of this General Permit.
The most current design and monitoring protocols from DWQ shall be followed and
written plans submitted for DWQ approval as required in those protocols.
When compensatory mitigation is required for a project, the mitigation plans must
be approved by DWQ in writing before the impacts approved by the Permit occur,
unless otherwise specified in the approval letter. The mitigation plan must be
implemented andlor constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Infernal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re-alignment of streams, a stream relocation plan must be
included with the General Permit application for written DWQ approval. Relocated
stream designs should include the same dimensions, patterns and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), The
new channel should be constructed in the dry and water shall not be turned into the
new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel. A smaller buffer may be allowed on asite-specific basis by DWQ.
A transitional phase incorporating coir fiber and seedling establishment is allowable.
Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it
is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any hydraulic calculations used to determine the
extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-
site, then stream impact will need to be mitigated elsewhere. if stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be
impractical. Design and placement of culverts including open bottom or bottomless
arch culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in aggradation, degrzdation or
significant changes in hydrology of wetlands or stream beds or banks, adjacent to or
5

upstream and down stream of the above structures. The applicant is required to
provide written evidence that the equilibrium shall be maintained if requested to do so
in writing by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the system
as well as prevent constriction of the floodway that may result in aggradation,
degradation or significant changes in hydrology of streams or wetlands;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual". If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
B. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site-specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General or

Individual 401 Water Quality Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to wetlands, waters or
buffers if required to do so in writing by DWQ. For road construction purposes, this Permit
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely
to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
VI. Compliance and Reporting:
A. If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
B. Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable. These mechanisms shall be put in place within 30 days
of the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
401/Vlletlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date of the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ.
E. Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of.this Permit for the project and may also result in criminal
and/or civil penalties.
F. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215.6C.
Cam, Thic permit may be m~difled, reynked ar+.d reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al.
I. The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
reissuance of the Permit to change the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.

J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
K. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.

WQC #3627
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
This General Certification 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 Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002 and WQC 3404 issued March 28, 2003. This WQC is
rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General
Permit 198200031 or when deemed appropriate by the Director of DWQ.
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.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning Structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.

WQC #3627
• Lakes and Ponds -Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whetherjurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 26 .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
5. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II),
26 .0214 (WS-III) and 26.0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements maybe added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when asite-specific stormwater management plan is
required.

WQC #3627
Alternative designs maybe requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina ,April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;

WQC #3627
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General

WQC #3627
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
1 S. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion farm to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover Letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it Is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
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Alan W. Klimek, P.E.
Director
WQC # 3627

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification or Buffer Authorization:
Certificate of Completion
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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ 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: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee 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
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'tidLnEP,
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http:!/h2o.enr.state.nc.us/ncwetlands/