20110797 Ver 1_Approval Letter_20111019

~~~
~~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
October 19, 2011
Carolina Power & Light DB/A Progress Energy Carolinas
c/o Mr. Richard Brown
100 East Davie Street
Raleigh NC 27601
Dee Freeman
Secretary
New Hanover County and
Brunswick County
DWQ Project #: 11-0797
Subject Property: Cape Fear River Underground Transmission Crossing
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brown:
You have our approval, in accordance with the attached conditions to impact 2.12 acres of wetlands (1.92 acres of 404
wetlands and 0.2 acres of isolated wetlands) to directionally drill two electric transmission lines under the Cape Fear
River and to construct associated transition stations at 2452 River Road in Winnabow, NC (Brunswick County) and at
431 l River Road in Wilmington, NC (New Hanover County) as described in your application received by the N.C.
Division of Water Quality (DWQ) on August 23, 2011. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3642 (GC 3642). This Certification can also be
found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use the Regional
General Permit #198000291 (GP 291) when issued by the U.S. Army Corps of Engineers and the CAMA permit when
issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and stormwater regulations. Also, the royal to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your applicati ~„~, re upon expiration of the 404 or
r ,;
CAMA Permit.
°° ..
=a ~ ~ :.
This approval is for the purpose and design that you described rm ~ uC~~p~el' ti If you cl~angt J t, you
,;~
must notify us and you may be required to send us a new apphcat n df;4„ " r sol .,the new o " n must be
given a copy of this Certification and approval letter and is thereby resporisi ~ 1 ditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear felt o
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approva r o
.~'
follow the conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
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
404/401 Wetlands 1.92 acres Pa e 2 DCM Field Investi ation Re ort
Isolated Wetlands 0.20 acres Pa e 2 DCM Field Investi ation Re ort
NothCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Seroicel-877.623-67 ~%t/atl(rQ~~lf
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal OpporfunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

2
Cape Fear River Underground Transmission Crossing
New Hanover & Brunswick Counties
2011-0797
2. Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement as evidenced by the EEP acceptance
letter dated May 10, 2011, submitted via email. on September 26, 2011. Until the EEP receives and clears
your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in
this Authorization Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into the fund. You have 60 days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into the
NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation River and Sub-basin Number
Re uired
404 & Isolated 2.12 acres (non-riparian) Cape Fear 03030005
Wetlands
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 CAMA Major application. 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. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
5. Erosion Control
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 dev~,(~es<+~,h.~ri~a~:maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, m~lu~ii~Ig~,oi~tact~(~ownsd or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control rrtrq$ inus3 j~e designed, installed, o'pg~ta'd,
and maintained in accordance with the most recent version ofd Nom! ~'~t~4r4a Su~ace~Llinin~
`~,
~_
Manual. ~-~ .
d. The reclamation measures and implementation must comply with the reclamation in ache
the requirements of the Sedimentation Pollution Control Act;
6. NPDES Construction Stormwater General Permit (NCGO10000)
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources
(DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General
stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing construction activities as

~3
Cape Feaz River Underground Transmission Crossing
New Hanover & Brunswick Counties
2011-0797
stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction
projects that disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A
copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm;
7. No Impacts Beyond Those Approved
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 404/401Permit Application. 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;
8. 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 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 Certification 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 Certification shall expire upon expiration of the 404 or CAMA
Permit. If you do not accept any of the conditions of this Certification (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 certification 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 Section 401 of the Clean Water Act. If you have any questions,
please telephone Ian McMillan in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWQ
Wilmington Regional Office at 910-796-7215.
Sincerely,
`_(
:'~,
~~ --. ~" ~
f!;Sttllins~:RirecLor ~
of Watex'(~ual~ `~
~'
,.
t %~
Enclosures: GC 3642
Certificate of Completion
cc: Buzz Bryson - Progress Energy Carolinas
Doug Huggett -DCM Morehead City
Robb Mairs - DCM Wilmington
Heather Coats -DCM Wilmington
Dave Timpy - USACE Wilmington Field Office
Ian McMillan -Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO

WQC #3642
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT) OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS
198000291 198000048 198700056197800080 197800125 and1982002T7 AND
NATIONWIDE PERMIT NUMBERS 3.12,14. 18.27, 29.33, 35, 39. and 43. WHEN APPLIED
TO CAMA PERMITS. AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March
18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional General Permits 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 conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section ldri ~1r~~~ any
request for written concurrence fora 401 Water Qu Certificatioh's3 inc8 the
appropriate fee. If a project also requires a CAMA. m~; ~Ae ayment to°~~l~I ,
agencies shall be submitted and will be the higher of (he`'~wo,ii~~~,,~' ,fee stilt"be
collected and distributed between the two agencies in accort~arii~i~!~ cements ~
reached between the Division of Water Quality and the Division of y
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 1501inear feet or more of streams and/or one acre or more of
wetlands. 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. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public

WQC #3642
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
5. 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;
6. Impacts to any stream length in the Neuse and Tar-Pamlico 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 from DWQ in accordance with
15A NCAC 26.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional 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 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. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. 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;
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;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWO that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWD or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.

WQC #3642
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
~, ,~
Alan W. Klimek
Director
WQC # 3642

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 OversightlExpress Permitting 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
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
~~
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e'., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED AND
OTHER NON-404 JURISDICTIONAL WETLANDS AND WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
AND OTHER NON-404 WETLANDS, LESS THAN
TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF
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 and
other non-404 wetlands, isolated streams or other isolated waters in accordance with the
conditions set forth in this General Permit.
This General Permit shall become effective on October 31, 2008.
This Generai Permit shall expire at midnight on October 31, 2013 or unless otherwise rescinded
or until deemed appropriate by the Director of the NC Division of Water Quality (DWQ).
Coleen H. Sullins, Director
DfVision of Water Quality
ray, Authority of the
NC Environmental Manag~~-leat Cairiiis~on
i /:
'/
:~'
I`
1 /
;.

State General Permit N°. IWGP1OOOO0
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 and other non-404 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 wilt 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.
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Gluality (the "Division"):
I. Isolated stream and/or buffer impacts:
a. Any impacts to isolated perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HOW), or
Outstanding Resource Water (ORW) watersheds. Only water-dependent activities,
public projects, and structures with diminimus increases in impervious surfaces will be
allowed as outlined in those rules [15A NCAC 2B .0212 through .0215]. All other
activities require a variance from the delegated local government and/or the NC
Environmental Management Commission before the application for the 401 Water Quality
Certification can be processed.
b. Any impacts to isolated streams and buffers in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 26 .0200]),
unless the activities are listed as "EXEMPT" from these Rules-
c. Any impacts to isolated streams involving excavation or dredging.
d. Total isolated stream impacts equal to or greater than 150 linear feet of intermittent
and/or perennial stream to be filled, culverted, rip rapped, or relocated, including
temporary and/or permanent impacts.
II. Impacts to isolated lakes and ponds (temporary or permanent):
a. Equal to or greater than one-third (1/3) of an acre
III. Impacts to isolated and other non-404 wetlands (temporary or permanent):
a. Equal to or greater than one-third (1/3) of an acre east of I-95
b. Equal to or greater than one-tenth (1/10) of an acre west of I-95
c. Any impacts to isolated and other non-404 wetlands adjacent to waters designated as:
ORW, SA, WS-I, WS-II, or Trout, or wetlands contiguous to waters designated as a North
Carolina or National Wild and Scenic River.
d. Proposed fill or substantial modification of any amount of isolated and other non-404
wetlands classified in accordance with 15A NCAC 26 .0101(e)(7) as Unique Wetlands
jUWL~
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources.
Totaling and Reporting of Impacts:
I. 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.
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP1OOOOO
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)
II. 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.
III. Isolated and Other Non-404 Wetlands -Impacts to isolated and other non-404 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. 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.
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, more than one (1)
acre of isolated and other non-404 wetlands, or more than one-third (1/3) acre of other isolated
waters in accordance with 15A NCAC 2H .1303. For impacts less than these thresholds, this
General Permit is applicable without additional Public Notice.
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.
Activities that are below the thresholds, or otherwise do not meet the criteria listed above
in this General Permit do not require written approval from the Division of Water Quality as
long as they comply with the Conditions of Certification listed below, including the
Stormwater Management Plan and Compensatory Mitigation conditions. If the project
requires a Stormwater Management Plan, but is otherwise below the written approval
thresholds, the applicant may provide a courtesy copy of the Pre-Construction Notification
along with a copy of the Stormwater Management Plan (and approval letter from the
appropriate locally delegated state program where applicable). Similarly, if collective
wetland impacts, including 404 and non-404 wetlands, are equal to or greater than one (1)
acre, compensatory mitigation is required (see attached examples "Wetland Impact Types
and Compensatory Mitigation). If the project requires a mitigation plan, but is otherwise
below the written approval thresholds for use of IWGP100000, the applicant may provide a
courtesy copy of the Pre-Construction Notification along with a copy of the mitigation
plan. If any of the following Conditions cannot be met, then written approval from the
Division is required, and may require an Individual Permit.
Conditions of Certification:
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP100000
No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Permit
No waste, spoil, solids, or fill of any kind shall occur in isolated and other non-404 wetlands,
isolated waters, or isolated riparian areas beyond the footprint of the impacts depicted in the
Pre-Construction Notification and authorized in the written approval from the Division,
including incidental impacts. 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.
2. Standard Erosion and 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:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS-I, WS-II, High Quality (HOW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 046 .0124) supercede all other sediment
and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP1OOOO0
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
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) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work 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 submittal to, and approval
by, the Division of Water Quality.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar-Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B .0233, .0259, .0250 and .0243, and 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. All buffer rule requirements,
including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide vegetative
buffer (high-density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 26
.0212 through .0215).
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP1OO0OO
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of total wetland
impacts, including all impacts to 404 and non-404 wetlands (see attached examples "Wetland
Impact Types and Compensatory Mitigation). For linear, public transportation projects,
impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HOW, Trout, WS-I and WS-II.
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
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in-lieu fee program or credit purchase from a mitigation
bank.
Finally, 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 public. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re-alignment of streams, a stream relocation plan must be included
for written Division 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), 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 appropriate erosion control matting materials and seedling
establishment is allowable. 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; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip-rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, aStormwater
Management Plan in accordance with the version of Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of Transportation
posted on the Division web site at the time of application shall be provided for any project that
meets both of the following two criteria:
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP1OOOOO
Requires a 404 Permit or Isolated Wetlands Permit (regardless of whether
written authorization is required by the Division), AND
Contains one or more drainage areas that are anticipated to have impervious
surface cover of equal to or greater than 24 percent. When drainage areas are
difficult to delineate or when a pocket of high density exists within a drainage
area, the Division shall use best professional judgment to apply the SMP
requirement as appropriate.
B. For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy this condition.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project 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.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
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.
Installation of culverts in wetlands must ensure continuity of water movement and be.
designed to adequately accommodate high water or flood conditions. 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 destabilization of streams or wetlands.
If site-specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head-cutting upstream, the Division will consider
alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. Additional site-specific conditions may be added to the written approval letter for projects
proposed under this General Permit in order to ensure compliance with all applicable water
quality and effluent standards.
15. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Permit is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
16. If this General Permit is used to access building sites, then all lots owned by the applicant
must be buildable without additional impacts to streams or wetlands. 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 the Division. For road
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP100000
construction purposes, this Permit shall only be utilized from natural high ground to natural
high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Vlletlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. When written authorization is required for use of this permit, upon completion of all permitted
impacts included within the approval and any subsequent modifications, the applicant shall
be required to return the certificate of completion attached to the approval. One copy of the
certificate shall be sent to the DWO Central Office in Raleigh at 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
19. This General Permit shall expire five (5) years from the date of issuance of the written
letter from the Division. 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 Permit.
20. The applicanUpermittee 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 the Division 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 the
Division may reevaluate and modify this General Permit.
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 Ouality 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.
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.
The permittee grants permission to DENR Staff to enter the property during business hours for
the purposes of inspections and compliance review.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Permit 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, if it is 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 wetland or downstream waters are precluded.
Isolated Wetlands General Permit (IWGP100000)

State General Permit N°. IWGP100000
Public hearings 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.
Effective date: October 31, 2008
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: This Isolated Wetlands General Permit replaces the Isolated Wetlands General
Permit (IWGP100000) issued on October 3, 2003. This General Permit is rescinded five (5)
years from the effective date or unless otherwise rescinded or until deemed appropriate by the
Director of the Division of Water Quality.
Isolated Wetlands General Permit (IWGP100000)