20200012 Ver 1_Jurisdictional Determination_20210205

Strickland, Bev
From: Mairs, Robb L
Sent: Friday, February 5, 2021 1:20 PM
To: Farley, Paul
Cc: Kimberlee Williams; Tom Athey; Homewood, Sue
Subject: RE: [External] Beach Bum Storage -Ocean Isle Beach
Attachments: IWGP100000 (2).pdf, SAW-2019-01539.pdf, SAW-2020-02128.pdf, 15a ncac 02b
.0231.pdf
Hey Paul,
Thanks for the email and your assistance yesterday. Based on the information LMG and the Corps of Engineers have
provided us, along with our on -site visit and assessment through the NC WAM manual, the DWR concurs with LMG's
assessment of the wetlands as a pocosin wetland. Pursuant to Session Law 2015-286, permit IWGP10000 (attached)
shall apply only to Basin Wetlands or Bogs, so as of right now we do not have a path forward for permitting impacts to
non -jurisdictional wetlands that are not "isolated", but the NC DWR's current rules under 15A NCAC 02B .0231 Wetland
Standards (attached) still apply.
Sue Homewood (cc'd) with the NCDWR out of the Winston-Salem office is up -to -speed on the new rules and how it
comes into play for the 401 program. I hope this helps and feel free to let us know if you need any further assistance.
Thanks again and I hope you enjoy your weekend.
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb. mairsa-ncdenr.gov
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Farley, Paul [mailto:[e-mail]]
Sent: Thursday, February 4, 2021 5:57 PM
To: Mairs, Robb L <[e-mail]>
Cc: Kimberlee Williams <[e-mail]>; Tom Athey <[e-mail]>
Subject: [External]

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Rob -thank you for meeting me at the Beach Bum Storage facility tract this afternoon. At that
meeting you and I reviewed the wetlands on the property and reported the findings afterwards with
Mr. Tom Athey. I would like to summarize my take on the results for future clarification.
To summarize, you determined that NC DWR retains jurisdiction over the remaining wetlands under
NC Water Quality Standards regulation. You confirmed that the wetlands would be classified as
"pocosin" rather than "basin." You explained that the only "basin" wetlands were considered
"isolated" and thus the wetlands cannot be impacted as there is currently no mechanism in place to
allow any such impacts.
Can you please review and let me know if the above assessment is accurate. I thank you again for
meeting on site. Also please let me know if you have any questions.
Thanks
Pau
Paul M. Farley I Senior Environmental Scientist
Land Management Group Environmental Consultants
3805 Wrightsville Avenue Suite 15 1 Wilmington NC 28403
Direct: 910.452.0001 x 1901 I Cell: 910.471.0507 \ Fax:
910.452.0060
2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01539 County: Brunswick County U.S.G.S. Quad: Ocean Isle Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address
Tom Athey
Beach Bum LLC
PO Box 79194
Charlotte, NC 28271
[phone]
tom atheypi(&Imail.com
Size (acres) 19.7 acres Nearest Town Ocean Isle Beach, NC
Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.90409
Longitude:-78.45051
Location description: This 19.7 acre site is located on the north side of NC 179 in Ocean Isle Beach, Brunswick County, NC.
(Parcel ID: 24300015)
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2

SAW-2019-01539
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Garv.H.BeecherA usace.armv.mil.
C. Basis For Determination: The wetlands on this site and the adjoining property were evaluated under the 2020
NWPR. A determination was reached by the Corps and the EPA that this wetland is no longer a Jurisdictional Water of
the US.
D. Remarks: A site visit was conducted by Mickey Sugg and Brad shaver (USACE) on November 25, 2020.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINa,USACE.ARMY. MIL

SAW-2019-01539
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by
BEECH ER.GARY.H.1052973208 BEECHER.GARv.H.1052973208
Corps Regulatory Official: Date: 2021.01.0512:08:56-05'00'
Date: January 4, 2021 Expiration Date: January 4, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http:Hcop2smapu.usace.army.mil/cm_apex/f?p=136 A:0.
Copy Furnished via e-mail to:
Consultant:
Paul Farley
Land Management Grou
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
pfarley(&hngroup.net

NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field notes.
A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
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Uplands — 8.3 ac (42%) .•
Wetlands — 11.4 ac (58%)
Data Point..;
L.\WETLANDS\2019 WETLANDS FILES\LMG19.108 --- N
NC 179 Russ -Gore Commercial Tracts, Erik Blowers\MAPS 0 150 300 600
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2016 NC One Map
NC 179 Russ Gore Property ;tLMG
Brunswick County, NC Figure 1. Section 404/401
LAND MANAGEMENTGROUP Wetland Delineation Map
Map Date: 01 /31 /2020 i DAVEY company
3805 Wrightsville Avenue from January 2020
LMG19.108 Wilmington, NC 28403
[phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02128 County: Brunswick County U.S.G.S. Quad: Ocean Isle Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address
Tom Athey
Beach Bum LLC
PO Box 79194
Charlotte, NC 28271
[phone]
tom atheypi(&Imail.com
Size (acres) 10.8 acres
Nearest Waterway Intracoastal Waterway
USGS HUC 03040208
Nearest Town Ocean Isle Beach, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.90409
Longitude:-78.45051
Location description: This 10.8 acre site is located on the north side of NC 179 in Ocean Isle Beach, Brunswick County, NC.
(Parcel ID: 24300015)
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2

SAW-2020-0212R
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Garv.H.BeecherA usace.armv.mil.
C. Basis For Determination: The wetlands on this site and the adjoining property were evaluated under the 2020
NWPR. A determination was reached by the Corps and the EPA that this wetland is no longer a Jurisdictional Water of
the US.
D. Remarks: A site visit was conducted by Mickey Sugg and Brad shaver (USACE) on November 25, 2020.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINa,USACE.ARMY. MIL

SAW-2020-0212R
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by
BEECH ER.GARY.H.1052973208 BEECHER.GARY.H.1052973208
Corps Regulatory Official: Date: 2021.01.05 12:06:53-05'00'
Date: January 4, 2021 Expiration Date: January 4, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http:Hcop2smapu.usace.army.mil/cm_apex/f?p=136 A:0.
Copy Furnished via e-mail to:
Consultant:
Paul Farley
Land Management Grou
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
pfar1ey(&1mgroup.net

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Brunswick County, NC
LAND MANAGEMENT GROUP
Figure 1.
Map Date:11/19/2020
a DAVEY . company
Vicinity Map
3805 Wrightsville Avenue
LMG19.108
Wilmington, NC 28403
[phone]

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approximate. This represents a preliminary sketch prepared from field notes.
_ .-- ; A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
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Legend
Project Area: —10.8 ac
Uplands: —4.6 ac (42%)
Non -Jurisdictional Wetlands: —6.2 ac (58%) `II
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L:\WETLANDS\2019 WETLANDS FILES\LMG19.108 ---
NC 179 Russ -Gore Commercial Tracts, Erik Blowers\MAPS
Boundaries are approximate and not meant to be absolute.
Map Source: 2019 Eagle View Aerial Photography
Beach Bum Site
Brunswick County, NC
Map Date: December 2020
LMG19.108
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a DAVEY. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
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Section 404 Preliminary
Wetland Sketch

15A NCAC 02B .0231 WETLAND STANDARDS
(a) Wetlands shall be assigned to one of the following classifications:
(1) Class WL: waters that meet the definition of wetlands as defined in Rule .0202 of this Section
except those designated as SWL; or
(2) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 07H
.0205, which are landward of the mean high water line, and wetlands contiguous to estuarine
waters as defined by 15A NCAC 07H .0206.
In addition, the EMC may classify wetlands as unique wetlands (Class UWL) that are of exceptional State or
national ecological significance which require special protection to maintain existing uses. Class UWL wetlands
may include wetlands that have been documented as habitat essential for the conservation of State or federally listed
threatened or endangered species.
(b) The water quality standards for all wetlands are designed to protect, preserve, restore, and enhance the quality
and uses of wetlands and other waters of the State influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to maintain dry weather
streamflow and, at other locations or times, groundwater recharge that replenishes the groundwater
system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would
otherwise have an adverse impact, as defined in 15A NCAC 02H .1002, on the quality of other
waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(6) Habitat for the propagation of resident wetland -dependent aquatic organisms, including fish,
crustaceans, mollusks, insects, annelids, planktonic organisms, and the plants and animals upon
which these aquatic organisms feed and depend upon for their needs in all life stages; and
(7) Habitat for the propagation of resident wetland -dependent wildlife species, including mammals,
birds, reptiles, and amphibians for breeding, nesting, cover, travel corridors, and food.
(c) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands
identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause
adverse impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in
amounts that may cause adverse impacts on existing wetland uses;
(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses;
(4) Materials that adversely affect the palatability of fish or aesthetic quality of the wetland shall not
be present in amounts that may cause adverse impacts on existing wetland uses;
(5) Concentrations or combinations of substances that are toxic or harmful to human, animal, or plant
life shall not be present in amounts which individually or cumulatively may cause adverse impacts
on existing wetland uses;
(6) Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent detrimental impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(7) The populations of wetland flora and fauna shall be maintained to protect biological integrity as
defined in Rule .0202 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Eff. October 1, 1996;
Readopted Eff. November 1, 2019.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED AND
OTHER NON-404 JURISDICTIONAL WETLANDS AND SURFACE WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF ISOLATED AND
OTHER NON-404 JURISDICTIONAL WETLANDS OR ISOLATED AND OTHER NON-404
JURISDICTIONAL OPEN WATERS AND/OR LESS THAN OR EQUAL TO THREE HUNDRED
(300) FEET OF ISOLATED AND OTHER NON-404 JURISDICTIONAL STREAMS
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 02H
.1300, as amended by Session Law 2015-286, and 15A NCAC 02B .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
jurisdictional wetlands and surface waters in accordance with the conditions set forth in this
General Permit.
This General Permit is issued in conformity with the requirements of North Carolina Regulations
in 15A NCAC 02H .1300 as amended by Session Law 2015-286 for the discharge of fill material
to isolated and other non-404 jurisdictional wetlands and surface waters of the State of North
Carolina.
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.
This General Permit shall become effective on December 1, 2017.
This General Permit shall expire on March 18, 2022 or unless otherwise rescinded after public
notice or until deemed appropriate by the Director of the NC Division of Water Resources.
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

IWGP100000
Pursuant to Session Law 2015-286, this Permit shall apply only to Basin Wetlands and Bogs and
no other wetland types as described in the North Carolina Wetland Assessment User Manual
prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October
2010 that are not 404 jurisdictional wetlands under the federal Clean Water Act. For streams,
this Permit shall only apply to intermittent and perennial streams as determined by the most
current version of the DWR Surface Water Identification Manual.
Pursuant to 15A NCAC 02H .1305 as amended by Session Law 2015-286 impacts less than or
equal to one (1) acre of isolated and other non 404-jurisdictional wetlands for the entire project
in the coastal region, less than or equal to one-half (1/2) acre of isolated and other non 404-
jurisdictional wetlands for the entire project in the piedmont region, or less than or equal to
one-third (1/3) acre of isolated and other non 404-jurisdictional wetlands in the mountain
region for the entire project are deemed to be permitted as long as they comply with 15A NCAC
02H .1305. The Coastal, Piedmont and Mountain Regions are depicted in Attachment A.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval from the Division of Water Resources (DWR):
a) If any of the conditions of this Permit (listed below) cannot be met; or
b) Any impacts to isolated and other non-404 jurisdictional streams from excavation or
dredging other than excavation that is conducted as preparation for installing
permanent fill or structures; or
c) Any isolated and other non-404 jurisdictional stream relocation or stream restoration;
or
d) Total temporary and permanent impacts to isolated and other non-404 jurisdictional
streams for the entire project greater than 150 linear feet; or
e) Total temporary or permanent impacts to isolated and other non-404 jurisdictional
wetlands or isolated and other non-404 jurisdictional open waters equal to or greater
than one (1) acre for the entire project in the Coastal Region;
f) Total temporary or permanent impacts to isolated and other non-404 jurisdictional
wetlands or isolated and other non-404 jurisdictional open waters equal to or greater
than one-half (1/2) acre for the entire project in the Piedmont Region; or
g) Total temporary or permanent impacts to isolated and other non-404 jurisdictional
wetlands or isolated and other non-404 jurisdictional open waters equal to or greater
than one-third (1/3) acre for the entire project in the Mountain Region; or
h) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density
thresholds specified in 15A NCAC 02H .1017, which;
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
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IWGP100000
state stormwater program' or a state -approved local government stormwater
program'.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -
implemented stormwater programs through use of community in -lieu programs require
written approval;
i) Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A
NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or
State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
j) Any impacts to isolated subject water bodies and/or state regulated riparian buffers
along isolated subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin
or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) unless:
i. The activities are listed as "EXEMPT" from these rules; or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM) for "ALLOWABLE" activities; or
iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Permit that do not meet one of the thresholds listed above
do not require written approval from the DWR.
I. ACTIVITY SPECIFIC CONDITIONS:
1. In accordance with 15A NCAC 02H .1305(c) & (d) as amended by Session Law 2015-286 and
in accordance with Session Law 2017-10, compensatory mitigation may be required for
losses greater than 300 linear feet of isolated and other non-404 jurisdictional perennial
streams and/or greater than one (1) acre of isolated and other non-404 jurisdictional
wetland impacts in the Coastal Region, one-half (1/2) acre of isolated and other non-404
jurisdictional wetland impacts in the Piedmont Region, and one-third (1/3) acre of isolated
and other non-404 jurisdictional wetland impacts in the Mountain Region. Impacts
associated with the removal of a dam shall not require mitigation when the removal
complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina
General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. Pursuant to Session Law 2015-286, mitigation
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
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IWGP100000
requirements for impacts to isolated and other non-404 jurisdictional wetlands shall only
apply to the amount of impact that exceeds the thresholds set out in this Condition. For
linear publicly owned and maintained transportation projects that are not determined to be
part of a larger common plan of development by the US Army Corps of Engineers,
compensatory mitigation may be required for losses of greater than 300 linear feet per
perennial stream. [15A NCAC 02H .1305(c)(6)]
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
2. If this General Permit is used to access residential, commercial or industrial building sites,
then all parcels owned by the applicant that are part of the single and complete project
authorized by this Permit must be buildable without additional impacts to streams or
wetlands. If required in writing by DWR, the applicant shall provide evidence that the
parcels are buildable without requiring additional impacts to wetlands, waters, or state
regulated riparian buffers. [15A NCAC 02H .1305(c)(4) and (d)(4)]
3. For road construction purposes, this Permit shall only be utilized from natural high ground to
natural high ground. [15A NCAC 02H .1305(c)(2) and (d)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .1305(c)(4) and
(d)(4)]
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES Permit NCS000250 shall serve to satisfy this condition. All other high
density projects that trigger threshold Item (h) above shall comply with one of the following
requirements: [15A NCAC 02H .1305(c)(5) and (d)(5)]:
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
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IWGP100000
b. Provide documentation (including calculations, photos, etc.) that the project will not
cause degradation of downstream surface waters. Documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering
the volume and velocity of stormwater runoff from the project built upon area and the
size and existing condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the Permit.
Any modifications to the project require notification to DWR and may require an application
submittal to DWR with the appropriate fee. [15A NCAC 02H .1301 and .1302]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Permit without written
authorization. [15A NCAC 02H .1301 and .1302]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .1305(c)(3) and (d)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on -site at all times.
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IWGP100000
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNA), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 0413.0124, Design Standards in Sensitive Watersheds.
5. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Permit.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .1301 and .1302]
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B .0201]
7. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the Permit. If the project is covered by this Permit, full compliance with
Permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .1305(c)(5) and (d)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) Stormwater Permit. [15A NCAC 02H
.1305(c)(5) and (d)(5)]
8. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .1305(c)(3) and (d)(3)]
9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.1305(c)(2) and 15A NCAC 04B .0125]
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IWGP100000
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers) or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
10. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .1305(c)(2) and (d)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
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IWGP100000
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .1305(c)(5)]
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .0231]
13. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 02B .0200]
14. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.1305(c)(2) and (d)(2)]
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Permit. [15A NCAC 02H .1305(c)(2) and (d)(2)]
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IWGP100000
16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.1305(c)(2)]
17. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .1305(c)(2)]
18. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
19. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .1305(c)(3) and (d)(3) and 15A NCAC 02B .0211 (12)]
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .1305 (c)(3) and (d)(3)]
21. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
22. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this Permit is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse. If an environmental document is
required under the National Environmental Policy Act (NEPA), then this Permit is not valid
until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental
Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)]
23. This Permit does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
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IWGP100000
24. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this Permit. [15A NCAC 02H .1304(c)]
25. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
26. 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 a certificate of completion (available on the DWR
website: https:Hedocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.1302(f)]
27. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Permit in
order to ensure compliance with all applicable water quality and effluent standards. [15A
NCAC 02H .1304(b)]
28. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Permit (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .1301 and .1302]
III. GENERAL PERMIT ADMINISTRATION:
1. Impacts to isolated and other non-404 jurisdictional streams as determined by the DWR
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 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
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IWGP100000
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. Impacts to isolated and other non-404 jurisdictional open waters as determined by the DWR
shall be measured as area. Permanent and/or temporary open 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 open
waters impacts.
3. Impacts to isolated and other non-404 jurisdictional wetlands as determined by the DWR
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.
4. In accordance with North Carolina General Statute 143-215.3D(e), written approval for an
Isolated Wetland General Permit must include the appropriate fee. An applicant for a CAMA
Permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality
Certification is required shall only make one payment to satisfy both agencies; the fee shall
be as established by the Secretary in accordance with 143-215.3D(e)(7).
5. This Permit neither grants nor affirms any property right, license, or privilege in any waters,
or any right of use in any waters. This Permit does not authorize any person to interfere
with the riparian rights, littoral rights, or water use rights of any other person and this
Permit does not create any prescriptive right or any right of priority regarding any usage of
water. This Permit shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Permit to possess any prescriptive or other right of priority
with respect to any other consumptive user regardless of the quantity of the withdrawal or
the date on which the withdrawal was initiated or expanded.
6. This Permit grants permission to the Director, an authorized representative of the Director,
or DWR staff, upon the presentation of proper credentials, to enter the property during
normal business hours. [15A NCAC 02H .1302(e)]
7. The conditions in effect on the date of issuance of certificate of coverage under this General
Permit for a specific project shall remain in effect for the life of the project, regardless of the
expiration date of this Permit.
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IWGP10OOOO
8. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this Permit for the project and may also result in criminal and/or civil
penalties.
9. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Permit for any project in this category of activity if it is
deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
10. A separate Public Notice and Individual Permit will be required for all projects which
propose to impact greater than 300 linear feet of isolated and other non 404-jurisdictional
streams or greater than one (1) acre of isolated and other non-404 jurisdictional wetlands or
open waters in accordance with 15A NCAC 02H .1303.
History Note: This Isolated Wetlands General Permit (IWGP100000) issued December 1, 2017
replaces the IWGP100000 issued March 3, 2017; March 2, 2016, March 12, 2012, October 31,
2008 and October 3, 2003.
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IWGP100000
Attachment A
The Coastal Region, Piedmont Region and Mountain Region shall be as follows:
"Coastal Region" includes Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret,
Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates,
Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin,
Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender,
Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne,
and Wilson Counties.
• "Piedmont Region" includes Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell,
Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin,
Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Montgomery, Orange, Person,
Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance,
Wake, Warren, Wilkes, and Yadkin Counties.
• "Mountain Region" includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain,
Transylvania, Watauga and Yancey Counties.
When a landowner believes their property is not in the correct region for purposes of regulating
impacts to isolated wetlands under Title 15A NCAC 02H .1305(d)(2), they may have a soil
scientist conduct a site -specific evaluation to determine the soil series. The soil scientist shall
be an individual who is currently licensed or authorized to practice soil science under G.S. 89F
by the North Carolina Board for Licensing of Soil Scientists. The landowner shall submit the soil
report to the Division of Water Resources. Soil series that occur in North Carolina have been
categorized by the Natural Resources Conservation Service of the US Department of Agriculture
as follows:
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IWGP100000
Attachment A
Mountains
Alarka
Chandler
Cullowhee
Hayesville
Maymead
Saluda
Thurmont
Anakeesta
Cheoah
Dellwood
Heintooga
Micaville
Santeetlah
Toccoa
Arkaqua
Chester
Dillard
Hemphill
Nantahala
Saunook
Toecane
Ashe
Chestnut
Dillsboro
Hiwassee
Nikwasi
Sauratown
Toxaway
Balsam
Chestoa
Ditney
Horsetrough
Northcove
Shinbone
Transylvania
Bandana
Chiltoskie
Edneytown
Huntdale
Nowhere
Skyuka
Trimont
Biltmore
Cleveland
Edneyville
lotla
Oconaluftee
Smokemont
Tsali
Braddock
Cliffield
Ela
Jeffrey
Ostin
Snowbird
Tuckasegee
Bradson
Clifford
Ellijay
Junaluska
Oteen
Soco
Tusquitee
Brasstown
Clifton
Elsinboro
Kanuga
Peaks
Spivey
Unaka
Breakneck
Clingman
Evard
Keener
Pigeonroost
Statler
Unicoi
Brevard
Codorus
Fannin
Kinkora
Pineola
Stecoah
Unison
Brownwood
Colvard
Farner
Lauada
Pinnacle
Suches
Walnut
Buladean
Comus
Fontaflora
Leatherwood
Plott
Swannanoa
Watauga
Burton
Cowee
French
Longhope
Porters
Sylco
Wayah
Cades
Craggey
Greenlee
Lonon
Pullback
Sylva
Wesser
Calvin
Crossnore
Guyot
Lostcove
Rabun
Tanasee
Whiteoak
Cashiers
Cruso
Harmiller
Luftee
Reddies
Tate
Whiteside
Cataloochee
Cullasaja
Hatboro
Mars Hill
Rosman
Thunder
Zillicoa
Cataska
Page 14 of 16

IWGP100000
Attachment A
Piedmont
Alamance
Cecil
Exway
Leaksville
Nathalie
Riverview
Turbeville
Altavista
Chewacla
Fairview
Lignum
Oak Level
Ronda
Tussahaw
Appling
Cid
Georgeville
Lloyd
Oakboro
Rowan
Uwharrie
Appomattox
Claycreek
Goldston
Louisa
Orange
Saw
Vance
Armenia
Cliffside
Granville
Louisburg
Ostin
Secrest
Wadesboro
Ashlar
Clover
Green Level
Madison
Pacolet
Sedgefield
Wake
Augusta
Colfax
Grover
Mandale
Pactolus
Siloam
Warne
Ayersville
Congaree
Gwinnett
Masada
Peakin
Skyuka
Wate
Badin
Coronaca
Halifax
Mattaponi
Peawick
Spartanburg
Wateree
Banister
Creedmoor
Hallison
Mayodan
Penhook
Spray
Wedowee
Bannertown
Cullen
Haw River
McQueen
Pfafftown
Spriggs
Wehadkee
Belews Lake
Dan River
Helena
Meadowfield
Picture
Starr
Westfield
Bentley
Danripple
Herndon
Mecklenburg
Pilot Mountain
Stoneville
White Store
Bethera
Davidson
Hibriten
Merry Oaks
Pinkston
Stott Knob
Wickham
Bethlehem
Davie
Hiwassee
Misenheimer
Pinoka
Tarrus
Wilkes
Biscoe
Delila
Hornsboro
Mocksville
Pittsboro
Tatum
Winnsboro
Brickhaven
Devotion
Hulett
Monacan
Poindexter
Tillery
Woolwine
Buncombe
Dorian
Iredell
Moncure
Polkton
Toast
Worsham
Callison
Durham
Jackland
Montonia
Poplar Forest
Toccoa
Wynott
Carbonton
Elbert
Kinkora
Mooshaunee
Rasalo
Tomlin
Yadkin
Cartecay
Enon
Kirksey
Nanford
Rhodhiss
Totier
Zion
Casville
Enott
Lackstown
Nason
Rion
Page 15 of 16

IWGP100000
Attachment A
Coastal
Acredale
Butters
Dogue
Hydeland
McColl
Paxville
Tarboro
Ailey
Byars
Dorovan
Icaria
Meggett
Peakin
Tetotum
Alaga
Cainhoy
Dothan
Invershiel
Mooshaunee
Pelion
Thursa
Alpin
Candor
Dragston
Johns
Muckalee
Pender
Toisnot
Arapahoe
Cape Fear
Duckston
Johnston
Munden
Perquimans
Tomahawk
Argent
Cape
Lookout
Dunbar
Kalmia
Murville
Pettigrew
Tomotley
Augusta
Caroline
Duplin
Kenansville
Myatt
Plummer
Torhunta
Autryville
Carteret
Echaw
Kinston
Nahunta
Pocalla
Troup
Aycock
Centenary
Emporia
Kureb
Nakina
Polawana
Uchee
Backbay
Chapanoke
Engelhard
Lakeland
Nankin
Ponzer
Valhalla
Ballahack
Charleston
Exum
Leaf
Nawney
Portsmouth
Varina
Barclay
Chastain
Faceville
Lenoir
Neeses
Pungo
Vaucluse
Bayboro
Chenneby
Foreston
Leon
Newhan
Rains
Wagram
Baymeade
Chesapeake
Fork
Liddell
Newholland
Rimini
Wahee
Belhaven
Chipley
Fortescue
Lillington
Nimmo
Roanoke
Wakulla
Bertie
Chowan
Fripp
Longshoal
Nixonton
Roper
Wando
Bethera
Conaby
Fuquay
Lucy
Noboco
Rumford
Wasda
Bibb
Conetoe
Gertie
Lumbee
Norfolk
Rutlege
Weeksville
Bladen
Corolla
Gilead
Lynchburg
Ocilla
Scuppernong
Wilbanks
Blaney
Cowarts
Goldsboro
Lynn Haven
Onslow
Seabrook
Winton
Blanton
Coxville
Grantham
Mandarin
Orangeburg
Seagate
Woodington
Bohicket
Craven
Grifton
Mantachie
Osier
Shellbluff
Wrightsboro
Bojac
Croatan
Gritney
Marlboro
Ousley
Stallings
Wysocking
Bolling
Currituck
Gullrock
Marvyn
Pactolus
State
Yaupon
Bonneau
Dare
Hobonny
Masontown
Pamlico
Stockade
Yeopim
Bragg
Deloss
Hobucken
Maxton
Pantego
Suffolk
Yonges
Brookman
Delway
Hyde
Mayodan
Pasquotank
Page 16 of 16