20120172 Ver 1_Approval Letter_20120409

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Flournoy Development Company
Mr Ryan Foster
900 Brookstone Centre Parkway
Columbus GA 31904
Division of Water Quality
Charles Wakild P E
Director
April 2012
Subject Property Amberleigh Shores Subdivision
Dee Freeman
Secretary
New Hanover County
DWQ Project # 12 0172
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Foster
You have our approval in accordance with the attached conditions to permanently impact 0 355
acres of 404 Wetlands and 0 031 acres of isolated non 404 wetlands to construct the proposed
residential development as described in your application received by the N C Division of Water
Quality (DWQ) on February 27 2012 After reviewing your application it has been determined
that the impacts are covered by General Water Quality Certification Number 3821 (GC3821) and
the State General Permit for Impacts to Isolated and Other Non 404 Jurisdictional Wetlands and
Waters Permit Number IWGP100000 This Certification can be found on line at
http / /portal ncdem oit?/ web /wq /swp /ws /401 /certsandpermits
The Certification(s) allows you to use Nationwide Permit 29 when issued by the US Army Corps
of Engineers (USACE) 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 this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit
This approval is for the purpose and design that you described in your application If you change
your project you must notify us and you may be required to send us a new application If the
property is sold the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions If total fills for this project (now or in
the future) exceed one acre of wetland or 1501mear feet of stream compensatory mitigation may
1617 Mail Service Center Raleigh North Carolina 27699 1617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX 919 - 807 64921 Customer Service 1877-623-6748
Internet www ncwaterguality org
An Equal Opportunity � Affirmative Action Employer
NorthCarolina
Aatumll#

2
Amberleigh Shores
New Hanover County
2012 0172
be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below
The Additional Conditions of the Certification are
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
2 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 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
3 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project
4 Construction Stormwater 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 Pernut 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 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
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0 355 (acres)
Page 5 of 11 in PCN
Non 404
0 031 (acres)
Page 5 of 11 in PCN
Jurisdictional
Wetlands
2 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 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
3 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project
4 Construction Stormwater 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 Pernut 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 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

3
Amberleigh Shores
New Hanover County
2012 0172
5 Culvert Installation
Placement of culverts and other structures in waters streams and wetlands must be
placed below the elevation of the streambed by one (1) foot for all culverts with a
diameter greater than 48 inches and 20% of the culvert diameter for culverts having a
diameter less than 48 inches to allow low flow passage of water and aquatic life Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis equilibrium of
wetlands or streambeds or banks adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ Culverts required for this project shall be
installed in such a manner that the original stream profiles are not altered Existing stream
dimensions (including the cross section dimensions pattern and longitudinal profile)
must be maintained above and below locations of each culvert Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head
cutting of the streams If any of the existing pipes are or become perched the appropriate
stream grade shall be re established or if the pipes installed in a perched manner the
pipes shall be removed and re installed correctly
6 Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual (ham //www ncdot org /doh/operatlons/BMP manual /download /BMP Manual Pdf)
such as sandbags rock berms cofferdams and other diversion structures shall be used to
prevent excavation in flowing water
7 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
8 Sewer Systems
The project shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State Federal
and local sewer system regulations
9 Turbidity Standard
The turbidity standard of 50 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

4
Amberleigh Shores
New Hanover County
2012 0172
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 6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 796
7215
Sincerely
1
kA
C 1 s Wakild P E erector
Division of Water Quality
Enclosures GC 3821
IWGP 100000
Certificate of Completion
cc Dana Lutheran — Southern Environmental Group Inc 5315 College Road Wilmington
NC 28412
Emily Hughes — USACE Wilmington Field Office
Ian McMillan — DWQ 401 Oversight and Express Unit
WiRO

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 213 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 General 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
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

State General Permit No IWGP1 OOOOO
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 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
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (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 (HQW) 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 banns with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 2B 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 195
b Equal to or greater than one tenth (1/10) of an acre west of 195
c Any impacts to isolated and other non 404 wetlands adjacent to waters designated as
ORW SA WS I WS 11 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 2B 0101(e)(7) as Unique Wetlands
(UWL)
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) 2

State General Permit N° IWGP100000
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 No 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 (HQW) or Outstanding Resource (ORW)
waters then the sediment and erosion control requirements contained within Design
Standards In Sensitive Watersheds (15A NCAC 04B 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 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 (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) 4

State General Permit No IWGP100000
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
htto //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 a 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 2B
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 No IWGP100000
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 HQW 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
budding 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 a Stormwater
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 No IWGP100000
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 nprap 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 No 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 /Wetlands 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 DWQ 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 applicant/permittee 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 Quality accompanied by the
appropriate fee documentation from both parties involved and other supporting materials as may
be appropriate The approval of this request will be considered on its merits and may or may not
be approved
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 No IWGP1 OOOOO
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
1l
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)

State General Permit No IWGP100000
Example 1 Wetland Impacts and Compensatory Mitigation
In this case, the applicant proposes to fill 95 acre of 404 wetlands and 40 acre of
Isolated wetlands Since the Isolated impact is over the IWGP10000 threshold,
written concurrence is required for the Isolated fill, in addition to the 404 fill The
applicant should note both impacts on the PCN and seek the Isolated General
Permit AND the appropriate General Certification Compensatory mitigation is
required since total wetland impacts exceed one (1) acre
Isolated Wetlands General Permit (IWGP100000) 10

State General Permit No IWGP100000
Example 2 Wetland Impacts and Compensatory Mitigation
In this case, the applicant proposes to fill 95 acre of 404 wetlands and 08 acre of
Isolated wetlands Since the Isolated impact is under the IWGP100000 threshold,
written concurrence is not required for the Isolated fill However, this impact should
be noted on the PCN submitted for written concurrence on the 404 wetland fill
Compensatory mitigation is required since total wetland impacts exceed one (1) acre
Isolated Wetlands General Permit (IWGP100000) 11

Certification of Completion
DWQ Project No
Applicant
Project Name
Date of Issuance of Wetland Perrmt
County
Certificate of Comuletion
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 Oversight/Express 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
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials
Signature
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules the approved plans and specifications
Date
hereby state that to the best of my abilities due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications
Date
If this project was designed by a Certified Professional
I as a duly registered Professional (i a 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 Permtttee 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 Quahty Certification and Buffer Rules, the approved plans and
specifications and other supporting materials
Signature Registration No Date

Water Quality Certification No 3821
Water Quality Certification Number 3821 is issued in conformity with the requirements of Section
401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H Section 0500 and 15A NCAC 2B
0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States () as described in 33 CFR 330 Appendix A (B) (18 29 39 41 42 43 44 and 46)
of the Corps of Engineers regulations (i a Nationwide Permit No 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B 0200
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 '
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the Division')
I Stream and /or buffer impacts
a Any impacts to perennial waters (as depicted on the most recent USGS 124000
topographic map or as otherwise determined by the local government ) and their
associated riparian buffers in Water Supply (WS) High Quality Water (HQW) or
Outstanding Resource Water (ORW) watersheds Only water dependent actll sties public
projects and structures with de mirnmus 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 streams and buffers in the Neuse Tar Pamlico Randleman Catawba and
Jordan basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application [in accordance with 15A NCAC 2B 0200]) unless the
activities are listed as EXEMPT from these Rules
c Any impacts to streams involving excavation or dredging
d Total 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 (temporary and/or permanent) to waters
a Equal to or greater than one third (1/3) of an acre East of Interstate 95 (1 95)
b Equal to or greater than one tenth (1/10) acre West of Interstate 95 (1 95)
III Wetland impacts (temporary and /or permanent)
a Equal to or greater than one third (1/3) acre East of Interstate 95
b Equal to or greater than one tenth (1/10) acre West of Interstate 95
c Any impacts to 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 Any impacts to coastal wetlands [15A NCAC 7H 0205)] or Unique Wetlands (UWL) [15A
NCAC 2H 05061
Water Quality Certification No 3821

Water Quality Certification No 3821
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
In accordance with North Carolina General Statute Section 143 215 3D(e) written approval for a
401 Water Quality General Certification must include the appropriate fee If a project also
requires a CAMA Permit then one payment to both agencies shall be submitted and will 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 Certification 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 condition 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) If any of these Conditions cannot be met then written
approval from the Division Is required
Conditions of Certification
1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas
beyond the footprint of the impacts depicted in the Pre Construction Notification 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 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 (HQW) or Outstanding Resource (ORW)
waters then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B 0124) supercede all other sediment
and erosion control requirements
Water Quality Certification No 3821 2

Water Quality Certification No 3821
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 NGG010000
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
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
NO 11h2o enr state_nc us/su /Forms Documents htm
5 Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a 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
Water Quality Certification No 3821 3

Water Quality Certification N° 3821
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 Randleman and Jordan (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 0243 and 0267 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 Suppl ! Watershed Protection Rules [15A NCAC 2B
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
In accordance with 15A NCAC 2H 0506 (h) compensatory mitigation may be required for
losses of 150 linear feet or more of streams (intermittent and perennial) and/or one (1) acre
or more of wetlands For linear public transportation projects impacts equal to or exceeding
150 linear feet per stream shall require mitigation
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
Water Quality Certification No 3821

Water Quality Certification No 3821
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 Linear public transportation projects will be required to treat stormwater runoff to
the Maximum Extent Practicable in accordance with the practices described in the
NCDOT Best Management Practices (BMP) Manual
B All other projects shall comply with the requirements set forth below In addition
the applicants shall follow the procedures explained in the version of Protocol for
Stormwater Management Plan (SMP) Approval and Implementation that is in place
on the date of the submittal of the SMP
i Project Density Projects with SMPs that require 401 Oversight/ Express Unit
approval shall be classified as either Low or High Density according to the
criteria described below
a Low Density A development shall be considered Low Density if ALL of
the following criteria are shown to have been met
The overall site plan excluding ponds lakes rivers (as specified in
North Carolina s Schedule of Classifications) and saltwater wetlands
(SWL) must contain less than 24% impervious surface area
considering both current and future development
2 All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual
The project must not include a stormwater collection system (such as
piped conveyances) as defined in 15A NCAC 2B 0202(60)
4 If a portion of project has a density equal to or greater than 24 A
then the higher density area must be located in an upland area and
away from surface waters and drainageways to the maximum extent
practicable
b High Density Projects that do not meet all of the Low Density criteria
described above are considered to be High Density requiring the
installation of appropriate BMPs as described below
1 All stormwater runoff from the site must be treated by BMPs that are
designed at a minimum to remove 85 percent of Total Suspended
Solids (TSS)
Projects located in watersheds that drain directly to waters
containing the following supplemental classifications shall meet
these additional requirements
Water Quality Certification No 3821

Water Quality Certification No 3821
Water Quality
Stormwater BMP Requirement
Supplemental
Classification
§303(d)
Project specific conditions may be added
by the Division to target the cause of the
water quality impairment
NSW
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal or other applicable nutrient
reduction goal for the watershed as
codified in the15A NCAC 2B 0200 rules
Trout (Tr)
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal BMPs should also be designed
to minimize thermal pollution
3 All BMPs must be designed in accordance with the version of the NC
Division of Water Quality Stormwater Best Management Practices
Manual that is in place on the date of the submittal of the SMP Use
of stormwater BMPs other than those listed in the Manual may be
approved on a case by case basis if the applicant can demonstrate
that these BMPs provide equivalent or higher pollutant removal and
water quality protection
u Vegetated Setback In areas that are not subject to a state Riparian Area
Protection Rule a 30 foot wide vegetated setback must be maintained
adjacent to streams rivers and tidal waters as specified below
a The width of the setback shall be measured horizontally from
1 The normal pool elevation of impounded structures
2 The streambank of streams and rivers and
3 The mean high waterline of tidal waters perpendicular to shoreline
The vegetated setback may be cleared or graded but must be planted with
and maintained in grass or other appropriate plant cover
c The DWQ may on a case by case basis grant a minor variance from the
vegetated setback requirements pursuant to the procedures set forth in
15A NCAC 02B 0233(9)(b)
d Vegetated setbacks and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal
isolated or 404 jurisdictional wetlands
ni Stormwater Flowing to Streams and Wetlands Stormwater conveyances
that discharge to streams and wetlands must discharge at a non erosive
velocity prior to entering the stream or wetland during the peak flow from the
ten year storm
iv Projects Below Written Authorization Thresholds Projects that are below
written authorization thresholds must comply with the version of Protocol for
Water Quality Certification No 3821 6

Water Quality Certification No 3821
Stormwater Management Plan (SMP) Review and Approval that is in place on
the date of the certification for the project
v Phased Projects The DWQ will allow SMPs to be phased on a case by case
basis with a final SMP required for the current phase and a conceptual SMP
for the future phase(s) If the current phase meets the Low Density criteria but
future phase(s) do not meet the Low Density criteria then the entire project
shall be considered to be High Density
13 Placement of Culverts and Other Structures in Waters and Watlands
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 DiviGlon will consider
alternative design proposals
Any nprap 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 nprap or other bank hardening
methods
14 Additional site specific conditions may be added to the written approval letter for projects
proposed under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards
15 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse
16 If this Water Quality Certification 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
construction purposes this Certification shall only be utilized from natural high ground to
natural high ground
Watei Quality Certification No 3821

Water Quality Certification No 3821
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/Wetiands Unit web site at
http / /portal ncdenr orq/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms
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 certification 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 DWQ Central Office in Raleigh at 1650 Mail
Service Center Raleigh NC 27699 1650
19 This General Certification shall expire three (3) years from the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project regardless of the expiration
date of this Certification If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit then the General Certification shall also remain in effect
without requiring re application and re approval to use this Certification for the specific
impacts already approved
20 The applicant/permittee 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 Water Quality Certification
Non compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity 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
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality
Water Quality Ceitifcation No 3821

Water Quality Certification No 3821
Effective date April 6 2010
DIVISION OF WATER QUALITY
By
Coleen H ulims
Director
History Note Water Quality Certification (WQC) Number 3821 issued April 6 2010 replaces
WQC Number 3705 issued November 1 2007 WQC Number 3631 issued March 19 2007 WQC
Number 3402 issued March 2003 WQC Number 3362 issued March 18 2002 WQC Number
3287 issued June 1 2000 and WQC Numbers 3106 and 3108 issued on February 11 1997
This Water Quality Certification is rescinded when the Corps of Engineers re authorizes
Nationwide Permits 18 29 39 41 42 43 or 44 or when deemed appropriate by the Director of
the Division of Water Quality
Water Quality Certification No 3821

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