20201676 Ver 1_Approval Letter_20210303

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 3, 2021
DWR Project # 2020-1676 v1
Currituck County
Twiddy Docking Facility
ATTN: Hadley Twiddy
1170 Persimmons St.
Corolla, NC 27927
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Twiddy Docking facility
Dear Mr. Twiddy:
You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources
(Division) on October 26, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions
listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps
of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those
required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional
conditions:
1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met.
No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Plan location/ Reference
Attached
Open Waters
OW1 —fill
0.08 (acres)
0 (acres)
Plan Sheet 1
OW2 — shading
0.02 (acres)
0 (acres)
Plan Sheet 1
Wetlands
W3 - Fill
.02 (acres)
0 (acres)
Plan Sheet 1
2. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC
02B .0507(c)]
Continuing Compliance
3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC
02B .0200 (3)(f)]
4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or
wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
D North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH CAROLINA _
DepanmammEnvo-anmaowia�ar� /� 252.946.6481

reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement
on a case -by -case basis.
5. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative
hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along with any applicable OAH filing
fee is received by the OAH within five (5) business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tina Martin at 252-948-3844 or
[e-mail] if you have any questions or concerns.
Sincerely,
Rox T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
Certification of Completion
cc: Mr. Hadley Twiddy
Warren Eadus (via e-mail: [e-mail])
Gregg Bodnar, DCM Morehead City (via e-mail)
Robert Corbett, DCM Elizabeth City (via e-mail)
Josh Pellitier USACE Washington Regulatory Field Office (via e-mail)s
Laserfiche/DWR file copy

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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4175
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT
ACT),
• REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS)
• NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE
ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS
198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE
PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54
Water Quality Certification Number 4175 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in Regional General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of
Engineers Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: February 1, 2019
Signed this day: February 1, 2019
2
for Linda Culpepper, Director

GC4175
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) Activities authorized by CAMA Major Development Permits, except:
i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (1)
tie into existing bulkheads, land or other shoreline protection measures or (2) do
not extend waterward of the normal high water or normal water line more than
10 feet, provided the activity will not involve the excavation or filling of any
Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts less than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend waterward of the normal high water or normal water line more than 30
feet or five feet waterward of the existing wetlands whichever distance is
greater, (2) the activity will not involve the excavation or fill of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the
Division of Marine Fisheries), and (3) does not result in any fill landward of the
toe of the sill alignment, provided the Division of Coastal Management
representative submits a copy of the written authorization for the General
Permit to the Division upon issuance; or
iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in
15A NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater
than two feet of water at normal low water level or normal water level
(whichever is applicable);
v) Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands, provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vi) Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item (iv) above;
vii) Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
viii)Upland development which involves no more than 1/10 of an acre of excavation
or filling of non -coastal wetlands, with the exception that no more than 2,000
square feet of the non -coastal excavation or filling may take place within a
Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this
area calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

GC4175
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of 404 jurisdictional wetlands
as long as written concurrence is not required from DWR for the applicable US
Army Corps of Engineers Nationwide Permit; or
b) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided
the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and
investigation report to DWR for comment prior to the DMF Director's recommendation on
the application for public notice or denial; or
c) Any stream relocation or stream restoration; or
d) 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) Proposes permanent wetland, stream or open water impacts; and
iii) Proposes new built -upon area; and
iv) Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
programz.
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs and projects that satisfy state or locally -implemented
stormwater programs through use of community in -lieu programs require written
approval; or
e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or
f) Any impacts Unique Wetlands (UWL); or
g) 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
h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar -Pamlico River Basins (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); 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.
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 3 of 12

GC4175
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management
Act (CAMA) General Permits do not require written approval from the Division as long as they
comply with all of the Activity Specific and General Conditions of this Certification listed
below. In any of the Activity Specific or General Conditions of this Certification listed below
cannot be met, then written approval from the Division is required.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-
796-7215) Regional Office, as applicable, are notified and provide approval prior to the
release. [15A NCAC 02B .0221]
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
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 .0506(b)(4) and
(c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and
may be staggered or overlapped or left open as long as the five-foot separation between
sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A
NCAC 02H .0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters
and wetlands outside the permitted area. This shall include, but is not limited to, the
immediate installation of silt fencing, turbidity curtains or similar appropriate devices
around all areas subject to soil disturbance. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act
of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)]
Page 4 of 12

GC4175
7. 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 (f) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(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.
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
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Page 5 of 12

GC4175
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur. [15A
NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 026 .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
Page 6 of 12

GC4175
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
Page 7 of 12

GC4175
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g.
rock ladders, cross vanes, etc.). Notification, including supporting documentation to include
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided to DWR 60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
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12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. -Exceptions to this condition require application to and written
approval from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 026 .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
[15A NCAC 02H .0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
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GC4175
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until a Categorical Exclusion, the Final Environmental
Assessment, or Final Environmental Impact Statement is published by the lead agency [15A
NCAC 01C .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification.
[15A NCAC 02H .0507(d)]
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26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project is likely to have a
significant adverse effect upon water quality, including state or federally listed endangered
or threatened aquatic species, or degrade the waters so that existing uses of the water or
downstream waters are precluded.
History Note: Water Quality Certification (WQC) Number 4175 issued February 1, 2019 replaces
WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued
March 6, 2017, WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued
March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274
issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025
issued September 6, 1995.
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NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S. RECAN
secretary
LINDA CULPEPPER
Interim Director
DWQ Project No.: _
Applicant:
Project Name:
Date of Issuance of Wetland
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No. Date
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481