20210335 Ver 1_No Written Concurrence_20210401

March 29, 2021

DWR # 2021-0335
New Hanover County

David Sweyer
1612 Military Cutoff
Wilmington, NC 28403

Subject: No Written Approval Required
74 Pelican Drive – Wrightsville Beach, NC 28480

Dear Mr. Sweyer:

The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on January 28, 2021. DWR issues approval in the form of a
Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.

In accordance with the attached General Certification #4175 (GC 4175), the impacts described in
your application do not require written authorization to utilize GC 4175. However, you are required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.

This Certification 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
8:00am and 5:00pm, 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.):
DocuSign Envelope ID: 6C7D63F7-4B8E-458E-91FA-CA38CDC1DFAB
74 Pelican Drive – Wrightsville Beach, NC 28480
DWR# 20210335
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Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

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. Please
contact Tyler Benson at 910-796-7215 or [e-mail] if you have any questions
or concerns.

Sincerely,

Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Enclosures: GC 4175

cc: Curt Weychert, DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
Daniel Shirley, Consultant, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

DocuSign Envelope ID: 6C7D63F7-4B8E-458E-91FA-CA38CDC1DFAB
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
By
for Linda Culpepper, Director

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Activities meeting any one (l) 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 bv[AK4AMajor Deve|oprnentPerrnits,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 NCA[ 07H .OZOS) shall not exceed lOOsquare feet;
ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (l)
tie into existing bulkheads, land orother shoreline protection measures or (3) do
not extend vvatervvard 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 (3AV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts less than 500square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A N[A[O7H .0205) shall not exceed 1O0square feet;
iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend vvatenward of the normal high water ornormal water line more than 30
feet or five feet vvatenmard of the existing wetlands whichever distance is
greater, (Z)the activity will not involve the excavation or fill ofany Submerged
Aquatic Vegetation /SAV\ orsignificant 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 tothe Division upon issuance; or
iv) Piers and docks designed toaccommodate up to but not exceeding 10vesse|s
(except where prohibited in Outstanding Resource Waters (ORVV) as defined in
15A N[A[ 03B.0235/7\ & (0)\ and where the water depth is equal to or greater
than two feet of water at normal |ovv water level or normal water level
(whichever isappUcab|e\;
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 orfilled;
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 toanNPDE8Permit, aslong asall impacts are temporary;
viii\Up|and development which involves no more than 1/10 of an acre of excavation
orfilling ofnon-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
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considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of4O4 jurisdictional wetlands
as long as written concurrence is not required from OVVRfor the applicable US
Army Corps ofEngineers Nationwide Permit; or
b\ Commercial shellfish aquacu|ture activities that qualify for Nationwide Permit 48, provided
the Division of Marine Fisheries (DK4F) Lease Program submits the proposed site map and
investigation report to DVVR for comment prior to the DK4F Director's recommendation on
the application for public notice ordenial; or
c) Any stream relocation or stream restoration; or
d\ Any high -density project, as defined in 15A N[A[ 02H .1003(2)(a) and by the density
thresholds specified in ISA NCACU2H .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 oropen water impacts; and
iii\ Proposes new built -upon area; and
iv) Does not have a otornnvvater management plan reviewed and approved under a
state stornnvvater program' or a state -approved local government stornmxvater
progremnz .
Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented storrnvvater programs and projects that satisfy state or locally -implemented
stornnvvater 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 (DIVIF); or
f) Any impacts Unique Wetlands /UVVL\;nr
g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
NC Wetland Rules (lSA NCACOIH .0500), N[ Isolated Wetland Rules (15A N[A[O2H .1300),
NC Surface Water orWetland Standards (15A NCA[ 02B .OZOO), or State Regulated Riparian
Buffer Rules (1SANCACO2B.O2UO);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"EXEK4PT°from these rules; or
ii) A Buffer Authorization Certificate is issued by the N[ Division of Coastal
Management (D[K4);or
iii> A Buffer Authorization Certificate or a Minor Variance is issued by delegated or
designated local government implementing a state riparian buffer program
pursuant to143'Z16.23.
'e�.Coastal Counties, HQVV ORVV orstate-implemented Phase UNPDES
^e.g. Delegated Phase U NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Itormwater
Management Program
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Activities included in this General Certification that do not meet one mfthe thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management
Act(CAKNA) 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. |nany mfthe Activity Specific orGeneral Conditions ofthis Certification listed below
cannot bmmet, then written approval from the Division isrequired.
1. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DVVR Washington (253'946-6481) or Wilmington (910'
796-7Zl5) Regional Office, as applicable, are notified and provide approval prior tothe
release. [15AN[ACO28.0221]
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 tostreams or wetlands. If required in writing by DVVR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts towetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
]. 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 N[ Wetland Rules (15A NCA[ 02H .0500), NC
Isolated Wetland Rules (15A N[A[ 02H .1300), and/or State Regulated Riparian Buffer Rules
(lSA NCA[O28 .0I00). These mechanisms shall be put in place atthe time ofrecording of
the property orindividual parcels, whichever is appropriate. [15A NCA[O2H .0506(b)(4) and
S. For living shorelines, the sills shall have at least one five-foot opening every 100feet and
may be staggered or overlapped orleft open as long asthe five-foot separation between
sections is maintained. Overlapping sections shall not overlap more than lOfeet. [15A
6. For living shorelines, the pernnhtee 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 Art and the Mining Act
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7. For the North Carolina Department of Transportation, compliance with the NCDOT~s
individual NPDE3 permit N[5000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (8 above shall comply with one of the following
requirements: [15A NCA[UZH .0506(b)/5\ and /c\(5)l
a. Provide a completed Storrnxvater Management Plan (5IVIP) for review and approval,
including all appropriate storrnvvater control measure (S[01) supplemental forms and
associated items, that complies with the high'densitydeve|oprnent requirements of 15A
NCAC 02H .1003. 5torrnvvater management shall be provided throughout the entire
project area in accordance with lSA NCAC 02H .1003. For the purposes of 15A N[AC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A N[AC
O2H.1Ol7.
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 stornnvvater runoff when considering
the volume and velocity ofstorrnvvater runoff from the project built upon area and the
size and existing condition of the receiving strearn(s).
Exceptions to this condition require application to and written approval from DWR.
U. 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 port of the
Certification. Any modifications tothe project require notification to DVVR and may require
anapplication submittal toDVVRwith the appropriate fee. [15ANCACO2H.O501and .O5OZ]
Z. 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 OVVR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCA[O2H .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. [15ANCA[03B .0200]
S. In accordance with 15A NCAC DZH D506(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 (l) acre of wetlands. Impacts associated with the removal of
darn shall not require mitigation when the removal complies with the requirements ofPart
3 of Article 21 in Chapter I43 of the North Carolina General Statutes. Impacts to isolated
and other nnn'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 larger common plan of development by the US Army Corps of
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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, acomplete mitigation proposal developed in accordance with the most recent
guidance issued by the U3 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 inChapter 2ofTitle 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 11]AArticle 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
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall beequal toorexceed the requirements specified in the most recent version
of the North [0008no Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOTSediment 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 mferosion control measures and
stornnvvater 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 of1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAa)SA,
VVS-|, VVS-||, High Quality Waters /H{}\N\, or Outstanding Resource Waters (ORVV), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
G. Sediment and erosion control measures shall not be placed in wetlands orwaters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DVVR. [15A
NCACOZH .0501and .0502]
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7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along strea/nbanks or within wetlands. Exceptions to this condition require
application toand written approval from DVVR. [15A N[ACU2B .02011
O. An NPDES Construction 5tornnvvater Permit (N[GO10000) is required for construction
projects that disturb one (l) or more acres of land. The N[G010000 Permit allows
stornnvvater 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 isrequired. [15A
The North Carolina Department ofTransportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPOES /N[S000250\ storrnvvater permit. [15A N[A[ OZH
9. All work in oradjacent to streams shall be conducted sothat 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 [onbn/ 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 DVVR.
[l5ANCACO2H.05O6(b)(3) and (c)(3\l
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
All moratoriums on construction activities established by the N[ Wildlife Resources
Commission (VVRC), US Fish and Wildlife Service /U6FVVS\, NC Division of Marine Fisheries
(DK4F)or National Marine Fisheries Service (NK4FS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. Acopy ofthe approval from the resource agency shall beforwarded toDVVR.
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 VVR[,
11.Cu|verts shall be designed and installed in such a manner that the original stream profiles
are not altered and aUnvv for aquatic life movement during /ovv 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
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such as to pass the average historical low flow and spring flow without adversely altering
Placement of culverts and other structures in streams shall be below the elevation of the
otreanobed by one foot for all culverts with a diameter greater than 48 inches, and 20Y6 of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage nfwater and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section asclosely as possible including pipes orbarrels atflood plain elevation and/or
sills where appropriate. Widening the stream channel shall beavoided.
When topographic constraints indicate culvert slopes mfgreater than S%� 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, etcl Notification, including supporting documentation toinclude
a location map of the culvert, culvert profile drawings, and slope calculations, shall be
provided tuDVVR6Ocalendar days prior 1nthe installation ofthe 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, geotechnica| reports,
photographs, etc. shall be provided to DVVR a rnininnunl of6U calendar days prior tothe
installation of the culvert. If bedrock is discovered during construction, then DVVR shall be
notified by phone or email within 24 hours of discovery.
If other site'opecifictopognaphic 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 DVVR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water orflood conditions. When roadways,
causeways, or other fill projects are constructed across FEK4Ardesignated floodvvays or
wetlands, openings such asculverts orbridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the f|oodvvaythat 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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13.8ridge deck drains shall not discharge directly into the stream. 5tonnvvater shall be
directed across the bridge and pre-treated through site-ap prop riate means to the maximum
extent practicable (e.g. grassed sxva|es, pre -formed scour holes, vegetated buffers, etc.)
before entering the streamn.-Exceptionstothis condition require application to and written
approval from DVVR. [15ANCA[02H.0506(b)(5\l
13.App/ioation 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
NCACO38.DZOOand lSAN[ACO28.O33l]
14./f concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters ofthe state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
I5.AU proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 6Ocalendar 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, p/anforrn 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. [lSA NCA[ 02H
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 [onu0na Sediment and Erosion
Control Planning and Design Manual orthe North Carolina Surface Mining Manual orthe
North [onoVno Department nfTransportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use ofthis Certification. [I5AN[ACO2H .0506/bV2) and (c)(2)l
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 streannbankcontours 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 N[ACO2H .0506/b\(2)l
18./\ny 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
strearnbed except in specific areas required for velocity control and to ensure structural
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19.App/icat)ons for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (N[
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 in1SAN[A[07H.l4OS.
ZO./Q| 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 rnaxirnuno extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the
noaxinourn extent practicable, contamination of surface waters by fuels and oils. [15A N[A[
Zl.Heavy equipment working in wetlands shall be placed on mats orother measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
32.|n 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 lOO 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 /SEP4i
then this General Certification is not valid until a Finding of No Significant Impact (FON3U 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
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. |fOVVR 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 OVVR may revoke or
modify a written authorization associated with this General Water Quality Certification.
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GC4175
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,deq.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 ineffect
onthe date ofissuance ofCertification for aspecific project shaUrennainineffectforthe|ife
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 Genera( Permits or when deemed
appropriate bythe Director ofthe Division ofWater Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific projectrnay
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(N/DC) Number 4275issued February 1,2029 replaces
N/Q[4175 issued December 14, 2018t N/QC4244 issued December I, 2017| N/Q[48g7 issued
March 6,JO27|N/Q[Number 390Oissued March 29,2O22;N/Q[Number 3642and 3642 issued
March l!l 2007; N/Q[/Vurnbers 3372 and 3400 issued March 18, 2002; N/Q[Number 3274
issued June l, 2000; N/Q[ Number 3212 issued February 22, 1997; and kKQ[ Number 3025
issued September 6,I995.
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