SW4210302_2021-03-31 NCDEQ Submittal_20210423

C D Civil",, esign
Concepts. PA`.
Transmittal
Date: March 31, 2021
Project Name: Appalachian State University Poplar Grove Child Development Center
Expansion
CDC Project: 21965
To: NCDEQ — Winston-Salem Regional Office
Erosion and Sediment Control
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Via: ❑ Mail ® Overnight ❑ Hand Delivered ❑ Pick up @ CDC Office ❑ Digital
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Description
Cover Letter
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Financial Responsibility/Ownership Form (Original and Copy)
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Permit Processing Fee ($130, Check No. 7061)
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Erosion and Sediment Control Plan Preliminary Review Checklist
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Engineering Plans
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Hydrology and Erosion Control Study
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Deed (Book 2150, Page 777)
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Approval of 401 Water Certification with Additional Conditions
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Remarks:
Please review the provided application for erosion and sediment control approval. The project is
located in the Town of Boone and is owned and will be improved by Appalachian State
University.
Michael in, P.E.
Mailing Address: P.O. Box 5432, Asheville, NC 28813
168 Patton Avenue Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786
Phone [phone] Fax [phone] Phone: [phone] Fax: [phone]

CU civil.
Concepts, PA
March 31, 2021
NCDEQ — Winston-Salem Regional Office
Erosion and Sediment Control
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
RE: Appalachian State University Poplar Grove Child Development Center Expansion
CDC Project Number: 21965
To Whom It May Concern,
On behalf of Appalachian State University, we are submitting a package for Erosion and
Sediment Control permitting for the referenced project. The site is an existing daycare facility
that will be expanding its building footprint and improving parking and traffic circulation. The
result of the expansion required a 401 Water Quality Certification which was granted with
conditions (DWR #20200705) on September 28, 2020. Although the project will be permitted
by the Town of Boone because there is state money involved in the project, we are also required
to seek NCDEQ approval.
Please find enclosed the following items for your review.
• Financial Responsibility/Ownership Form (Original and Copy)
• Permit Processing Fee ($130, Check No. 7061)
• Erosion and Sediment Control Plan Preliminary Review Checklist
• Engineering Drawings (2 Copies)
• Hydrology and Erosion Control Study
• Deed (Book 2150, Page 777)
• Approval of 401 Water Certification with Additional Conditions
Stormwater from the site will be collected, treated for stormwater quantity/quality as required by
Town of Boone and State of North Carolina ordinances, and discharged to an existing stream on
site. If beneficial, a copy of the Town's stormwater approval can be provided, when available.
If you should have any questions or need any additional information during your review, please
do not hesitate to call our office.
Sincerely,
Michael ain, P.E.
[e-mail]
Mailing Address: P.O. Box 5432, Asheville, NC 28813
168 Patton Avenue Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786
Phone [phone] Fax [phone] Phone: [phone] Fax: [phone]

FINANCIAL RESPONSIBILITYIOWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by
the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the
appropriate Regional Office. (Please type or print and, if the question is not applicable or the a-mai[ and/
or fax information unavailable, place NIA in the blank.)
Part A. ASU Poplar Grove Child Development Center Expansion
1. Project Name p p p
2. Location of land -disturbing activity: County Watauga City or Township Boone
Highway/Street Poplar Grove Road Latitude 36 deg 13' 1.68" N Longitude -81 deg 41' 30.56" W
3. Approximate date land -disturbing activity will commence: April 2021
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Institutional
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 1.58
6. Amount of fee enclosed: $130 . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
.Name David Jones E-mail [e-mail]
Telephone [phone] Cell # 828-964-1237 Fax #
9. Landowner(s) of Record (attach accompanied page to list
`additional. owners):
The Board of Trustees of the Endowment Fund of Appalachian State Unkershy 828-262 -2040
Name Telephone Fax Number
438 Academy Street, BB DoughertyAdminrstration Building Same
Current Mailing Address. Current Street Address
Boone, NC 28608 Same
City State Zip City State Zip
10. Deed Book No. 2150 Page No. 777 Provide a copy of the most current deed.
Part B.
1. Company(ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet.) if the company orfirm is a sole proprietorship,
the name of the owner or manager may be listed as the financially responsible party.
The Board of trustees of the Endowment Fund of Appalachian State Unkersky j ones dr2 cD a ppstate. ed u
Name E-mail Address
438 Academy Street, BB Dougherty Administration Building
Current Mailing Address Current Street Address
Boone, NC 28608
City State Zip City State Zip
Telephone [phone] Fax Number

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
NA
Name
Current Mailing Address
City State Zip
Telephone
E-mail Address
Current Street Address
City State Zip
Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party, is a Corporation, give name and street address of the Registered Agent:
NA
Name of Registered Agent
Current Mailing Address
Email Address
Current Street Address
City State Zip City State Zip
Telephone Fax Number
The above information is true and correct to the best of my knowledge'and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an'individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Dr. Sheri Everts & Paul Forte
Type or nt n e
Signature 11j ce} r , us r5
Chancellor & VC of Business Affairs
Title or Authority
Date
I, L196 A-ff", 0&_,L , a Notary Public of the County of LrJ
State of North Carolina, hereby certify that P `x- appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this
Seal:
.16
day of , 20.
My commission expires

DATE I INVOICE NO I CCeMMEdiF
1/2021 1 121965 ASU Child Dev Center Land Disturbance App
DATE03/31/21 VENDOR NCDEQ
1
130 A0
TOTAL 1 130.00
FIRST CITIZENS BANK
239 FAYE 7EVILLEST
RALEIGH, NC 27601
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66-301531 - -
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DATE.
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03/31/21
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EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST
The following items shall be incorporated with respect to specific site conditions, in an erosion & sedimentation control plan:
NPDES Construction Stormwater General Permit NCG010000
0 Designation on the plans where the 7 or 14 day ground stabilization requirements apply per Part II.E.1 of the permit.
0✓ Design of basins with one acre or more of drainage area for surface withdrawal as per Part II.B.8 of the permit.
LOCATION INFORMATION
0 Project location & labeled vicinity map (roads, streets, landmarks)
0✓ North arrow and scale
0 Identify River Basin.
0 Provide a copy of site located on applicable USGS quadrangle and
NRCS Soils maps if it is in a River Basin with Riparian Buffer
requirements.
GENERAL SITE FEATURES (Plan elements)
0✓ Property lines & ownership ID for adjoining properties
Q✓ Existing contours (topographic lines)
0 Proposed contours
0 Limits of disturbed area (provide acreage total, delineate limits,
and label). Be sure to include all access to measures, lots that will
be disturbed, and utilities that may extend offsite.
e✓ Planned and existing building locations and elevations
✓ Planned & existing road locations & elevations, including
temporary access roads
0✓ Lot and/or building numbers
Q✓ Hydrogeologic features: rock outcrops, seeps, springs, wetland
and their limits, streams, lakes, ponds, dams, etc. (include all
required local or state buffer zones and any DWQ Riparian Buffer
determinations)
Q✓ Easements and drainageways, particularly required for offsite
affected areas. Include copies of any recorded easements and/or
agreements with adjoining property owners.
✓ Profiles of streets, utilities, ditch lines, etc.
✓ Stockpiled topsoil or subsoil locations
✓ If the same person conducts the land -disturbing activity & any
related borrow or waste activity, the related borrow or waste
activity shall constitute part of the land -disturbing activity unless
the borrow or waste activity is regulated under the Mining Act of
1971, or is a landfill regulated by the Division of Waste
Management. If the land -disturbing activity and any related
borrow or waste activity are not conducted by the same person,
they shall be considered separate land -disturbing activities and
must be permitted either through the Sedimentation Pollution
Control Act as a one -use borrow site or through the Mining Act.
Q✓ Location and details associated with any onsite stone crushing or
other processing of material excavated. If the affected area
associated with excavation, processing, stockpiles and transport
of such materials will comprise 1 or more acres, and materials will
be leaving the development tract, a mining permit will be required.
Q✓ Required Army Corps 404 permit and Water Quality 401
certification (e.g. stream disturbances over 150 linear feet)
EROSION & SEDIMENT CONTROL MEASURES (on plan)
Q✓ Legend (provide appropriate symbols for all measures and
reference them to the construction details)
0✓ Location of temporary measures
0 Location of permanent measures
Q✓ Construction drawings and details for
temporary and permanent measures. Show measures to scale on
plan and include proposed contours where necessary. Ensure
design storage requirements are maintained through all phases of
construction.
Q✓ Maintenance requirements for measures
Q Contact person responsible for maintenance
SITE DRAINAGE FEATURES
Q Existing and planned drainage patterns (include off -site areas that
drain through project and address temporary and permanent
conveyance of stormwater over graded slopes)
0 Method used to determine acreage of land being disturbed and
drainage areas to all proposed measures (e.g. delineation map)
0✓ Size, pipe material and location of culverts and sewers
0 Soil information: type, special characteristics
0✓ Soil information below culvert storm outlets
0 Name and classification of receiving water course or name of
municipal operator (only where stormwater discharges are to
occur)
STORMWATER CALCULATIONS
Q✓ Pre -construction runoff calculations for each outlet from the site (at
peak discharge points). Be sure to provide all supporting data for
the computation methods used (rainfall data for required storm
events, time of concentration/storm duration, and runoff
coefficients).
0✓ Design calculations for peak discharges of runoff (including the
construction phase & the final runoff coefficients for the site)
Q✓ Design calcs for culverts and storm sewers (include HW, TW and
outlet velocities)
Q✓ Discharge and velocity calculations for open channel and ditch
flows (easement & rights -of -way)
Q✓ Design calcs for cross sections and method of stabilization for
existing and planned channels (include temporary linings). Include
appropriate permissible velocity and/or shear stress data.
0✓ Design calcs and construction details for energy dissipaters below
culvert and storm sewer outlets (include stone/material specs &
apron dimensions). Avoid discharges on fill slopes.
Q✓ Design calcs and dimension of sediment basins (note current
surface area and dewatering standards as well as diversion of
runoff to the basins). Be sure that all surface drains, including
ditches and berms, will have positive drainage to the basins.
VEGETATIVE STABILIZATION
Q✓ Area & acreage to be stabilized with vegetation
✓ Method of soil preparation
✓ Seed type & rates (temporary & permanent)
0✓ Fertilizer type and rates
Q✓ Mulch type and rates (include mulch anchoring methods)
NOTE: Plan should include provisions for groundcover in accordance with
NPDES Construction Stormwater General Permit NCG010000.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
0✓ Completed, signed & notarized FR/O Form
0 Accurate application fee payable to NCDEQ ($65.00 per acre
rounded up the next acre with no ceiling amount)
0 Certificate of assumed name, if the owner is a partnership
Name of Registered Agent (if applicable)
✓ Copy of the most current Deed for the site. Please make sure the
deed(s) and ownership information are consistent between the
plan sheets, local records and this form.
0✓ Provide latitude & longitude (in decimal degrees) at the project
entrance.
0✓ Two hard -copies of the plans (some regional offices require
additional plans or multiple sizes; please contact the regional
coordinator prior to such submittal.)
NOTE: For the Express Permitting Option, inquire at the local Regional
Office for availability. Express Reviews are performed by
appointment only.
NARRATIVE AND CONSTRUCTION SEQUENCE
Q Narrative describing the nature & purpose of the construction
activity.
ePre -construction conference, if requested.
✓ Construction sequence related to erosion and sediment control
(including installation of critical measures prior to the initiation of
the land -disturbing activity & removal of measures after areas they
serve are permanently stabilized). Address all phases of
construction and necessary practices associated with temporary
stream bypasses and/or crossings.
0✓ Bid specifications related only to erosion control
rev. 10122020

FILED Amy J Shook
Register of Deeds, Watauga Co, NC
Fee Amt $26, 00
Bk 2150 Pg 777 (2)
Recorded 12J15/2020 at 02, 43:14 PM
Doc No: 699711 Kind ORD
/ RETURN TO MARLENE CROSBY Il 9711
111
./ AT THE TIME OF RECORDING
Please return to:
Town of Boone Planning & Inspections Department
Attention: Annexation
680 West King Street, Suite C
Boone, North Carolina 28607
Ordinance Number: 20-11
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF BOONE, NORTH CAROLINA
(The Board of Trustees of the Endowment Fund of Appalachian State University)
WHEREAS, the Town Council has been petitioned under G.S. 160A-31 to annex the area
described below; and
WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the
sufficiency of the petition; and
WHEREAS, the Town Clerk has certified the sufficiency of the petition and a public hearing on
the question of this annexation was held by WebEx, a video conferencing software, on July 14, 2020,
after due notice by the Watauga Democrat on July 1, 2020; and
WHEREAS, the Town Council finds that the petition meets the requirements of G.S. 160A-31;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Boone, North Carolina
that:
Section 1. By virtue of the authority granted by G.S. 160A-31, the following described
territory is hereby annexed and made part of the Town of Boone, as of September 17, 2020.
Lying and being in both The Town of Boone and Brushy Fork Townships, and being more
particularly described as follows: BEGINNING at a calculation point lying in the Center of SR 1185 (Poplar
Grove Rd.) said point being the terminus of the 5th call of Deed Book 1896, Page 405 and the terminus
of the 6th call of Deed Book 164, Page 631, formerly a railroad spike thence leaving center of said road,
S 39°31'54" W a distance of 286.44' (passing a set rebar with M&C cap at 50.01') to a calculation point,
said point being the Point of Beginning; thence S 39°31'54" W a distance of 190.62 'to a set nail; thence
S 04°19'43" W a distance of 210.81' to a set rebar with M&C cap; thence S 85°32'50" E a distance of
413.98' to a set rebar with M&C cap; thence N 16°28'37" W a distance of 146.02' to a calculation point;
thence N 43°11'28" W a distance of 342.00' to the point of BEGINNING. CONTAINING 2.27 Acres, more
or less, and BEING a part of two certain tracts of land described in deeds dated December 20th, 2016
and October 15th, 1990, from Appalachian Student Housing Corporation and James C. Greene, Jr and
wife, Frances T. Greene, to The Board of Trustees of the Endowment Fund of Appalachian State
University.
Section 2. Upon and after September 17, 2020, the above described territory and its
citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town
of Boone and shall be entitled to the same privileges and benefits as other parts of the Town of Boone.
Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Boone shall cause to be recorded in the office of the
Register of Deeds of Watauga County, and in the office of the Secretary of State at Raleigh, North
Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly
certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections as
required by G.S. 163-288.1.

Bk 2150 P9 778
Doc No: 699711 Kind, ORD
BK 2150 PG 778 DOC# 699711
ATTEST:
Adopted this nod yofSeptember,2020.
Nicole Worlev. Town Clerk
Rennie Brantz, Mayo
APPROVED AS TO FORM:
P pk��
Allison Meade Town Attorney

DocuSign Envelope ID: C31370F1-B905-4B17-9C9C-B6B7519A2AB8
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 28, 2020
DWR #20200705
Watauga County
Board of Trustees of the Endowment Fund of Appalachian State University
Attn: Ms. Sheri Everts
PO Box 32126
Boone, NC 28608
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
ASU Child Care Expansion
Dear Ms. Everts:
You have our approval for the impacts listed below for the purpose described in your application dated
May 26, 2020, received by the Division of Water Resources (Division) May 27, 2020 and payment
received May 28, 2020, with subsequent information on June 5, 2020, August 18, 2020, September 22,
2020 and September 25, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the conditions listed below. This certification is associated with the use
of Nationwide Permit Number 39 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) 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 of the Conditions listed below and
all of the conditions of the applicable Water Quality General Certification, are met. No other
impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
149 (linear feet)
0 (linear feet)
404/401 Wetlands
0.052 (acres)
0 (acres)
�IN'Af�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office i 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
NOhr C
D. __Wai o-o�ma�io�a� /"� 336.776.9800

DocuSign Envelope ID: C31370F1-B905-4B17-9C9C-B6B7519A2AB8
Board of Trustees of the Endowment Fund of Appalachian State University
DWR# 20200705
401 Certification
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (c)]:
Compensatory Mitigation Required River and Sub -basin Number
Stream 1 149 (feet) New (05050001)
4. You are required to secure an approved Stormwater Management Plan (SMP) from NCDEQ-
DEMLR before any impacts authorized in this certification occur. After it is approved, the SMP
may not be modified without prior written authorization from NCDEQ-DEMLR [15A NCAC 02H
.0506(b)]
The permittee shall report to the Winston Salem Regional Office any noncompliance with the
conditions of this Certification, the conditions of the applicable Water Quality General
Certification to sediment impacts. 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 reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
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. 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).

DocuSign Envelope ID: C31370F1-B905-4B17-9C9C-B6B7519A2AB8
Board of Trustees of the Endowment Fund of Appalachian State University
DWR# 20200705
401 Certification
Page 3 of 3
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 Department of Environmental Quality:
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 and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you
have any questions or concerns.
Sincerely,
Doc uSiTgned by:
-4'ME225CUEA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Tyson Kurtz, ClearWater Environmental (via email)
Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4139
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 18 (MINOR DISCHARGES),
• NATIONWIDE PERMIT NUMBER 29 (RESIDENTIAL DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 41(RESHAPING EXISTING DRAINAGE DITCHES),
• NATIONWIDE PERMIT NUMBER 42 (RECREATIONAL FACILITIES),
• NATIONWIDE PERMIT NUMBER 44 (MINING ACTIVITIES),
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER 51(LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
• NATIONWIDE PERMIT NUMBER 52 (WATER BASED RENEWABLE ENERGY GENERATION
PILOT PROJECTS).
Water Quality Certification Number 4139 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 33 CFR 330 Appendix A (B) (18, 29,
39, 40, 41, 42, 44, 46, 51 and 52) 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: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director

GC4139
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) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging other than excavation that is
conducted as preparation for installing permanent fill or structures; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
f) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
g) 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:
L Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater program' or a state -approved local government stormwater
program2.
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
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or
National Wild and Scenic River; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL) [15A NCAC 02H .0506]; or
j) 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
k) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect
at the time of application) unless:
L The activities are listed as "EXEMPT" from these rules; or
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
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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.
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval.
I. ACTIVITY SPECIFIC CONDITIONS:
1. 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)]
2. 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)]
3. 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)]
4. For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provide documentation that any sediment that may be released has similar
or lower level of contamination than sediment sampled from downstream of the dam in
accordance with Session Law 2017-145.
5. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high -
density projects that trigger threshold Item (g) above shall comply with one of the following
requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
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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 calculations to document 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
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
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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 046 .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]
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]
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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 0413.01251
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
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)]
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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.
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)]
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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 026 .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 02B .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)]
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.
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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)]
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)]
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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)]
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.
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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 4139 issued December 1, 2017
replaces WQC 4092 issued March 3, 2017; WQC 3890 issued March 19, 2012; replaces WQC
Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402 issued
March 28, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1, 2000;
WQCs 3106 and 3108 issued February 11, 1997.
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