20200060 Ver 1_Request for Update_20210810

Sent Via Email

August 10, 2021

US Army Corps of Engineers
Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403

North Carolina Department of Environmental Quality
Division of Water Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Attn: Mr. Gary Beecher & Mr. Robb Mairs

Re: Request for Response
SAW-2006-00669
DWR #2020-0060
Proposed Lowe’s Development
Gateway Boulevard & Ocean Gate Plaza
Leland, Brunswick County, North Carolina
H&H Job No. FAK-123

Dear Gary & Robb:

On behalf of Lowe’s Home Centers, Inc. (Lowe’s), Hart & Hickman, PC (H&H) is submitting the
following and attached information for a response to an update to the verification to use Nationwide
Permit (NWP) #39 issued on March 5, 2020 (SAW-2006-00669) and corresponding 401 Water Quality
Certification (WQC) approval (DWR #2020-0060) issued on March 5, 2020 for the proposed
development of a Lowe’s retail store. The proposed Lowe’s is located on approximately 13.15 acres
represented by portions of Brunswick County Parcel ID Numbers 0470005201 and 047EA001, which
are southeast of the intersection of Gateway Boulevard and Ocean Gate Plaza in the northwest
quadrant of the Leland Town Center development in Leland, Brunswick County, North Carolina (Site
or subject Site; see Figure 1).
Mr. Gary Beecher
Mr. Robb Mairs
August 10, 2021
Page 2

https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Freeland Kauffman -
FAK/FAK-123 Leland ESA and Wetlands/Wetlands/Permit Letter/Cover Letter - Copy.doc
On July 22, 2019, Mr. Beecher of the US Army Corps of Engineers (Corps) also issued verification to
use NWP #18 for the Leland Town Center project for the construction of a stormwater ditch and a
stormwater management area. The verification allowed for the impact of approximately 0.03 acre of
wetlands and 0.056 acre of jurisdictional open water ditch on the overall development area. The
permit also indicates that a Preliminary Jurisdictional Determination (PJD) was issued by Ms. Sarah
Hair of the Corps on July 27, 2017 and that the PJD does not have an expiration date.

In an email chain between Mr. Beecher and Ms. Dana Lutheran of Southern Environmental Group Inc.
(SEGI) dated February 24 and 25, 2020, it was determined that the 0.03 acre of wetland impact
permitted under the NWP #18 described above was a spoil pile that was inadvertently listed as an
impact in the previous permit application and that the 0.03 acre of wetland impact (i.e., spoil pile)
would not be counted as an impact in the cumulative impact total for the project.

On March 5, 2020, Mr. Beecher issued verification to use NWP #39 for the Leland Town Center
project for the development of 13 multi-family buildings and 15 multi-tenant commercial buildings.
The verification allows for the impact of approximately 0.07 acre of wetlands and 0.36 acre of
jurisdictional open water ditch on the overall development area. Additionally, a corresponding 401
WQC approval was issued by Mr. Mairs of the North Carolina Department of Environmental Quality
Division of Water Resources (DEQ DWR) for the same impacts associated with the development on
March 5, 2020. The total cumulative impact permitted by both permits (NWP #18 and NWP #39) for
the project is approximately 0.486 acre, when accounting for the deduction of the 0.03-acre wetland
impact noted above.

Since the issuance of the NWP #39 verification and 401 WQC approval in March 2020, Lowe’s has
begun planning activities for the construction of a new Lowe’s store in the northwest quadrant of the
overall development area as described above. Although the proposed Lowe’s development is not
included in the previous site plan provided for the NWP #39 verification and 401 WQC approval, the
permitted impacts remain unchanged for the Lowe’s development. Specifically, the Lowe’s
development will impact Wetland Pocket A, and sections of RPW C2 and RPW F1 as described on the
Mr. Gary Beecher
Mr. Robb Mairs
August 10, 2021
Page 3

https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Freeland Kauffman -
FAK/FAK-123 Leland ESA and Wetlands/Wetlands/Permit Letter/Cover Letter - Copy.doc
site plan prepared by Paramounte Engineering Inc. provided with the previous permit application. The
proposed Lowe’s development does not propose new impacts to wetlands or changes to wetland
impacts already permitted.

H&H is seeking approval to continue to use the Nationwide Permit #39 verification and 401 WQC
approval both dated March 5, 2020 for the proposed Lowe’s development.

Should you have questions or require additional information, please feel free to contact Danielle Clark
at 518-598-2862.

Sincerely,
Hart and Hickman, PC
Matt Bramblett, PE Danielle Clark, PWS
Principal Sr. Project Environmental Scientist

Attachments
• Figure 1 – Site Location Map
• Preliminary Site Plan prepared by Freeland & Kauffman Inc. dated February 24, 2021
• NWP #18 Verification dated July 22, 2019
• PJD dated July 27, 2017
• Email Chain dated February 24 and 25, 2020
• NWP #39 Verification dated March 5, 2020
• 401 WQC Approval dated March 5, 2020

cc: Mr. Andrew Polonus, Lowe’s (via email)
Mr. Todd Simmons, PE, Freeland & Kauffman Inc. (via email)

Copyright:© 2013 National Geographic Society, i-cubed
SITE LOCATION MAP
PROPOSED DEVELOPMENT
OCEAN GATE PLAZE & GATEWAY BOULEVARD
LELAND, NORTH CAROLINA
DATE: 5-20-21
JOB NO: FAK-123
REVISION NO: 0
FIGURE NO: 1
2923 South Tryon Street - Suite 100
Charlotte, North Carolina 28203
704-586-0007 (p) 704-586-0373 (f)
License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
SITE
Path: S:\AAA-Master Projects\Freeland Kauffman - FAK\FAK-123 Leland ESA and Wetlands\Wetlands\Figures\Figure-1_ArcMap_.mxdN
U.S.G.S. QUADRANGLE MAP
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4.
5.
7.Site Development Concerns:
A) A variance from the Town of Leland will be required
for not providing a separate employee parking area.
B) Further investigation is required to confirm the need
for a water tank.RLOWE'S HOME CENTERS, INC.
1000 LOWES BLVD.
MOORESVILLE, NC 28117
336.658.4000 (V) 336.658.3257 (F)PROJECT No:DRAWN BY: CHECKED BY:
DRAWING NUMBER:PRELIMINARY SITE PLAN
REC CRDBTS60 1200
SCALE 1" = 60'
1.Zoning: The site is zoned C2 (Commercial Business District - Regional
Business) & is in the U.S. Hwy. 17 Overlay District within the Town of
Leland, NC. The site will not require rezoning. All display items essential
to a retail establishment that are permitted in C-2 zoning are allowed in
open storage. Site Development will negotiate allowable outdoor sales,
storage, & display. The Town Ordinance requires commercial retail
containing more than 60,000 sf to provide a separate employee parking
area.
Access / Traffic: The site will be accessed by two (2) full access
entrances to Ocean Gate Plaza, two (2) full access entrance to the private
road east of the site and one (1) full access entrance to Gateway Blvd.
The intersection of U.S. Hwy. 17 and Ocean Gate Plaza is currently
Superstreet signalized.
2.
Stormwater: This plan assumes stormwater
management for Lowe's will be provided in a
regional off-site shared stormwater facility.
Wetlands: A wetland investigation has not yet
been performed. A wetlands investigation will
be completed to verify any existence during due
diligence.
Building Modifications: Architectural upgrades
are anticipated. Site development will negotiate
upgrades with municipality.
Development Agreements: TBD
GREGORY RD NEBACKHOERDNE WATERFORDWA
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OVERALL MAP 1"=400'
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PROJECT
LOCATION
U SHW Y17N 34.1236
W 78.0111
6.TRAVIS SPICERRICHARD GOODMANVICE PRESIDENTDIRECTOR - CONSTRUCTION & DEVELOPMENTJEFF GELLERMANDIRECTOR REAL ESTATE
THIS DRAWING IS THE PROPERTY OF LOWE'S
HOME CENTERS, LLC. ANY USE OR
REPRODUCTION IN WHOLE OR PART IS
PROHIBITED WITHOUT THE EXPRESSED WRITTEN
CONSENT OF LOWE'S HOME CENTERS, LLC.
COPYRIGHT 2013 ALL RIGHTS RESERVED
LOWE'S OF:LELANDLELAND, NC94K DEEP - RH
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-00669 County: Brunswick County U.S.G.S. Quad: Winnabow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Palmer Williams
Leland Town Center LLC
Address: 2709 Thorngrove Court Suite
Fayetteville NC, 28303
Telephone Number: [phone]
E-mail Address:[e-mail]
Size (acres) Project size (6.55 acres) Nearest Town Leland, NC
Nearest Waterway Jackeys Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.20950
Longitude: -78.01370
Location description: This project is located at 1241 West Gate Drive (Ploof Road Extension) in the town of Leland, Brunswick
County, NC. (Parcel ID 040005202).
Description of projects area and activity: A Nation Wide Permit 18 will be used to excavate and impact 1370 SQ FT (0.03 acres)
of Wetlands and 2461 SQ FT (0.056 acres) of Jurisdictional Open Water Ditch.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 18 (Minor Discharges)
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated July 22, 2019. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary H. Beecher at [phone] or [e-mail].
SAW-2006-00669
Corps Regulatory Official:
Date: July 22, 2019
Expiration Date of Verification: NWP expires on March 18, 2022
A. Determination of Jurisdiction:
I. ® 'There are waters, including wetlands, on the above described proicct area that may be sAbiect to Section 404 of the Clean
Water Act (CWA) (33 USC $ 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC 5 4031 This reliminaty
determination is not an appealable action i nd r the i egiiatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However. you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved. ID. the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (Ri'IA) (33 USC $ 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. El A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. [] The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination: A site visit was conducted by Sarah Hair (USACE) on July 12, 2017.
Protect Waters of the US were verified during this site visit. A PJI] was produced and signed by Ms. Bair on July 27, 2017.
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M 15
Atlanta, Georgia 30303-8801
Phone: [phone]

SAW-2006-00669
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by September 19, 2019.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Corps Regulatory Official: ______________________________________________________
Gary H. Beecher

Date of JD: July 22, 2019 Expiration Date of JD: PJD does not expire

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Copy furnished via e-mail to:

Dana Lutheran
Southern Environmental Group, Inc. (SEGI)
5315 South College Road, Suite E
Wilmington NC, 28412
[phone]
[e-mail]

SAW-2006-00669
SPECIAL CONDITIONS
1.401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina Division of
Water Resources is required, then the permittee shall provide the Corps with a copy of the required
certification or waiver of certification from the state prior to proceeding with the work in waters of the
U.S. The permittee shall comply with all conditions of the state certification.
2.Erosion Control: The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This
shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate
devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
3.Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans, which are a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached to this
authorization. Any modification to the attached permit plans must be approved by the U.S. Army
Corps of Engineers (Corps) prior to any active construction in waters or wetlands.
Action ID Number: SAW-2006-00669 County: Brunswick County
Permittee: Palmer Williams
Leland Town Center LLC
Project Name: Leland Town Center
Date Verification Issued: July 22, 2019
Project Manager: Gary Beecher
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
_______________________________________ ______________________
Signature of Permittee Date
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Leland Town Center LLC
Palmer Williams File Number: SAW-2006-00669 Date: July 22, 2019
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
•ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
•OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
•ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
•APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
•ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
•APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Gary Beecher
69 Darlington Avenue
Wilmington, North Carolina 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jordan Jessop, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
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2709 THORNGROVE COURT, SUITE 1
FAYETTEVILLE, NC 28303
02.01.19
DATE:
SCALE:
DESIGNED:
DRAWN:
CHECKED:PEI JOB#:CONCEPTUAL LAYOUT:
PRELIMINARY LAYOUT:
FINAL DESIGN:
RELEASED FOR CONST:
PROJECT STATUS REVISIONS:
DRAWING INFORMATIONSEAL CLIENT INFORMATION:
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2709 THORNGROVE COURT, SUITE 1
FAYETTEVILLE, NC 28303
02.01.19
DATE:
SCALE:
DESIGNED:
DRAWN:
CHECKED:PEI JOB#:CONCEPTUAL LAYOUT:
PRELIMINARY LAYOUT:
FINAL DESIGN:
RELEASED FOR CONST:
PROJECT STATUS REVISIONS:
DRAWING INFORMATIONSEAL CLIENT INFORMATION:
122 Cinema DriveWilmington, North Carolina 28403(910) 791-6707 (O) [phone] (F)
NC License #: C-2846
404/401 WETLAND IMPACTS
Fig. 1.002/16/06
1" = 80'
JBS
JBS
TGC HIGHWAY 17 PLOOF RD SETRADEWAY DRSITEGATEWAY BLVDOCEAN GATE PLAZAWEST GATE DRRPW IMPACTS TABLESITE I.D.RPW PERM.FILL (SF)RPW TEMP.FILL (SF)WETLANDPERM. FILL (SF)WETLANDMECHANICALCLEARING (SF)A840NA1370NAB518C365D390E348TOTAL24611370OVERALL PERMIT
From:[e-mail]
To:Danielle Clark
Cc:Matt Bramblett
Subject:FW: [Non-DoD Source] RE: Leland Town Center Phase 2
Date:Monday, June 21, 2021 5:34:02 PM
Danielle,
The following is the email string between Gary Beecher (USACE) and me, which
I initiated prior to the submittal of the NWP 39, wherein he confirms the
cumulative impacts would be less than 0.50 AC. The cumulative impact total,
for this project, is 0.486 AC.
Hope this helps.
Dana
Dana A. Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
www.segi.us
-----Original Message-----
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, February 25, 2020 7:19 AM
To: [e-mail]
Subject: RE: [Non-DoD Source] RE: Leland Town Center Phase 2
Dana,
I see now, you added the open water ditch impacts to the wetland impacts.
I thought I was missing another wetland impact. Looks like everything is
still under the .5 acre threshold.
Thanks,
Gary
-----Original Message-----
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, February 24, 2020 4:18 PM
To: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: Leland Town Center Phase 2
Hi, Gary!!
Phase I: 0.056 AC - 0.03 AC (spoil pile that was erroneously listed
as an impact) = 0.056 AC
Phase 2: 0.07 AC + 0.36 AC = 0.43 AC
Cumulative: 0.43 AC + 0.056 AC = 0.486 AC
Right?
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
Blockedwww.segi.us
-----Original Message-----
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, February 24, 2020 4:07 PM
To: [e-mail]
Subject: Leland Town Center Phase 2
Dana,
So the NWP 18 wetland fill permit that I issued was for a spoil pile?
Sweet
Let's break down the cumulative impact numbers:
Phase 1:
0.056 ac (2461 SQ FT) of RPW impacts
0.03 ac (for a spoil pile fill)
0.056 ac total impacts for Phase I
Phase II:
0.070 ac wetland impact (proposed)
0.36 ac of RPW impact
Total project Impacts:
0.092 ac of RPW (Ditch) impacts
0.070 ac of wetland impacts
Where did you get the 0.456 acres of cumulative total impacts from? That
would put this project close to the IP range, definitely would have some
serious mitigation costs.
Gary
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-00669 County: Brunswick County U.S.G.S. Quad: Winnabow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Palmer Williams
Leland Town Center LLC
Address: 2709 Thorngrove Court Suite
Fayetteville NC, 28303
Telephone Number: [phone]
E-mail Address: [e-mail]
Size (acres) 67.3 acres Nearest Town Leland, NC
Nearest Waterway Jackeys Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.20950
Longitude: -78.01370
Location description: This 67.3 acre project is located at 1241 West Gate Drive in the City of Leland, Brunswick County, NC
Parcel ID: (047EA001, 0470005202, 0470005201, 04700063). The final project will include 13 multi- family buildings and 15
multi-tenant commercial buildings.
Description of projects area and activity: This project will use a NWP 39 to fill 0.36 acres of Jurisdictional Open Water Ditches
and 0.070 acres of wetlands.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 39 Commercial Development
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated March 5, 2020. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
w-2006-00069
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at (910) 251-44694 or Garv.h.Beecheraa txsace.armv.mil.
Corps Regulatory Official;
Expiration Date of Verification: NW1?
A. Determination of Jurisdiction:
Date: March 5, 2020
9 ill expire on March 18, 2022
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section. 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the Law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction_
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-2006-00669.
D. Basis For Jurisdictional Determination; This site exhibits wetland criteria as described in the J 987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement.
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801.
Phone; [phone]

SAW-2006-00669
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by May 3, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: ______________________________________________________
Gary Beecher
Date of JD: Expiration Date of JD:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy furnished via e-mail:
Dana Lutheran
SEGI
5315 South College Road, Suite E
Wilmington, NC 28412 [phone]
[e-mail]
SAW-2006-00669
SPECIAL CONDITIONS
1.401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina Division of
Water Resources is required, then the permittee shall provide the Corps with a copy of the required
certification or waiver of certification from the state prior to proceeding with the work in waters of the
U.S. The permittee shall comply with all conditions of the state certification.
2. Erosion Control: The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This
shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
3.Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached
permit plans dated March 5, 2020, which are a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached to this
authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps
of Engineers (Corps) prior to any active construction in waters or wetlands.
Action ID Number: SAW-2006-00669 County: Brunswick County
Permittee: Palmer Williams
Leland Town Center LLC
Project Name: Leland Town Center Phase II
Date Verification Issued: March 5, 2020
Project Manager: Gary Beecher
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
_______________________________________ ______________________
Signature of Permittee Date
BRESTAURANT3,200 S.F.CRESTAURANT3,200 S.F.ALDI24222624302451011121628DUNKIN DONUTSOWNED BY OTHERS56141813978975 PARKINGTOTAL1471444119 PARKING TOTAL46 PARKING TOTAL139111095818242830243024302418x PARKING TOTAL582 PARKING TOTALHOTEL10,030SF132828106PATIO421212RETAIL B 30,000SF3236293499 PARKING TOTAL114 PARKINGTOTALSHOPS6,400 SFPATIO17164831210150'200'QSR2090 SF3ASHOPS6,000 S.F.464116RESTAURANT6,000 SFRESTAURANT5,000 SFPATIO1212892438110'-0"±RETAIL 1A22,000 SFRETAIL 3A22,000 SFRETAIL 4A28,000 SFRETAIL 5A10,000 SFRETAIL 6A12,000 SFRETAIL 7A6,000 SFRETAIL 8A6,000 SFRETAIL 2A21,000 SF120'-0"±120'-0"±130'-0"±70'-0"±75'-0"±60'-0"±60'-0"±154'-8"±187'-8"±180'-0"±212'-5"±142'-0"±160'-0"±100'-0"±100'-0"±531 PARKING TOTAL34 PARKING TOTAL110 PARKING TOTALOWNED BY OTHERSST
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WET R.P.W. D2STORMWATER POND #244.40 ACREPROJECT AREAFOR WETLANDIMPACTSWETLANDPOCKET AR.P.W. B2R.P.W. HR.P.W. ER.P.W. C2R.P.W. F1R.P.W. GR.P.W. A2R.P.W. D3R.P.W. F2R.P.W. C3PIPE STUBFOR FUTURECONNECTIONDRAINAGE ESMT.MB 49 PG 70WETLAND IMPACTS - NWP
Fig. 2.002/16/06
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TGC
LELAND TOWN CENTER TRADEWAY & OCEAN GATE BLVD.TOWN OF LELAND, NC18436.PELELAND TOWN CENTER, LLC
2709 THORNGROVE COURT, SUITE 1
FAYETTEVILLE, NC 28303
02.01.19
DATE:
SCALE:
DESIGNED:
DRAWN:
CHECKED:PEI JOB#:CONCEPTUAL LAYOUT:
PRELIMINARY LAYOUT:
FINAL DESIGN:
RELEASED FOR CONST:
PROJECT STATUS REVISIONS:
DRAWING INFORMATIONSEAL CLIENT INFORMATION:
122 Cinema DriveWilmington, North Carolina 28403(910) 791-6707 (O) [phone] (F)
NC License #: C-2846 HIGHWAY 17 PLOOF RD SETRADEWAY DRSITEGATEWAY BLVDOCEAN GATE PLAZAWEST GATE DRPH II IMPACTS TABLESITE I.D.RPW PERM.FILL (SF)WETLANDPERM. FILL (SF)A2 (4.5' BW)1638.0B2 (3.5' BW)2607.5C2 (3.0' BW)1296C3 (3.0' BW)1272D2 (3.0' BW)1254.0D3 (3.0' BW)441E (4.0' BW)3568.0F1 (3.0' BW)1272F2 (4.0' BW)1056G0H (2.5' BW)1342.5WETLAND A3188PH II TOTAL18935.0NAUS 17 - OCEAN HWYSITE DATAPROJECT NAME:LELAND TOWN CENTER PHASE IISITE ADDRESS:GATEWAY BLVD, LELAND, NCPARCEL IDS:047EA001, 0470005202, 0470005201, 04700063,PROPERTY OWNER: LELAND TOWN CENTER, LLCOVERALL SITE AREA: 67.3 ACRESSUBDIVISION TO OCCUR IN FUTURECURRENT ZONING: LE-C-2 (COMMERCIAL)CURRENT USE:RETAIL/ RESTAURANTFUTURE ZONING:MULTI-FAMILY (MF)DIMENSION REQUIREMENTSC-2 REQUIREDMF REQUIREDFRONT SETBACK25' 30'SIDE SETBACK7.5'7.5'REAR SETBACK15'20'MAX. HEIGHT40'40'SCREENED BUFFERS: LEVEL II - 14' (BUSINESS TO MF SUBDIVISION)MF DWELLING UNITS/AC 16 DU/AC REQ'D312 DU / 20.6 AC (MF) = 15.1 DU/ ACFLOOD NOTE:THIS TRACT DOES NOT LIE WITHIN SPECIAL FLOOD HAZARDZONES, ACCORDING TO FEMA FIRM COMMUNITY-PANELNUMBER 3720219600K, BEARING A REVISED DATE OFAUGUST 28, 2018.BUILDING INFORMATIONBUILDING USE:MULTI-TENANT COMMERCIAL(RETAIL, RESTAURANT, HOTEL, OFFICES)ANCHOR RETAIL SPACES:127,000 SFSTAND-ALONE RESTAURANT/RETAIL: 17,400 SFMULTI-TENANT RETAIL:12,400 SFHOTEL:10,030 SFSTAND-ALONE RETAIL:30,000 SFTOTAL FOOTPRINT:196,830 SFFUTURE BUILDINGS: APARTMENT / MULTI-FAMILY(13) 24-UNIT BUILDINGS = 312 UNITSWETLAND NOTE:THIS TRACT DOES CONTAIN WETLANDS ACCORDING TO USACE SAW2006-00669 DATED JULY 27, 2017 AS PRELIMINARY DETERMINATION, HOWEVER,FOR THIS SITE THERE ARE NO JURISDICTIONAL WATERS OF THE US.DRAINAGE ESMT
DocuSign Envelope ID: 9232435B-7B91-442C-ACO2-BA79EFF9AC61
ROY COOPER
Governor
MICHAEL S. PECAN
Secretary
S. DANIEL SMITH
Director
Leland Town Center, LLC
Attn: Palmer Williams
2709 Thorngrove Court Suite
Fayetteville, NC 28303-2971
NORTH CAROLINA
Environmental Quality
March 5, 2020
DWR Project # 2020- 0060
Brunswick County
Subject Property: Approval of 401 Water Quality Certification with Additional Conditions
1241 West Gate Drive — Leland, NC 28451
Dear Mr. Williams:
You have our approval, in accordance with the attached conditions and those listed below to
allow for the permanent fill impacting approximately 0.07 acres of wetlands and for the
permanent fill impacting approximately 0.36 acres of open water area, as described in your
application received by the N.C. Division of Water Resources (DWR) on January 9, 2020,
sequential information received on March 5, 2020. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Numbers 4139
GC4139).
This Certification allows you to use the Nationwide Permit 39 when issued by the U.S. Army
Corps of Engineers. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval
to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 Permit. This Certification can also be found
on line at: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter
and is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to
follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. 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 the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NOATN CAROLINA
D.P.m W a E.11-bi 910.796.7215
DocuSign Envelope ID: 9232435B-7B91-442C-ACO2-BA79EFF9AC61
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {15A NCAC 02H .0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The applicant
will also be required to evaluate all acquired permits to assure that they are consistent and all
relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502
b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification.
3. A pre -construction meeting is recommended to be held with the Division prior to the start
of the project phases so that the contractors and/or agents fully understand the conditions
associated with this certification. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing)
prior to any land disturbing activities and must be maintained on the property until the project
phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
6. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely
inspected and properly maintained, and excavated materials should be contained outside the
wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on
aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of
gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
7. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.
8. The permittee shall require its contractors and/or agents to comply with the terms 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 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)]
9. Continuing Compliance
DocuSign Envelope ID: 9232435B-7B91-442C-ACO2-BA79EFF9AC61
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, than the Division
may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
10. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or
chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality,
between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910. 796.7215 and after
hours and on weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A
NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
11. 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)].
12. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during
normal business hours 15A NCAC 02H.0502(e).
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is
required to return a completed certificate of completion form to the NCDEQ DWR 401 and
Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh,
NC, 27699 within ten days of project completion. The certification of completion is available at:
https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
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. oah.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
8:00 am and 5:00 pm, excluding official state holidays).
DocuSign Envelope ID: 9232435B-7B91-442C-ACO2-BA79EFF9AC61
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.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
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:
Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR
Wilmington Regional Office at 910.796.7303 or Robb. Mairs(a)ncdenr.gov.
Sincerely, DocuSigned by,
4 11bvY lla S
E3ABA14AC7DC434...
Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4139
Cc: Dana Lutheran, Southern Environmental Group, Inc., EC
Gary Beecher, USACE Wilmington Regulatory Field Office, EC
DWR 401 & Buffer Permitting Branch file-LF
Wi RO
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
Page 2 of 11
GC4139
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)]
Page 3 of 11
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.
Page 4 of 11
GC4139
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 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
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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GC4139
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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GC4139
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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GC4139
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]
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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GC4139
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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