20201842 Ver 2_More Info Requested_20210819

Strickland, Bev
From: Sullivan, Shelton
Sent: Thursday, August 19, 2021 5:36 PM
To: [e-mail]
Cc: Wojoski, Paul A; 'Hopper, Christopher D CIV (USA)'; Trone, Rick V; Charles Pender;
Jessica Batten
Subject: RE: [External] RE: Cleveland Bluffs Restoration Plan - More Info Requested
Attachments: Cleveland Bluffs Restoration ADD INFO_8-19-2021.pdf; GC4134.pdf
David,
Here is our requested information regarding the stream restoration plan for UT1.
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
[phone] office
[phone] current cell
[phone] fax
shelton.sullivan©ncdenr.gov
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, August 13, 2021 3:16 PM
To: Sullivan, Shelton <[e-mail]>; Trone, Rick V <[e-mail]>; 'Hopper, Christopher D
CIV (USA)' <[e-mail]>
Cc: Wojoski, Paul A <[e-mail]>
Subject: RE: [External] RE: Cleveland Bluffs Restoration Plan - More Info Requested
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Good afternoon Shelton,
I wanted to touch base and see if you had a chance to speak with Paul concerning the stream restoration.

Please fell free to call and discuss as well.
Thank you
David
Southern Environmental Group, I tc
5315 South CourgeRoad SuiteE
Wilmington, Sort Carolina 2&112
Phone: 91045: 2111
Fax [phone]
\1o6ile: 910.1433330
From: Sullivan, Shelton <[e-mail]>
Sent: Thursday, July 15, 20214:02 PM
To: [e-mail]; Trone, Rick V <[e-mail]>; 'Hopper, Christopher D CIV (USA)'
<[e-mail]>
Cc: Wojoski, Paul A <[e-mail]>
Subject: RE: [External] RE: Cleveland Bluffs Restoration Plan - More Info Requested
I will discuss with Paul and get back to you.
Regards,
Shelton Sullivan
NC Division of Water Resources
401 & Buffer Permitting Branch
shel ton.sullivan @ncdenr. gov
919-707-3636 office
919-239-0238 current cell phone
From: [e-mail] <[e-mail]>
Sent: Thursday, July 15, 2021 3:48 PM
To: Sullivan, Shelton <[e-mail]>; Trone, Rick V <[e-mail]>; 'Hopper, Christopher D
CIV (USA)' <[e-mail]>
Cc: Wojoski, Paul A <[e-mail]>
Subject: [External] RE: Cleveland Bluffs Restoration Plan - More Info Requested
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Report Spam.
Good afternoon Shelton,
I appreciate the information and will review / update the plan.
I do have some concern on the requested design in terms of sinuosity and plantings. We had discussed restoring the
stream to its original condition which was more of a "swale" (for lack of a better term) then a natural stream feature.
While I do understand the agencies desire to have it restored to a more natural system, what was there originally did
not contain the sinuosity and vegetation outlined in your request.
I'm hoping we are close to resolving all the outstanding issues at Cleveland Bluff's am sure we can work through this
quickly. Is there a time in the next couple days you and I can discuss this on the phone?
2

Let me know when you are available.
Thank you
David
From: Sullivan, Shelton <[e-mail]>
Sent: Thursday, July 15, 2021 2:49 PM
To: [e-mail]; Trone, Rick V <[e-mail]>; 'Hopper, Christopher D CIV (USA)'
<[e-mail]>
Cc: Wojoski, Paul A <[e-mail]>
Subject: Cleveland Bluffs Restoration Plan - More Info Requested
David,
Please see the attached information requested regarding the restoration plan.
Regards,
Shelton Sullivan
NC Division of Water Resources
401 & Buffer Permitting Branch
shel ton.sullivan @ncdenr. gov
919-707-3636 office
919-239-0238 current cell phone

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 19, 2021
Mr. David A. Syster
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
(Sent via email to [e-mail])
Cleveland Bluff's Stream Restoration Plan
DWR # 20201842 Version 2
Johnston County
Subject: REQUEST FOR ADDITIONAL INFORMATION
Cleveland Bluff s Stream Restoration Plan
Dear Mr. Syster,
On April 5, 2021, the Division of Water Resources ("Division" or "DWR") received your modified
pre -construction notification ("application") requesting a 401 Water Quality Certification for the
referenced project.This application was submitted pursuant to the Settlement Agreement2 signed in
October 2020 in order to resolve site violations,3 including unauthorized impacts to Stream "UT1."
The application included a stream restoration plan for UT1 titled: Cleveland Bluff's Stream Restoration
Plan, dated December 23, 2020 and prepared by your office. The Division has determined that this
restoration plan is incomplete and cannot be approved until the items in this letter are addressed and
the Division receives a complete response to the information requested. Please note that this stream
restoration review is related, but separate from the 404/401 impacts that are currently under review for
after -the -fact authorization.
Along with the comments outlined above and below, minimum stream restoration requirements can be
found in the General Conditions of 401 Water Quality General Certification (WQGC) Number 4134
which is attached for reference. As noted above, a complete response to these items are needed to
approve the Cleveland Bluff's Stream Restoration Plan. The comments and information requests below
are combined with the comments communicated on July 15, 2021 via email. The restoration plan
review is on -hold until all the following items are addressed and the Division receives a complete
response to the information requested below:
1. The restored stream channel (UT1) should be placed in the location of the original stream channel.
On -site evidence indicates a well -formed stream exists above the impacted reach of UT1. In
' This April 5, 2021 application is the second received by NC DWR for the project. The first application, received December 2, 2020,
was denied on March 19, 2021 due to incomplete information.
2 NC Office of Administrative Hearings. Case Number 20 EHR 02971
3 NC DWR. Notice of Violation Number PC-2020-0014
£ D_E
NORTH CAROLINA
Department of Environmental (Main
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DWR # 20201842 Version 2
Cleveland Bluffs Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 2 of 4
addition, historical aerial images show a channel existed within the impacted reach of UT1 as well.
To satisfy the requirements of the Settlement Agreement, the restored stream channel must be
reestablished in the area of the original stream channel and be designed to mimic the natural
conditions of the original channel as much as possible. At a minimum, the goal is to create a stable,
vegetated, non -incised stream channel that is sinuous and can access its floodplain. Minimum
stream restoration requirements can be found in the General Conditions of 401 Water Quality
General Certification (WQGC) Number 4134 which is attached for reference.
2. Restoration of 456 linear feet of UT1 is to resolve the violation associated with the unauthorized
placement of a culvert and fill in UT1. As a corrective action to a violation, the restoration cannot
count toward any mitigation requirements triggered by the after -the -fact 401 Certification for other
parts of the project. Therefore, please amend the proposed mitigation plan and the 401 Water
Quality Certification Application as applicable.
3. Please explain how the restoration work will be completed in the dry. Please provide supporting
exhibits for any proposed stream flow pump around or detail other methods planned to accomplish
this.
4. Please design and implement proper erosion control measures to prevent downstream
sedimentation once land disturbance begins. Please provide the sediment and erosion control plans
as a part of the submittal. Consultation with Johnston County to ensure compliance with their
erosion control ordinance is recommended.
5. Provide details on the placement location of the removed soil and explain how they will be
stabilized to prevent downstream sedimentation once land disturbance begins.
6. The restored channel bed should not be at a lower elevation than the inverts of the existing culverts.
The stream bed should be designed to be above the bottom of the culvert and at an elevation that
is equal to 20% of the culvert pipe diameter. This should be designed on the upper and lower ends
of the feature to allow low flow passage of water and aquatic life.
7. DWR requires a natural channel design for stream restoration including the following items:
a. Please provide modeling data or other calculations to support proposed channel depth given
the 20-acre drainage area.
b. The channel depth should be designed to access a flood plain. If there are land constraints,
then construct benches above the main channel thalweg, all within the total channel width. The
full width may need to be adjusted to accomplish this design. Some sinuosity should be
designed within the restoration width to help reduce the velocity and reduce the potential for
erosion along the stream channel.
c. Reduce the depth of the bed as much as possible, at least in the riffle sections of the stream to
allow access to the adjacent floodplain.

DWR # 20201842 Version 2
Cleveland Bluffs Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 3 of 4
d. The current gravel bottom channel design is not a natural stream restoration design. The stream
restoration design should include bedform diversity (i.e., riffle — pool sequence). Riffle
material should be appropriately sized to handle calculated discharge velocities. Additionally,
adding rock/wood structures for grade control and bank toe protection should be considered
for long-term stream stabilization and aquatic habitat. The channel bottom design width should
be detailed on the typical cross section provided or with an additional drawing. Please include
other standard stream design values such as sinuosity, bank full cross -sectional area,
width/depth ratio, bank height ratio, and entrenchment ratio.
e. Any matting in the stream bed and banks should not consist of geotextile material but rather a
coir matting or other biodegradable material and stabilized with vegetation.
f. Riprap shall not be installed in the streambed except in specific areas required for velocity
control and to ensure structural integrity of bank stabilization measures. For example, riprap
can be used at the inlet and outlet of the installed culverts.
8. Minimum Vegetation Requirements
a. Stream restorations require native woody stem plantings with live stakes (shrub and/or trees)
for long-term stream stabilization, habitat and water quality.
b. Provide two rows of live stakes, spaced approximately 8-10 feet apart, to be installed along the
mid/upper bank slope.
c. Provide at least one row of native bare root (or container) plantings be installed approximately
3-6 feet back from the top of bank and spaced 8-10 feet apart.
d. Please modify the permanent and temporary seeding plans that account for the specific woody
stems and seed mix to be used.
e. All plantings should be planted in the upcoming dormant season for the specific ecoregion
(2021-2022)
9. Irrigation
a. To ensure survival, please utilize the pond or other water source for irrigation of the restoration
plantings during the first growing season.
10. Monitoring
a. Once restoration is completed, send confirmation and pictures to DWR, Shelton Sullivan
[e-mail] and Paul Wojoski at [e-mail].
b. The restoration area should then be monitored quarterly for the first year and then annually for
a total of 5 years as specified in the proposal. Send the monitoring reports with photographs
quarterly for the first year and then by November 30 of the following years. Send the reports
to Shelton Sullivan [e-mail] and Paul Wojoski at
[e-mail].
c. The monitoring criteria should include:
i) In addition to the criteria in the proposal, choose at least two cross sections (1 riffle, 1 pool)
to track aggradation, degradation, and bank scour.
ii) In addition to the criteria in the proposal, choose at least two vegetation plots/transects to
track species, coverage, stem density and vigor.

DWR # 20201842 Version 2
Cleveland Bluffs Stream Restoration Plan
DWR Comments and Addition Information Requested
Page 4 of 4
d. Replant as needed to meet the required success criteria. If replanting is required, the
monitoring will restart as well.
e. Monitoring requirements can be reduced as communicated by DWR in writing.
11. Success Criteria
a. Channel must be stable.
b. Success criteria of the stream bank stabilization will be accomplished when 90% of the bank
is observed to be stable with no signs of ongoing erosion.
c. Success criteria of the vegetation will be accomplished when 90% of the planted stems survive
with 90% vegetative cover of the restored area.
d. All required repairs for site stabilization and success are made expeditiously.
The above requested information is required for the approval of the Restoration Plan. Please update
the Cleveland Bluff's Stream Restoration Plan, dated December 23, 2020 to address this information
request. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1)
copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail
Service Center, Raleigh, NC 27699-1617, OR by submitting all of the above requested information
through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note "DWR #
20201842 Version 2 and Cleveland Bluff's Stream Restoration Plan" on the link referenced above).
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Shelton Sullivan at [e-mail] if you have any questions or concerns.
Sincerely,
�DocuSigned by:
10020
"-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosure: General Certification 4134
CC: Chis Hopper, US Army Corps of Engineer, via email
Charles Pender, Jessica Batten - Johnston County Public Utilities, via email
401 and Buffer Permitting Branch — Laserfiche File DWR # 20201842 Version 2

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4134
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 13 (BANK STABILIZATION),
• NATIONWIDE PERMIT NUMBER 27 (AQUATIC HABITAT RESTORATION,
ESTABLISHMENT AND ENHANCEMENT ACTIVITIES), AND
• REGIONAL GENERAL PERMIT 197800080 (BULKHEADS AND RIP -RAP)
Water Quality Certification Number 4134 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) (13 and
27) of the US Army Corps of Engineers regulations and Regional General Permit 197800080.
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

GC4134
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 permanent fill into or modification of wetlands and/or waters except for single and
independent stream stabilization or enhancement projects involving in -stream
structures that meet the following criteria:
i. Designed based on current natural channel techniques; and
ii. In -stream structures do not exceed a spacing of three structures per 100 feet of
stream length up to a total of 500 feet of streambank stabilization; or
c) Any stream relocation; or
d) Complete dewatering and drawdowns to a sediment layer related to pond/dam
maintenance or removal; or
e) Total temporary and permanent impacts to streambanks of greater than 150 feet for
bank stabilization projects when non -natural armoring techniques (e.g. rip -rap, gabion
baskets, deflection walls) are utilized; or
f) Total temporary and permanent impacts to streambanks of greater than 500 feet for
bank stabilization projects when natural techniques (e.g. sloping, vegetation, geolifts)
are used; or
g) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as:
ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, or North Carolina or
National Wild and Scenic River.
h) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as
Trout except for bank stabilization projects that qualify for a Nationwide Permit #13
provided that:
i. The total impacts are less than 100 feet in length;
ii. The project is not adjacent to any other existing stabilization structures;
iii. All conditions of this General Certification can be met, including adherence to
any moratoriums as stated in Condition #10; and
iv. A Notification of Work in Trout Watersheds Form is submitted to the Division at
least 60 days prior to commencement of work; or
i) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands
(UWL); 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:
i. The activities are listed as "EXEMPT" from these rules; or
Page 2 of 10

GC4134
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. Any repairs or adjustments to the site shall be made according to the approved plans.
Repairs that result in a change from the approved plans must receive written approval from
DWR prior to commencement of the repairs. [15A NCAC 02H .0501 and .0502]
2. Written authorization for a compensatory mitigation project does not represent an
approval of credit yield for the project. [15A NCAC 02H .0500(h)]
3. 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.
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]
Page 3 of 10

GC4134
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.
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 02B .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.
Page 4 of 10

GC4134
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Page 5 of 10

GC4134
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)]
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 the 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.
Page 6 of 10

GC4134
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)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters. [15A
NCAC 02B .0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
[15A NCAC 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)]
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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.
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 Tess 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)]
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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)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a water
quality Certification is required shall only make one payment to satisfy both agencies; the
fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
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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.
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 interested 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 4134 issued December 1, 2017
replaces WQC March 3, 2017; WQC 3885 issued March 19, 2012; WQC Number 3689 issued
November 1, 2007; WQC Number 3626 issued March 19, 2007; WQC Number 3495 issued
December 31, 2004; and WQC Number 3399 issued March 2003.
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