20210964 Ver 1_No Written Concurrence_20210604

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
DATE:
FROM:
SUBJECT:
NORTH CAROLINA
Environmental Quality
June 4, 2021
Holley Snider IDS
NCDEQ-Division of Water Resources
401 Buffer Permitting Branch
DWR #2021096
No Written Approval Required
PROJECT LOCATION: 128 Hollis Lane, Wilmington, New Hanover County
Hollis Property
PROPOSED PROJECT: Expansion of an existing docking facility to provide dockage for four (4) vessels.
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated received by this office on May 19, 2021. The proposed project is located within the waters
of Masonboro Sound which are class SA;ORW waters by DWR. Please understand that the waters around
your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA).
Should the need for dredging within the proposed project area arise in the future, please be aware that
new dredging within a PNA is not permitted under 15A NCAC 02B .0221 as it results in degradation of
water quality standards and therefore is considered a water quality violation in accordance with 15A NCAC
02B .0221.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including (but not
limited to erosion and sedimentation control regulations and state stormwater requirements before you
proceed with your project). Also, the approval to proceed with your proposed impacts to waters a
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information.
Please contact Holley Snider at 910-796-7215 [e-mail] if you have any questions or
concerns.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINp
Oew fft0�Wwm,nwQ"Z /`� 910.796,7215

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

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

GC4175
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix) Single family home construction that results in fill of 404 jurisdictional wetlands as
long as written concurrence is not required from DWR for the applicable US Army
Corps of Engineers Nationwide Permit; or
b) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the
Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and
investigation report to DWR for comment prior to the DMF Director's recommendation on the
application for public notice or denial; or
c) Any stream relocation or stream restoration; or
d) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds
specified in 15A NCAC 02H .1017, which:
i) Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii) Proposes permanent wetland, stream or open water impacts; and
iii) Proposes new built -upon area; and
iv) Does not have a stormwater management plan reviewed and approved under a state
stormwater progr am' 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
e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or
f) Any impacts Unique Wetlands (UWL); or
g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC
Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC
Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer
Rules (15A NCAC 02B .0200); or
h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water
bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed withState
Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless:
i) The activities are listed as "EXEM PT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program pursuant
to 143-215.23.
e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
' e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
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GC4175
Activities included in this General Certification that do not meet one of the thresholds listed
above do not require written approval. Activities authorized by Coastal Area Management Act
(CAMA) General Permits do not require written approval from the Division as long as they
comply with all of the Activity Specific and General Conditions of this Certification listed below.
In any of the Activity Specific or General Conditions of this Certification listed below cannot be
met, then written approval from the Division is required.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless
Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910- 796-7215)
Regional Office, as applicable, are notified and provide approval prior to the release. [15A
NCAC 02B .0221)
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and complete
project authorized by this Certification must be buildable without additional impacts to
streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that
the parcels are buildable without requiring additional impacts to wetlands, waters, or state
regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to
assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules
(15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200).
These mechanisms shall be put in place at the time of recording of the property or individual
parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be staggered or overlapped or left open as long as the five-foot separation between sections
is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
installation of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC
02H .0506(b)(4) and (c)(4)]
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GC4175
7. For the North Carolina Department of Transportation, compliance with the NCDOT's individual
NPDES permit NCS000250 shall serve to satisfy this condition. All other high• density projects
that trigger threshold Item (f) above shall comply with one of the following requirements: [15A
NCAC 02H .0506(b)(5) and (c)(5)]
a. Provide a completed Stormwater Management Plan (SMP) for review and approval,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high -density development requirements of 15A
NCAC 02H .1003. Stormwater management shall be provided throughout the entire
project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC
02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC
02H .1017.
b. Provide documentation (including calculations, photos, etc.) that the project will not cause
degradation of downstream surface waters. Documentation shall include a detailed
analysis of the hydrological impacts from stormwater runoff when considering the volume
and velocity of stormwater runoff from the project built upon area and the size and existing
condition of the receiving stream(s).
Exceptions to this condition require application to and written approval from DWR.
11. GENERAL CONDITIONS:
When written authorization is required, the plans and specifications for the project are incorporated
into the authorization by reference and are an enforceable part of the Certification. Any
modifications to the project require notification to DWR and may require an application
submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the impacts (including temporary impacts) as authorized in the written approval from DWR;
or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers
beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed
as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam
shall not require mitigation when the removal complies with the requirements of Part 3 of
Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and
other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands
for the purpose of determining when impact thresholds trigger a mitigation requirement. For
linear publicly owned and maintained transportation projects that are not determined to be
part of a larger common plan of development by the US Army Corps of
Page 5 of 12

GC4175
Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet
per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H
.0506(b)(3) and (c)(3) and 15A NCAC 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.
If the project occurs in waters orwatersheds classified as Primary Nursery Areas (PNAs), SA, WS-
1, WS-11, 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]
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GC4175
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater
to be discharged during land disturbing construction activities as stipulated in the conditions
of the permit. If the project is covered by this permit, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -
monitoring, record keeping and reporting requirements is required. [15A NCAC 02H
.0506(b)(5) and (c)(S)]
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 recentversion
of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(S)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most
current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction
and Maintenance Activities Manual, such as sandbags, rock berms,cofferdams, and other
diversion structures shall be used to minimize excavation in flowing water. Exceptions to this
condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3)
and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506{b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be
Page 7 of 12

GC4175
such as to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location map
of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60
calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as, a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system
as well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
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GC4175
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)(S)]
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)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. [15A NCAC 02H .0506(b)(2)]
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GC4175
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H
.0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA), then
this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required
under the National Environmental Policy Act (NEPA), then this General Certification is not
valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental
Impact Statement is published by the lead agency [15A NCAC OIC .0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to Sediment and Erosion Control, Non• Discharge, Water Supply
Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law. If DWR determines that such standards or laws are not being met, including failure to
sustain a designated or achieved use, or that State or Federal law is being violated,or that
further conditions are necessary to assure compliance, then DWR may revoke or modify a
written authorization associated with this General Water Quality Certification. [15A NCAC
02H .0507(d)]
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GC4175
26. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Certification. A copy of this Certification, including all conditions
shall be available at the project site during the construction and maintenance of this project.
[15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)]
27. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR website
https://edocs.dea.nc.aov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
28. Additional site -specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
29. If the property or project is sold or transferred, the new permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. An applicant for
a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive user
is deemed by virtue of this Certification to possess any prescriptive or other right of priority
with respect to any other consumptive user regardless of the quantity of the withdrawal or
the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General Certification
is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding
Nationwide Permits and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Resources.
S. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
deemed in the public's best interest or determined that the project is likely to have a significant
adverse effect upon water quality, including state or federally listed endangered or threatened
aquatic species, or degrade the waters so that existing uses of the water or downstream
waters are precluded.
History Note: Water Quality Certification {WQC} Number 4175 issued February 1, 2019 replaces
WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued
March 6, 2017; WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued
March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274
issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025
issued September 6, 1995.
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