20201695 Ver 1_Approval Letter_20211018

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 18, 2021
DWR # 20201695
Forsyth County
806 Gibb Street LLC
Attn: Justin Mendenhall
11 Brookstown Ave
Winston Salem, NC 27101
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Cottage Hill Subdivision
USACE Action ID. No. SAW-2020-01267
Dear Mr. Mendenhall:
Attached hereto is a copy of Certification No. WQC004494 issued to Justin Mendenhall and 806 Gibb
Street LLC, dated October 18, 2021. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee 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.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality 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 Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office ! 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
NORTH CAROLINA
oewrtment of �I w,monai oueift /� 336,776,9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 2 of 11
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Winston-Salem Regional Office within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Winston-Salem Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
EDocuSiiggned by:
L-On, l . 5,Jc'
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem, North Carolina 27105
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oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Electronic cc: Michael Brame, Pilot Environmental Inc.
Jean Gibby, USACE Raleigh Regulatory Field Office
Olivia Munzer, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Individual Certification #WQC004494
Page 3 of 11
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH C..
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 4 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004494 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Justin Mendenhall and 806 Gibb Street LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on September 9, 2021 and by Public Notice issued by the Division on September 15,
2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
98 (linear feet)
12 (linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure
compliance with NC Water Quality Certification 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.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will comply
with state water quality standards (including designated uses, numeric criteria, narrative criteria and
the state's antidegradation policy), the Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards or would result in
secondary or cumulative impacts
2. The permittee shall report to the DWR Winston-Salem Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited
to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH CAAOI..I\,,A
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 5 of 11
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
5. 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)..
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200, 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
6. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH CAROI„ NA
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DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 6 of 11
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC
028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
DIEQ� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROI„ NA
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 7 of 11
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
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 Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
10. 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. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
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 the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% 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, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 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
�\,Ap_
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH C..
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 8 of 11
be provided to DWR a minimum of 30 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.
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
11. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
12. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
�\,Ap_
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH C..
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 9 of 11
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
13. 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 streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. 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 be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
14. Any rip -rap used for stream stabilization shall be of a size and density to prevent movement by
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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
15. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH CAAOI..I\,,A
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 10 of 11
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected, populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
17. In accordance with 143-215.85(b), the permittee 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary
contact recreation; agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
18. The 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
19. 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 Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
DIEQ� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROI„ NA
oenenmc & aua\ r 336.776.9800

DocuSign Envelope ID: 2C2E486C-4A00-4616-A86F-E6E7052842FC
806 Gibb Street LLC
DWR# 20201695
Individual Certification #WQC004494
Page 11 of 11
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. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 18t" day of October 2021
EDocuSiTgned by:
L-On, l . 5,Jt'
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
�\,Ap_
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem, North Carolina 27105
yOFTH C..
oenenmc & aua\ r 336.776.9800