20211540 Ver 1_Approval Letter_20211222

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 21, 2021
DWR #20211540
Brunswick County
Crest Residential, LLC
Attn: Bentley Nelson
500 Office Park Drive
Birmingham, AL 35223
(Delivered via email to [e-mail])
Subject: CERTIFICATE OF COVERAGE WITH ADDITIONAL CONDITIONS
GENERAL PERMIT NJGP100000
Belville Project
Dear Mr. Nelson:
You have our approval for the impacts listed below for the purpose described in your application dated
October 22, 2021, received by the Division of Water Resources (Division) October 22, 2021, and
payment received October 25, 2021. These impacts are covered by the attached Federally Non -
Jurisdictional General Permit Number NJGP100000 and the conditions listed below. This Certificate of
Coverage 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/or Stormwater
regulations.
The following proposed impacts are hereby approved provided that all of the Conditions listed below
are met, and the project remains in compliance with 15A NCAC 02H .1400 et seq. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .1405]
Type of Impact
Amount Approved
Amount Approved
(units) Permanent
(units) Temporary
Federally Non -Jurisdictional Wetlands
Site 1
0.619 acres
N/A
Site 2
0.005 acres
See project narrative
Site 3
0.371 acres
and sheet C-1
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certificate of Coverage. If you change your
project, you must notify the Division and you may be required to submit a new application package with
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NORTH CAROLM -
uepadmnterEMm—emeiu�r� / 919.707.9000

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98 Crest Residential, LLC
DWR# 20211540
NJGP100000 Certificate of Coverage
Page 2 of 5
the appropriate fee. If the property is sold, the new owner must be given a copy of this Certificate of
Coverage and is responsible for complying with all conditions. [15A NCAC 02H .1404(d)(2)].
If you are unable to comply with any of the conditions of the attached General Permit or with the
additional conditions itemized below, you must notify the REGION 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 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.
Additional Conditions [15A NCAC 02H .1404(c)]:
If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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)
3. 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.
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 North
Caroline Department of Transportation 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.
D E Q�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORTH CAROLINA —
uepanmanf of EAv-1--fal Uoaiity 919.707.9000

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98 Crest Residential, LLC
DWR# 20211540
NJGP100000 Certificate of Coverage
Page 3 of 5
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCACO213.0200; 15A NCAC
02B .0231
4. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO213.0200; 15A NCAC 02B
.0231
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)
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.
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 Stormwater Permit Number NCS000250.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 0213.0200; 15A NCAC 02B
.0231
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.
E Q�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORTH CAROHNA -
uepanmanf of rnvlmnmmfai o.'i 919.707.9000

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98 Crest Residential, LLC
DWR# 20211540
NJGP100000 Certificate of Coverage
Page 4 of 5
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. 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 General Certification. A copy of this General 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)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certificate of Coverage 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 Certificate of Coverage neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Certificate of Coverage does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create
any prescriptive right or any right of priority regarding any usage of water. This Certificate of Coverage
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 Certificate of Coverage to
possess any prescriptive or other right of priority with respect to any other consumptive user.
This letter completes the Division's review under 15A NCAC 02H .1400. Please contact Holley Snider at
910-796-7315 or [e-mail] if you have any questions or concerns.
Sincerely,
D 1occu'Siigned by: I_ �'"" qq
II
E3ABA14AC7DC434... (/
Morel la Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
E Q�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORTH CAROLINA -
Depanmanf of rnvlmnmmfai o.,i 919.707.9000

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
Crest Residential, LLC
DWR# 20211540
Enclosures: NJGP100000
NJGP100000 Certificate of Coverage
Page 5 of 5
cc: Nick Creider, Headwater Enviornmental (via email)
Gary Beecher, USACE Wilmington Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
DWR 401 & Buffer Permitting Unit file
E Q�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORTH CAROLINA -
uepanmanf of rnvlmnmmfai o.'i 919.707.9000

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
STATE GENERAL PERMIT FOR IMPACTS TO
FEDERALLY NON -JURISDICTIONAL WETLANDS AND
FEDERALLY NON -JURISDICTIONAL CLASSIFIED SURFACE WATERS
PERMIT NUMBER: NJGP100000
FOR PROJECTS IMPACTING LESS THAN OR EQUAL TO ONE (1) ACRE OF FEDERALLY
NON -JURISDICTIONAL WETLANDS OR OPEN WATERS AND/OR LESS THAN OR EQUAL
TO THREE HUNDRED (300) LINEAR FEET OF FEDERALLY NON -JURISDICTIONAL
STREAMS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other lawful standards and regulations, including 15A NCAC 02H
.1400 and 15A NCAC 02B .0200, promulgated and adopted by the North Carolina Environmental
Management Commission, permission is hereby granted to all owners or operators of activities
which impact Federally Non -Jurisdictional wetlands and classified surface waters as evidenced
by receipt of a Certificate of Coverage from the Division of Water Resources in accordance with
the conditions set forth in this General Permit.
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.
This General Permit shall become effective on July 12, 2021.
This General Permit shall expire on July 12, 2026, or unless otherwise rescinded after public
notice or until deemed appropriate by the Director of the NC Division of Water Resources.
Signed this day: July 12, 2021
By
A
S. Daniel Smith
Director

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
Activities that impact less than or equal to one (1) acre of federally non -jurisdictional wetlands
or open waters, and/or equal to or less than three hundred (300) linear feet of federally non -
jurisdictional streams qualify for coverage under this General Permit upon issuance of a
Certificate of Coverage by the Division of Water Resources. Activities that are deemed to be
permitted pursuant to 15A NCAC 02H .1405 do not require coverage under this General Permit
provided they comply with the applicable provisions of 15A NCAC 02H .1400, et. seq.
In accordance with 15A NCAC 02H .1403(f), the Director of the North Carolina Division of Water
Resources may require submission of a formal application for an Individual Permit for any
project 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 will degrade the waters so that existing uses of
the waters or downstream waters are precluded.
GENERAL CONDITIONS:
1. The plans and specifications for the project are incorporated into the Certificate of Coverage
by reference and are an enforceable part of the Permit. Any modifications to the project
requires notification to DWR and may require submittal of an application for a modification to
DWR with the appropriate fee. Citation: 15A NCAC 02H .1401; 15A NCAC 02H .1402
2. If this General Permit is used to access residential, commercial or industrial building sites,
then all parcels owned by the permittee that are part of the single and complete project
authorized by this General Permit must be buildable without additional impacts to streams or
wetlands. Citation: 15A NCAC 02H .1402(a); 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
3. For road construction purposes, this General Permit shall only be utilized from natural high
ground to natural high ground. Citation: 15A NCAC 02H .1402(a); 15A NCAC 02H .1405(b); 15A
NCAC 02H .1404(c)
4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
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), Federally Non -Jurisdictional Wetland Rules
(15A NCAC 02H .1400) 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 .1402(a); 15A NCAC 02H .1405(b);
15A NCAC 02H .1404(c)
5. 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. Citation: 15A NCAC 02H .1402; 15A NCAC 02H .1405(b); 15A NCAC
02H .1404(c); 15A NCAC 02B .0200; S.L. 2017-145;
Page 2 of 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
6. If this General Permit is used for utility related impacts, then the following Conditions shall
apply to those impacts.
All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
b. Any utility construction corridor that is parallel to a stream or open water shall not be
closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC
02H .1405(b); 15A NCAC 02H .1404(c)
c. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a perpendicular angle (i.e., intersect the surface water at an
angle between 75 degrees and 105 degrees). Citation: 15A NCAC 02H .1405(b); 15A
NCAC 02H .1404(c)
d. Construction corridors in wetlands and/or across stream channels shall be minimized to
the maximum extent practicable and shall not exceed 50 feet wide for oil and gas utility
lines and 40 feet wide for all other utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be
grubbed only as needed to install the utility and remaining stumps shall be cut off at
grade level. The general stripping of topsoil within wetlands along the construction
corridor is prohibited. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
e. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide except at
manhole locations. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
f. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H
.1404(c)
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Page 3 of 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
g. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material shall be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed
on fabric to minimize impacts whenever possible. Topsoil excavated from utility
trenches must be piled separately from subsoils and shall be backfilled into the trench
only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H
.1405(b); 15A NCAC 02H .1404(c)
7. The permittee shall report to the appropriate DWR 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
.1405(b); 15A NCAC 02H .1404(c)
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) established in a Certificate of Coverage
for use of this General Permit. Citation: 15A NCAC 02H .1405; 15A NCAC 02H .1404(c)
9. 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
.1405(b); 15A NCAC 02H .1404(c)
10. 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.
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 North Caroline Department of Transportation 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 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
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. Citation: 15A NCAC 02H
.1405(b)(2); 15A NCAC 02H .1404(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
11. 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. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H
.1404(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H
.1404(c)
13. 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. 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 Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .1405(b); 15A NCAC
02H .1404(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231
14. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B
.0200
15. 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.
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.
Page 5 of 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
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. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H
.1404(c); 15A NCAC 04B .0125
16. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
17. 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
for 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 in area where topographic constraints
dictate culvert slopes will be 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 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
Page 6 of 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGP100000
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 .1405(b); 15A NCAC 02H .1404(c)
18. 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. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
19. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0231; 15A NCAC 02B .0211
20. 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 .1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200
21. 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. All temporarily impacted sites shall be restored and stabilized with
native vegetation. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
22. 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. Citation:
15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
23. 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 .1405(b); 15A NCAC 02H .1404(c)
Page 7 of 8

DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98
NJGPl OOOOO
24. 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. Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H
.1404(c); 15A NCAC 02B .0201
25. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Groins in Estuarine and Public Trust Waters
and Ocean Hazard Areas) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .1404(c); 15A NCAC 07H .1400 et
seq.
26. 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
.1405(b); 15A NCAC 02H .1404(c); 15A NCAC 02B .0200
27. 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 .1405(b); 15A
NCAC 02H .1404(c); 15A NCAC 02B .0231
28. In accordance with G. S. 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 .1404(c); N.C.G.S 143-215.85(b)
29. 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 .1405(b); 15A NCAC 02H .1404(c)
30. 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 General Permit. A copy of this General Permit
shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .1405(b); 15A NCAC 02H .1404(c)
31. This General Permit 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. Citation: G.S. 143-215.3(a)(2)
Page 8 of 8