20170067 Ver 4_7 - 401 Certification 2017-0067 v2_20220318

August 1, 2017
NTE Carolinas II, LLC
Attn: Garrett Weeks
24 Cathedral Place, Suite 300
Saint Augustine, FL 32084-4465
ROY COOPER.
Governor
MICFIAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 2017-0067 v2
Rockingham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NTE Reidsville Energy Center
Dear Mr. Weeks:
You have our approval for the impacts listed below for the purpose described in your application dated
June 7, 2017, received by the Division of Water Resources (Division) June 7, 2017, with subsequent
information on July 20, 2017. These impacts are covered by the attached Water Quality General
Certification Number 4092 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
UT102
15 (linear feet)
40 (linear feet)
UT3
212 (linear feet)
40 (linear feet)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

NTE Carolinas II, LLC
DWR# 2017-0067 v2
401APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given
a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible
for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. Any future phases or related activities associated with the Reidsville Energy Center have been
determined to cumulative with this project by the US Army Corps of Engineers (USACE). Water
intakes and outfall to and from the Reidsville Energy Center, as well as associated utility lines, have
been determined to be cumulative with this project.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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) within
sixty (60) calendar days.
A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office
at [phone] for information. A petition is considered filed when the original and one (1) copy along
with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday
between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

NTE Carolinas II, LLC
DWR# 2017-0067 v2
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Sue Homewood at 336-776-9693 or sue.homewood@ncdenr,gov if you have any questions or concerns.
Sincerely,
X
lam` JL
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4092
cc: Christopher Wu, ECT (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

GENERAL
y CERTIFIC
M�� N PROJECTS
w Yl w yM O.N. US ARMY
CORPS
.M OF
ENGINEERS
• NATIONWIDE PERMIT
N NUMBER
9
(RESIDENTIAL
SMuI A DEVELOPMENT),
• NATIONWIDE PERMIT NUMBER 39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
• NATIONWIDE PERMIT NUMBER 40 (AGRICULTURAL ACTIVITIES),
•
• {. NATIONWIDE TIONWI DE PERM
w r w 4(RECREATIONAL
k 6
NATIONWIDE• PERMIT
N NUMBER al r M.
• NATIONWIDE PERMIT NUMBER 46 (DISCHARGES IN DITCHES),
• NATIONWIDE PERMIT NUMBER, 51 (LAND BASED RENEWABLE ENERGY GENERATION
FACILITIES), AND
NATIONWIDE
■' PERMIT
',.I NUMBER
52 (WATER
BASED RENEWABLE ENERGY GENERATION
PILOT
PROJECTS).
'water Quality Certification Number r 4092 is iSSU dl in conformity with the requirements of
Section 401, Public Laws 3-5and 5-217 of the United States and sulbj ct to the North
Carolina Regulations in 15,E NCAC 02H .UISUU and 15A NCAC 03 ' ,07.00 for the discharge of fill
material to surface waters and wetland air as as described in 33 CFR 330, Appendix A ( ) (18, 29,
39, 40, 41, 42, 44, 46, 51 and S ) of the LIS Array Corps of Engineers regulations.
The State of North Carolina certifies that the specified category of activity will not violate
ap licabl ortions of Sections 301, 3012, 303, 306 and 307 of the Public Laws -500 and S- 1i7
if cund'uct d in accordiance with the conditions hereinafter set firth.
Effective date: March 19, 2017
Signed this day March 3, 2017'
y
f6r SA'ay Zimmerman, P.G.
Director

GC4092
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any impacts to streams from excavation or dredging; or
c) Total temporary and permanent impacts to streams greater than 150 feet; or
d) Any stream relocation or stream restoration; or
e) Total temporary and permanent impacts to wetlands or open waters equal to or greater
than one -tenth (1/10) acre; or
f) 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 does not have a stormwater
management plan reviewed and approved under a state stormwater program' or a state -
approved local government stormwater program2. Projects that have vested rights,
exemptions, or grandfathering from state or locally -implemented stormwater programs
and projects that satisfy state or locally -implemented stormwater programs through use
of community in -lieu programs require written approval.; or
g) Any impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including
SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or National Wild and
Scenic River; or
h) Any impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL) [15A
NCAC 02H .05061; or
i) 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
j) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman
Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with
State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed above
do not require written approval.
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 2 of 11

GC4092
I. ACTIVITY SPECIFIC CONDITIONS:
1. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
2. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
3. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and
(c)(4)]
4. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other
projects that disturb 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); have permanent
wetland, stream, or open water impacts; and are proposing new built -upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. 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. Projects that have vested rights, exemptions, or grandfathering from state or locally -
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally -implemented stormwater programs through use of community in -lieu
programs do not satisfy this condition.
c. Projects that require written authorization from DWR shall submit the following with
their application for review and approval:
For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater program' or a state -approved local government stormwater program2
shall submit plans that show the location and approximate size of all proposed
stormwater measures;
' e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES
z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
Page 3 of 11

GC4O92
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
iii. All other high density projects not covered above shall submit a completed SMP,
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.
d. Projects that do not require written approval from DWR shall obtain approval of the SMP,
when required, before any impacts authorized by this Certification occur.
e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future
phase must be approved before construction of that phase commences. Approved SMPs
may not be modified without prior written authorization from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greater than 150 linear feet per 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.
Page 4 of 11

GC4092
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 or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B .0201]
Page 5 of 11

GC4092
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .01251
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 6 of 11

GC4092
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site -specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. -Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0506(b)(5)]
Page 7 of 11

GC4092
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 Surfoce Mining Manual or the
North Carolina Deportment of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip -rap or other approved
materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 8 of 11

GC4092
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 not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law. If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
26. 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:Hedocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
Page 9 of 11

GC4O92
27. 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)]
28. 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. [1SA NCAC 02H .OS02(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
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GC4092
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
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.
7. Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4092 issued March 3, 2017 replaces
WQC 3890 issued March 19, 2012 replaces WQC Number 3821 issued April 6, 2010, WQC
Number 3631 issued March 19, 2007; WQC 3402 issued March, 2003, WQC Number 3362, issued
March 18, 2002; WQC 3287, issued June 1, 2000, WQCs 3106 and 3108 issued February 11,
1997.
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