19970967 Ver 1_USACE Permit_20230413 (2)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

April 13, 2023

Regulatory Division
Action ID No. SAW-1997-08815and State Permit No. 10-03

William Boucher
8724 Bald Eagle Lane
Wilmington, North Carolina 28405

Dear Mr. Boucher:

Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to renew your Department of the Army (DA) Standard Permit originally
issued on December 22, 1997, to conduct maintenance dredging.

The project site is an existing access channel to the Atlantic Intracoastal Waterway
(AIWW) located adjacent to eleven single family residences, between 8637 and 8744 Bald Eagle
Lane, in the Porter's Neck area of New Hanover County. The site is accessed by Porter's Neck
Rd., off U.S. Highway 17-North. Bald Eagle Lane lies parallel to the AIWW extending from
Futches Creek south to the Figure 8 Island Bridge, and is developed with single family
residences on large lots.

The access channel runs parallel to the shoreline with a perpendicular channel at each end
connecting to the AIWW. Shoaling, primarily in the southern channel leg, has prompted the
applicant to apply for a renewal of a maintenance dredging permit on behalf of the eleven
property owners.

The maintenance proposal is to dredge the 1500-1600 feet of total channel length to a
width of 50 feet and a depth of -6 feet at Mean Low Water (MLW). Current soundings in the
channel indicate the water depths average -1 foot MLW to -4 feet MLW. The dredging willend
where the channel intersects the -6 feet MLW depth contour of the AIWW. The dredging is to be
accomplished via mechanical dredging (bucket to barge) and would consist of removing
approximately 6,000 cubic yards (cy) of material. Dredged spoil will be placed on private
property adjacent to USACE DA 228 owned by the Northeast New Hanover Conservancy

Your project Renewal Permit is hereby approved. The expiration date of your DA
permit is now April 12, 2028.

-2-
Questions or comments may beaddressed to Greg Currey at [phone] or by email at
[e-mail].

Sincerely,

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Greg Currey
Regulatory Project Manager

Enclosures:

Plans
Manatee Guidelines

Copies furnished by email:

Adam Knierim (Maritech, LLC)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Michael Meilinger (NC DWR)

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Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, revised April 12, 2023, which are a part of this permit. Any modification
to these plans must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.

2. A “Consent to Cross” authorization from the Corps of Engineers must be obtained prior to
crossing the Corps easement and prior to material disposal. Provide a written request and a
map showing the disposal site and the crossing location to Justin Arnette at
[e-mail].

3. Except as authorized by this permit or any USACE approved modification to this permit,
no dredge, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project within waters outside the designated permitted
boundary. This permit does not authorize temporary placement or double handling of
excavated or fill material within waters outside the permitted area.

4. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects
of work associated with this project. All dredged material must be deposited on high
ground.

5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous waste,
the permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.

6. 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 permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of
this project.

7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.

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8. The activity must be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.

9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and
strictlyadhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the
violation.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
RaleighField Office
Post OfficeBox 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechusmanatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has preparedprecautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blastingto proceed without adverse impacts to
manatees.In addition, inclusion of these guidelinesas conservation measures in a Biological Assessment
or Biological Evaluation, or as partof the determination of impacts on the manatee in an environmental
document preparedpursuant to the National Environmental Policy Act, will expedite the Service’s review
of thedocument for the fulfillment of requirements under Section 7 of the Endangered SpeciesAct.
These measures include:
1The project manager and/or contractor will inform all personnel associated with theproject that
manatees may be present in the project area, and the need to avoid any harmto these endangered
mammals. The project manager will ensure that all constructionpersonnel know the general appearance
of the species and their habit of moving aboutcompletely or partially submerged in shallow water. All
construction personnel will beinformed that they are responsible for observing water-related activities for
the presenceof manatees.
2. The project manager and/or the contractor will advise all construction personnel thatthere are civil and
criminal penalties for harming, harassing, or killing manatees which areprotected under the Marine
Mammal Protection Act and the Endangered Species Act.

3. If a manatee is seen within 100 yards of the active construction and/or dredgingoperation or vessel
movement, all appropriate precautions will be implemented to ensureprotection of the manatee. These
precautions will include the immediate shutdown ofmoving equipment if a manatee comes within 50 feet
of the operational area of theequipment.Activities will not resume until the manatee has departed the
project area onits own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The reportmust be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), theNational Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina WildlifeResources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visibleto the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmermonths,
primarily from June through October. Idle speed is required if operatingthis vessel in shallow
water during these months. All equipment must be shut downif a manatee comes within 50 feet
of the vessel or operating equipment. A collisionwith and/or injury to the manatee must be
reported immediately to the U.S. Fish andWildlife Service (919-856-4520), the National Marine
Fisheries Service(252-728-8762), and the North Carolina Wildlife Resources Commission(252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries tomanatees during
project activities. Upon completion of the action, the project manager willprepare a report which
summarizes all information on manatees encountered and submitthe report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speedsat all times
while in water where the draft of the vessel provides less than a four footclearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made ofmaterial in
which manatees cannot become entangled; (b) secured in a manner that theycannot break free and
entangle manatees; and, (c) regularly monitored to ensure thatmanatees have not become entangled.
Barriers will be placed in a manner to allowmanatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

919/856-4520
2

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
3

April 12, 2023
DWR # 19970967
New HanoverCounty
Attn: William F Boucher
8724 Bald Eagle Lane
Wilmington, NC 28405
Subject: Approvalof Individual 401 Water Quality Certification
8724 Bald Eagle LaneMiddle Sound, AIWWNew Hanover
USACE Action ID. No. SAW-1996-01519
Dear Mr. Boucher:
Attached hereto is a copy of Certification No. WQC005814issued toWilliam Boucherdated April 12, 2023.
ThisCertification replaces the Certification issued on December 3, 1997. This approval is for the purpose
and design described in yourrenewal request in conjunctionwith the CAMA Major Permit and Regional
General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it.If you changeyour 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 Certificationand is responsible for complying with all conditions. \[15A NCAC 02H .0507(d)(2)\].
Please understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0225 which requires that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary
Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. The Division supports the
concerns and recommendations from the Division of Marine Fisheries and the Wildlife Resources
Commission regarding design and construction of the docking facilities located in the shallow waters of
designated Primary Nursery Areas.
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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 2of 10
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 userregardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
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 theconditions of this Water Quality Certification you must notify
the WilmingtonRegional 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 theWilmingtonRegional 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 \[G.S. 143-215.5\]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of
the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of
Water Quality. Pursuantto G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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/-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 3of 10
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
t and 15A NCAC 02H
.0500. Please contactMichael Meilingerat 910-796-7215or [e-mail] you have
any questions or concerns.
Sincerely,
Morella Sanchez-King
Regional Operation Supervisor
Division of Water Resources, NCDEQ
Electronic cc:Adam Knierim, [e-mail]
Gregg Bodnar, Cameron Luck and Amanda Cannon DCM Morehead City Office
Greg Currey, USACE WilmingtonRegulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 19970967_William Boucher_8724 Bald Eagle Lane_IWQC_NHCo._April23
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 4of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#WQC005814is issued in conformitywith the requirements of Section 401, Public Laws
92-500 and 95-217 of the
and 15A NCAC 02B .0200, to William Boucherwho have authorization for the impacts listed below, as
described within yourrenewalrequestreceived by the N.C. Division of Water Resources (Division) onApril
4, 2023,and by Public Notice issued by the Division of Coastal Managementon or around November 5,
1997.
The State of NorthCarolina 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. \[15A NCAC 02H .0506(b)\]
Amount Approved (units) Amount Approved Plan Location or
Type of Impact
Permanent(units) TemporaryReference
Open Waters
Maintenance 1.84(acres)N/ACAMA permit
Excavation ofapplication, project
Boat Basinnarrative and
renewal request
received
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION \[15A NCAC 02H .0507(c)\]:
1.Please note that the area surrounding the project sites are located within Topsail and Middle Sound
Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and
shellfish producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this
certification outside the approved impacts specified herein.
Citation: 15A NCAC 02B .0225(c)(2) ORW Water Quality Standards, and 15A NCAC 07H .0208 (a)(6)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. Surface waterquality 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. In determining that the
proposed activity will comply with state water quality standards (including designated uses, numeric
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.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 5of 10
2.Canals or boat basins shall not be dredged beyond their original depth and width. The area
shall not be dredged to a depth deeper than the receiving water.
Citation:15ANCAC02H.0506;15ANCAC02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable forall
bestusesprovidedforinstaterule(including,atminimum:aquaticlifepropagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture);andthat
activitiesmustnotcausewaterpollutionthatprecludesanybestuse on a short-term or long-term
basis.
3.The effluent water from the dredge spoil should not (if at all practicable) be released into open shellfish
waters. The release of the effluent of dredge spoil from a closed shellfish area into open shellfish water
will cause a (temporary) closure of thatwater which in turn is a degradation of waters and a violation of
tidal salt water quality standards for Class SA Waters. Shellfish Sanitation (252.726.6827) and the Division
of Water Resources (910.796.7215) must be notified if this is to occur.
Citation: 15A NCAC 02B .0221
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution. 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 shellfishing for marketing purposes) and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
4.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 ResourcesCommission (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.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of
the US Army Corps of Engineers) oridentified 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 .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of receiving
and downstream waters, water quality based management practices must be employed to protect against
direct or indirect discharge of waste or other sources of water pollution. 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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 6of 10
use on a short-term or long-term basis.
5.The permittee shall report to the DWRWilmingtonRegional 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 thetime the permittee became aware of the non-compliance
circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water qualityand avoiding impacts due to water pollution that precludes any best use on a
short-term or long-term basis.
6.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.
7.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.
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.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 7of 10
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .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 shallnot 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; 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.
8.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.
9.If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance withpermit 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 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 ona 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; 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.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 8of 10
10.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.
11.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 adverselyaffect 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.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 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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 9of 10
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.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 02B .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.
14.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 inorder 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.
15.The permittee and their authorizedagents 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.
16.The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification in the construction and maintenance of this project andshall 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)
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

William Boucher
DWR# 1997-0967
Individual Certification #WQC005814
Page 10of 10
Justification: Those actually performingthe work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
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 404Permit.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, the12day ofApril2023
Morella Sanchez-King
Regional Operations Supervisor
MSK/mm
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000