20221471.V2. Flatiron Forest Subdivision_6-2-23

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Rex Vick, Jr.
RBV 1252, LLC
3434 Kildaire Farm Road, Suite 135
Cary, NC 27518
rvicka,windj amdevelopment. com
NORTH CAROLINA
Environmental Quality
June 2, 2023
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the impacts regarding the development of Flatiron Forest
Subdivision located at 678 Hamlets Chapel Road, Pittsboro, Chatham County, NC.
NCDWR Project No. 20221471.V2
Dear Mr. Vick,
Attached hereto is a copy of Certification No. 005920 issued to the RBV 1252, LLC dated June 2"d, 2023.
If we can be of further assistance, do not hesitate to contact us.
LnWYiilned by:
.�,,a, C�r,.apw�.run,
iW� 6-6; Jr. Director
Division of Water Resources
Electronic copy only distribution:
Rick Trone, Withers Ravenel
Rachel Capito, US Army Corps of Engineers, Raleigh Field Office
Gabriela Garrison, NC Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch File, LF

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS.
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-
217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations in 15
NCAC 2H .0500 and 15A NCAC 02B .0267. This certification authorizes the RBV 1252, LLC, to impact 172 linear
feet of jurisdictional streams and 0.132 aces of jurisdictional wetlands in Chatham County. The project shall be
constructed pursuant to the resubmittal application received April 26, 2023. The authorized impacts are as described
below:
Stream Impacts in the Cape Fear River Basin
Perm. Fill in
Temp. Fill in
Total Stream
Stream Impacts
Site
Perennial
Perennial
Impact
Requiring
Stream
Stream
(linear ft)
Mitigation
(linear ft)
(linear ft)
(linear ft)
S1- Construction Access-
41
41
Dewatering
S2- Road Crossing - Culvert
78
78
S3- Road Crossing- Rap -Rap
26
26
S4- Construction Access-
27
27
Dewatering
Totals
104
68
172
Total Stream Impacts: 172 linear feet.
Wetland Impacts in the Cape Fear River Basin
Permanent
Temporary
Total Wetland
Impacts
Site
Fill (ac)
Fill (ac)
Impact (ac)
Requiring
Mitigation (ac)
Wl- Construction Access
0.032
0.032
W2- Road Crossing and Grading
0.079
0.079
W3- Construction Access
0.001
0.001
W4- Road Crossing and Grading
0.020
0.020
Totals
0.099
0.033
0.132
Total Wetland Impacts: 0.132 acres
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
This approval is only valid for the purpose and design that you submitted in your application received April 26,
2023. A 401 Water Quality Certification was previously issued for this project on December 16, 2022. Should your
project change, you are required to notify the NCDWR and submit a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all
the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one
acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This
Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere
with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right
or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a
defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless 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.
Condition(s) of Certification:
Project Specific Conditions
1) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams, and/or
buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and properly
maintained, and excavated materials should be contained outside wetland, stream, and/or buffer boundaries.
Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Citation: 1 SA NCAC
02H.0506 (b)(l) and (2)
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.
2) Stormwater Management Plan:
The Permittee shall secure an approved stormwater management plan (SMP) from the locally delegated
government stormwater program before any impacts authorized in this certification occur.
Citation: 1 SA NCAC 02H.0506; 1 SA 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.
3) Buffer Authorization:
The Permittee shall secure an approved Buffer Authorization from the delegated local government, Chatham
County, before any impacts authorized in this certification occur.
Citation: 1 SA NCAC 02H.0506; 1 SA NCAC 02H.0507(c)
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of
biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
4) 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); l5A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts
5) For road construction purposes, this Certification shall only be utilized from natural high ground to natural
high ground. Citation: 15A NCAC 02H.0502(a); l5A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
6) Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional
wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance
with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC
02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be
put in place at the time of recording of the property or individual parcels,
whichever is appropriate.
Citation: 15A NCAC 02H.0502(a); 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
7) 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 .0502; 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B
.0200; S.L.2017-145
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause
or contribute to a violation of standards or would result in secondary or cumulative impacts.
8) If this Water Quality Certification is used for utility related impacts, then the following Activity Specific
Conditions shall apply to those impacts.
E Q-North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai1 r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
a) 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
.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure 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.
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.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
c) Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream
channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank).
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, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
d) Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent
practicable and shall not exceed 40 feet wide for 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.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would
result in secondary or cumulative impacts.
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.0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
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 I X 10 cm/sec or less. See
Water Quality General Certification No. 4256 for a section and plan view diagram for the anti -seep collars.
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
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, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
g) The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions.
Any excess material will 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 will be piled separately from subsoils and will be backfilled into the trench
only after the subsoils have been placed and compacted. 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, and the water quality
to protect such uses, are protected. In determining that the proposed activity will comply with state water quality
standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation
policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or
contribute to a violation of standards or would result in secondary or cumulative impacts.
9) The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams
or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts
to water quality and avoiding impacts due to waterpollution thatprecludes any best use on a short* term or long-
term basis.
10) 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.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
11) All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter
2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and
further protect existing uses.
12) 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.
Citation: 15A NCAC 02H . 0506(b); 15A4 NCAC 02H . 0507(c); 15A NCACO2B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, areprotected. Activities must not cause water pollution thatprecludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric
Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU,• if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c) (l) 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.
13) 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 NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
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)0 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.
14) Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 1 SA 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.
15) If the project is covered by NPDES Construction Stormwater Permit Number NCGO 10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting
requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health,
secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed
SO 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)(l) 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.
16) All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact
with the disturbed area. Approved best management practices from the most current version of the NC Sediment
and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities
Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric
Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU- if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai� r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
17) 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: 1 SA NCAC 02H . 0506(b); 1 SA NCAC 02H 0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface
water quality standards are met and conditions of waters are suitable for all best uses.
18) 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 bank full.
Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot
for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a
diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet
is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the
streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than
2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -
vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the
culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient
documentation of the presence of bedrock. Notification, including supporting documentation such as a location
map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar
days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately
accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to
maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used
where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface
water quality standards are met and conditions of waters are suitable for all best uses.
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 0506(b); 1 SA NCAC 02H 0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai� r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses. As cited in Wetland Standards:
(c)(l) 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 bepresent in amounts that
may cause adverse impacts on existing wetland uses.
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 .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses. As cited in Wetland Standards: (c)(l) 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.
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 02H0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project
completion.
22) All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed
as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best
Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-
equilibrium during use of this Certification.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface
water quality standards are met and conditions of waters are suitable for all best uses.
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.0506(b); 15A NCAC 02H
. 0507(c)
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai� r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
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.
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.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule, and that activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
25) 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 0211.0507(c); 15A NCAC 02B . 0200; 15A NCAC 02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality
to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a
short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or
other wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair
the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved
gases shall not be present in 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.
26) 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.
27) In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any
spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount
occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned
up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must
immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the
discharge and of the measures which are being taken or are proposed to be taken to contain and remove the
discharge. This action is required in order to contain or divert the substances to prevent entry into the surface
waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai� r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
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.
28) 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: 1 SA 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 waterpollution thatprecludes 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.
29) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit
in the construction and maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A
copy of this Water Quality Certification shall be available at the project site during the construction and
maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401 Water
Quality Certification to minimize water quality impacts.
This Certification shall become null and void unless the above conditions are made conditions of the Federal 404
and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA
permit. 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. Violations of any condition herein set forth may result in
revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to 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 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. Pursuant to 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/ or by calling the OAH
Clerk's Office at [phone].
E Q­North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
oewemmEnwmnmemeio�ai1 r 919.707.9000

DocuSign Envelope ID: 3467F751-7177-4F8E-AODB-745FAADED5D8
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
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).
This the 2nd day of June, 2023
DIVISION OF WATER RESOURCES
DocuSigned by:
Richcsa@�oa, Director
WQC No. 005920
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
Department of wronmentalouaifty r 919.707.9000