20230048 Ver 1_Approval Letter_20230309 (2).pdf

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROCERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 9, 2023
DWR #2023-0048
Rowan County
Jackson Shaw
Attn: Ryan Beadle
301 E. Tremont Avenue, Suite C
Charlotte, NC 28203
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Old Beatty Ford Road, USACE Action ID. No. SAW-2022-01822
Mr. Beadle:
Attached hereto is a copy of Certification No. WQC005750 issued to Ryan Beadle and Jackson Shaw,
dated March 9, 2023. This approval is for the purpose and design described in your application. The
plans and specifications for this project are incorporated by reference as part of this Water Quality
Certification. If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This General Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user 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.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Individual Section 404 Permit. The conditions shall remain in effect for the life of
the project, regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. 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 (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Roberto Scheller at 704-235-2204 or roberto.schellerPncdenr.gov if you
have any questions or concerns.
Sincerely,
CA
DocuSigned by:
�w H P
F161FB69A2084A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ

cc: Jennifer Robertson, Atlas Environmental Inc., [e-mail]
Meagan Jolly, USACE Charlotte Field Office, K.M.JollyPusace.army.mil
Todd Bowers, EPA, email
DWR 401 & Buffer Permitting Branch Electronic file

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005750 is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Ryan Beadle and Jackson Shaw, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on December 29, 2023, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on January 11, 2023.
The State of North Carolina certifies that this activity will comply with water quality
requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws
92-500 and PL 95-217 if conducted in accordance with the application, the supporting
documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
The following impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved (units)
Temporary
Stream
Site 1
686 linear feet
40 linear feet
404 401 Wetlands
Site 1
0.394 acres
0 acres
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof of
payment has been provided to this Office, no impacts specified in this Authorization Certificate
shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the
DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]:
Compensatory Mitigation
Required
River and Sub -basin
Number
Stream
Yadkin -Pee Dee
686 (linear feet)
(03040105)
1:1 ratio
Wetlands
0.394 (acres)
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 project must provide for
replacement of existing uses through compensatory mitigation.

3. Diversion ditches and other stormwater conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction, shortens basin holding times,
increases turbidity of discharge and creates a greater potential of bypass discharge.
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted.
15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (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. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02B .0203
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.
6. The permittee shall report to the DWR Mooresville 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 water pollution that precludes
any best use on a short-term or long-term basis.
7. 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.
8. 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.
9. 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 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCACO2B .0200, 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
10. 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 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.
11. 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.
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 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, 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.
13. 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.
14. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the
width of the culvert is wider than the stream channel, the culvert shall include multiple
boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel.
If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one
culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows
above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour
hole and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g., rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall 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.
15. 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 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.
16. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in 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.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that

precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
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.
19. 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 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.
20. 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.
21. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)

Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity, wildlife, secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
22. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
23. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this General Certification. A copy of this General Certification shall be
available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality General 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 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]
This, the 91h day of March 2023
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ